The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject.(February 2013) |
Protective custody (PC) is a type of imprisonment (or care) to protect a person from harm, either from outside sources or other prisoners. [1] Many prison administrators believe the level of violence, or the underlying threat of violence within prisons, is a chief factor causing the need for PC units. Prisoners have the opportunity to request protective custody if they get the impression that the environment they are living in is harmful to their well being. Their request may be granted if the officials rule that the prisoner is truly at risk. Protective custody might simply involve putting the person in a secure prison (if the threat is from the outside), but usually protective custody involves some degree of solitary confinement. For people who are threatened because of their association with a certain group or gang, moving them to another section of the prison may be sufficient. [2]
Early uses of protective custody started in the 1960s by law enforcement but it was used infrequently. Federal prosecution of organized crime figures led to the offering of witness protection to key government informers. In 1964 Joseph Valachi became the first La Cosa Nostra member to publicly testify to the existence of the organized crime group, appearing before a congressional committee. Valachi, who was facing the death penalty, agreed to testify in return for personal protection. He was held in solitary confinement for protection and given $15 a month.
Since the 1970s the Federal Witness Security Program has grown in size. The program is used to fight organized crime, terrorism, gang-related crime, and narcotics trafficking. In 1995, 141 new participants added to the program, increasing the number to 6,580 witnesses and 14,845 total participants since the program began. Also in 1995, 257 protected witnesses testified at trials against organized crime members, resulting in a substantial number of convictions. [3]
In return for assistance from these participants, the witness and family members over eighteen years of age must each sign a memorandum of agreement. The witness must agree to testify and provide information to law enforcement officials. [4] In addition, the person must agree not to commit any crime and to take all necessary steps to avoid detection. Most witnesses remain in the program for two years.[ citation needed ].
Witness protection programs also exist in prisons. To protect witnesses serving a prison sentence, the federal government has created witness protection units within federal prisons. Protected witnesses live a more comfortable life than other prisoners, which includes having free and unlimited access to telephone and cable television and the ability to use their own money to buy food, appliances, jewelry, and other items.
In a prison context, protective custody is used mainly in the following cases:
Visiting:
Education, healthcare, laundry, and commissary:
Protective custody does not necessarily imply that the person is a prisoner or in a prison setting. In some usages, it might simply involve placing a person in a secure setting, with no implication of imprisonment, such as when a child is placed in temporary foster care. [7] In some cases, non-criminals (or defendants in pending trials) have also been placed in protective custody in a prison setting, for example to protect them from being lynched.
The Aryan Brotherhood, also known as the Brand or the AB, is a neo-Nazi prison gang and an organized crime syndicate which is based in the United States and has an estimated 15,000–20,000 members both inside and outside prisons. The Southern Poverty Law Center (SPLC) has characterized it as "the nation's oldest major white supremacist prison gang and a national crime syndicate" while the Anti-Defamation League calls it the "oldest and most notorious racist prison gang in the United States". According to the Federal Bureau of Investigation (FBI), the Aryan Brotherhood makes up an extremely low percentage of the entire US prison population but it is responsible for a disproportionately large number of prison murders.
The United States Federal Witness Protection Program (WPP), also known as the Witness Security Program or WITSEC, is a witness protection program codified through 18 U.S. Code § 3521 and administered by the United States Department of Justice.
Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people. It is a punitive tool used within the prison system to discipline or separate incarcerated individuals who are considered to be security risks to other incarcerated individuals or prison staff, as well as those who violate facility rules or are deemed disruptive. However, it is also used as protective custody on incarcerated individuals whose safety is threatened by others in order to separate them from the general prison population.
Joseph Michael Valachi was an American mobster in the Genovese crime family who was the first member of the Italian-American Mafia to acknowledge its existence publicly in 1963. He is credited with the popularization of the term cosa nostra.
Vito Genovese was an Italian-born American mobster who mainly operated in the United States. Genovese rose to power during Prohibition as an enforcer in the American Mafia. A long-time associate and childhood friend of Lucky Luciano, Genovese took part in the Castellammarese War and helped shape the rise of the Mafia and organized crime in the United States. He would later lead Luciano's crime family, which was renamed the Genovese crime family in his honor.
