ANSWERING QUESTIONS OF WITNESS HARASSMENT/VICTIM INTIMIDATION in a criminal investigation
ANSWERING QUESTIONS OF WITNESS HARASSMENT,
VICTIM INTIMIDATION, in a criminal investigation
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HARASSMENT DEFINED: covers a variety of behaviors that are
offensive in nature. It is commonly understood as behavior that
demeans, humiliates, and or intimidates a person. In a legal sense,
these behaviors appear as disturbing, upsetting and threatening
to witnesses in a criminal cases. Examples would include showing
up at witness's place of business for the sole purpose of
one of the above intentions. It can also be the doxxing of victim's
personal information; ie, home address to the entire internet. To
doxx witnesses addresses, and places of employment, and
additionally ENCOURAGE, INCITE, or DIRECT other non-involved
parties to participate in this behavior. Lastly, an example would
be obtaining the personal cell phone data/number, belonging
to a victim, and initiating UNWANTED contact for the sole purpose
of HARASSMENT OF A WITNESS.
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TYPES OF HARASSMENT
1. ELECTRONIC: unproven belief that you can use the computer,
ie, via email to contact witnesses who have no interest in
being contacted.
2. LANDLORD: the willing creation by landlord and agents,
conditions that are uncomfortable for one or more tenants
to induce the abandonment of a contract.
3. ONLINE: obscenities, derogatory comments about witnesses
4. POLICE: unfair treatment by local officials with threats of
excessive force, threats, and or coercion.
5. POWER: unwelcome attention of a political nature ,
often when a witness is harassed by and through their employer
by a third party. Attempting to assert influence over a witness's
job/fidelity.
6. PSYCHOLOGICAL: humiliating, intimidating, and abusive
behavior which is sometimes difficult to detect. Name calling,
voicemails, threats, constantly endured by witnesses can cause
incredible torment in people's individual lives
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WORDS AND DEFINITIONS DEFINED
1. HARASSMENT: repeated, continued UNWANTED contact that
serves no useful purpose outside of causing alarm, annoyance,
or emotional distress.
2. WITNESS TAMPERING: act of attempting to improperly
influence, alter, or prevent testimony of a witness.
3. WITNESS INTIMIDATION: can take many forms and arise in
many contexts. Its presence and efforts are not always
self-evident. DEFINED: Anything done with the intention or
purpose of preventing/altering witness testimony to law
enforcement. Overt threats of any kind, violence, implied threats,
threats, emotional manipulation.
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HOW DOES SOMEONE HARASS, TAMPER, OR INTIMIDATE?
Explicit or implied threats with the goal of sending any
type of written or otherwise, "message" to the victims/witnesses.
This is done by and through the following:
-physical assault
-emotional/psychological threats
-economic threats (threats to have someone fired from job)
-abusive legal tactics
-Show of Force; often SOLIDARITY with the offender @ court
proceedings or on social media (bullying, disseminating
information that is protected and discoverable)
-STALKING: driving by a victim or witnesses's home as well
as "tracking" a witness.
-vandalism (ie, keying car)
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WHO COMMITS CRIMES OF HARASSMENT, TAMPERING,
AND INTIMIDATION?
Most intimidation is committed by the offender against
witnesses; be it directly or indirectly. Intimidation tactics of
those supporting the offender are most common. All of their
behavior is done in an effort to avoid consequences. They may
enlist friends and family to also engage in intimidating behavior.
Targets are not limited to victims themselves. This also includes
threats made to witnesses, their family, friends, or other.
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WHERE DO CRIMES OF HARASSMENT, TAMPERING, AND
INTIMIDATION OCCUR?
Often there is a tie in of some domestic violence component.
People who engage in repetitive and offensive behavior (ie DV)
, try to put fear into the witnesses to discourage their testimony.
Intimidation may escalate during pre-trial-period; meaning the
harasser has more time to pressure witnesses and may add
pressure to the trial itself. Witnesses can be accounted on the
way to court, or even while they are on the stand.
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WHY DO PEOPLE HARASS, TAMPER, AND INTIMIDATE
WITNESSES?
It is always an effort to avoid consequences from criminal
activity. The aim may be to dissuade a specific witness or
witnesses from reporting or testifying, to pressure a witness
to recant, to keep a witness from testifying, or alter previous
accounts given by witnesses.
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ADDITIONAL CONSIDERATIONS
The Criminal Justice System itself is intimidating to most
victims and witnesses to begin with. Especially those vulnerable
as a result of crime-related-trauma, those who live in
communities where there is distrust of the police.
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HELPFUL PRACTICES
1. Providing safe transportation to police stations or to court
2. Providing access to advocacy and other services
3. temporary relocation of victim or witnesses if necessary
4. the forbidding of MISLEADING CONDUCT on behalf of
the harasser/jail time
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SOME CONCLUSIONS
Many people refer to themselves as "social justice warriors",
go "real life" in stranger's personal lives, show up at their
property only to hurl insults or incite fear. Not only are all these
crimes CLEARLY, ILLEGAL, it is important to point out that
these CRIMINAL OFFENSES that one chooses to engage in,
knowing the penalties in doing so, that accountability falls
directly on the person/self labeled "journalist" involved in
said behavior. It is important to distinguish here, what
journalism entails, and what is permissible, ethical, etc.,
and repetitive acts of harassment, with an entirely different
agenda. "JOURNALISTS" do not harass others, they protect
sources, they do not lie, and they do not cross over into
committing crimes as laid out above. Engaging in these behaviors
under the guise of "journalism" is playing out in our court systems
even today. Some self-titled "journalists", think they have no
limits, boundaries, upon their behavior, and repeatedly cross
the line; ending up with criminal charges that hold years in prison
if convicted. Do not confuse those calling themselves journalists,
with those who have an alternate agenda; be it to being attention
and wealth to themselves, to assist the perpetrator in their
defense, or general bad behavior, optics, and ethics. Journalists
have professionalism and integrity and quite simply do not
engage in any of above detailed behavior as IT IS NOT PROTECTED
BY ANY ARGUMENTS OF FREE SPEECH. IT IS HARASSMENT.
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