Protective custody

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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]

Contents

History of starting PC units

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:

Other usages

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.

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References

  1. Henderson, Phillips, James D., Richard L. (1991). Protective Custody Management in Adult Correctional Facilities. The National Institute of Corrections. ISBN   0-929310-40-3.{{cite book}}: CS1 maint: multiple names: authors list (link)
  2. Turner, Julia (25 August 2003). "How Protective is Protective Custody?". Slate. Retrieved 4 March 2011.
  3. Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 8 (2 ed.). Detroit: Thomson/Gale. p. 159. ISBN   9780787663674.
  4. Abdel-Monem, Tarik (2003). "Foreign Nationals in the United States Witness Security Program: A Remedy for Every Wrong". American Criminal Law Review. 40: 1235.
  5. "Tattoo in prison makes molester a marked man". IndyStar.com. 2006. Archived from the original on 2009-05-16. Retrieved 2009-05-10.
  6. Part four: The myth of "protective custody" Archived 2012-03-31 at the Wayback Machine – (Originally from Arrested justice: When LGBT people land in jail, article series on gay.com)
  7. Emergency Protective Custody: Checklist for Law Enforcement Officers Archived 2007-02-21 at the Wayback Machine (from the Children's Law Center, South Carolina, website)