Witness protection is security provided to threatened person providing testimonial evidence to the justice system, including defendants and other clients, before, during, and after trials, usually by police. While witnesses may only require protection until the conclusion of a trial, in particularly extreme cases, some witnesses are provided with new identities and may live out the rest of their lives under government protection. Protection is typically needed when their safety is at risk due to the potential for retaliation. The program aims to ensure their safety and encourage them to cooperate with law enforcement by providing information that can help solve cases and bring criminals to justice. It's an important tool in maintaining the integrity of the justice system and protecting those who are willing to come forward with crucial information.
The Mexican Mafia, also known as La eMe, is a Mexican American criminal organization in the United States. Despite its name, the Mexican Mafia did not originate in Mexico, and is entirely a U.S. criminal prison organization. Law enforcement officials report that the Mexican Mafia is the deadliest and most powerful gang within the California prison system.
A prison gang is an inmate organization that operates within a prison system. It has a corporate entity and exists into perpetuity. Its membership is restrictive, mutually exclusive, and often requires a lifetime commitment. Prison officials and others in law enforcement use the euphemism "security threat group". The purpose of this name is to remove any recognition or publicity that the term "gang" would connote when referring to people who have an interest in undermining the system.
A prison officer (PO) or corrections officer (CO), also known as a Correctional Law Enforcement Officer or less formally as a prison guard, is a uniformed law enforcement official responsible for the custody, supervision, safety, and regulation of prisoners. They are responsible for the care, custody, and control of individuals who have been convicted of a crime and sentenced to imprisonment. They are also responsible for the security of the facility and its property as well as other law enforcement functions. Most prison officers or corrections officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide prison services to the government.
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by names such as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.
A criminal turns state's evidence by admitting guilt and testifying as a witness for the state against their associate(s) or accomplice(s), often in exchange for leniency in sentencing or immunity from prosecution. The testimony of a witness who testifies against co-conspirator(s) may be important evidence.
The Valachi hearings, also known as the McClellan hearings, investigated organized crime activities across the United States. The hearings were initiated by Arkansas Senator John L. McClellan in 1963. Named after the major government witness against the American Mafia, foot soldier and made man Joseph Valachi, the trial exposed American organized crime to the world through Valachi's televised testimony. At the trial, Valachi was the first member of the Italian-American Mafia to acknowledge its existence publicly, and is credited with popularization of the term cosa nostra. The trial also exposed the hierarchy of the American Mafia, including the Five Families and The Commission.
Pre-trial detention, also known as preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
The American Mafia, commonly referred to in North America as the Italian American Mafia, the Mafia, or the Mob, is a highly organized Italian American criminal society and organized crime group.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews. Passage of this law in California led to the passage of similar laws in Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Oklahoma, Ohio and Wisconsin, and efforts to pass similar laws in Hawaii, Iowa, Montana, Idaho, South Dakota, and Pennsylvania. In November 2017, Marsy's Law was found to be unconstitutional and void in its entirety by the Supreme Court of Montana for violating that state's procedure for amending the Montana Constitution. The Pennsylvania Supreme Court reached the same conclusion as Montana under its own state constitution in 2021.
To become a full member of the Mafia or Cosa Nostra – to become a "man of honor" or a "made man" – an aspiring member must take part in an initiation ritual or initiation ceremony. The ceremony involves significant ritual, oaths, blood, and an agreement is made to follow the rules of the Mafia as presented to the inductee. The first known account of the ceremony dates back to 1877 in Sicily.
In the United States penal system, upwards of 20 percent of state and federal prison inmates and 18 percent of local jail inmates are kept in solitary confinement or another form of restrictive housing at some point during their imprisonment. Solitary confinement (sometimes euphemistically called protective custody, punitive segregation (PSEG) or room restriction) generally comes in one of two forms: "disciplinary segregation," in which inmates are temporarily placed in solitary confinement as punishment for rule-breaking; and "administrative segregation," in which prisoners deemed to be a risk to the safety of other inmates, prison staff, or to themselves are placed in solitary confinement for extended periods of time, often months or years.
The Witness Security Programme in Ireland is administered by the Attorney General of Ireland, and is operated by the Garda Síochána, the national police force. Witness protection in Ireland is used in cases of serious, organised crime and terrorism. The programme is under the operational control of the elite Garda Special Detective Unit (SDU), attached to the Garda Crime & Security Branch (CSB).
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