According to published statistical information on crime in the Cayman Islands, approximately 30,000 incidents are reported to the police each year. However, none of these “incidents” are recorded as crimes until evidence is presented, witnesses are taken, and the case comes to a conclusion, usually in the form of a conviction of the criminal. Unfortunately, some of these incidents go unsolved or cannot be proven as crimes because the police cannot get witnesses to talk. In some cases, witnesses are scared or scared. In other cases, they simply do not want to help the police.
INTIMIDATION
Intimidation can come in the form of phone calls, emails or letters to a victim or witness. It can also be expressed through physical gestures by the criminal (see, appearing in the courtroom where the witness has to testify or driving by the home of the victim or the witness), which, even if they do not further translate into actual contact with a witness or victim, causes fear in the witness or victim, resulting in not testifying or giving evidence.
To put intimidation in numbers, a study on witness intimidation published in The University of Chicago Press said:
A survey of Bronx courthouses in 1988 found astonishing levels of intimidation: 36 percent of victims and witnesses said they had been threatened, 57 percent of those who had not been explicitly threatened feared retaliation, and 71 percent of witnesses said they would feel threatened if the defendants were released on bail.
Years later, in 2019, U.S. Congressman Elijah E. Cummings (both D-Md.), in the process of introducing the Witness Safety and Protection Grant Program Act of 2019, indicated that this type of threat was ongoing .
Congressman Cummings said:
Without witnesses who feel safe working with police officers, the wheels of justice grind to a grinding halt. Witness intimidation remains a significant challenge across the country, and we’ve seen people intimidated and even killed in Baltimore for trying to help bring justice.
Bringing the focus back to Cayman, witnesses or victims in Cayman may have a valid fear not only of what may happen to them in relation to a pending case and being brought to court, but also what harm may come to them or their families if the suspect is released on parole or released from prison after only a short time in prison. In these cases, the criminal may seek revenge, which is often a risk some witnesses are unwilling to take.
Lack of trust in law enforcement
Separate and apart from how a criminal might retaliate, some people are simply concerned about the confidentiality of their statements to the police. In this regard, opinion members say that confidentiality may be at risk because in some cases the suspect learns that the witness has given a statement, which can only happen if the witness tells the suspect that he or she has given a statement to the police or someone close to the police informs the suspect.
In other cases, members of the public say their lack of trust in the police has increased because they have brought issues to the attention of law enforcement in the past, but the police are either slow to deal with cases or perceived. by community members to completely ignore concerns. In many of these cases, the police have tried to explain that there is a process involved that needs to go through, that it takes time, or that there are simply not enough resources (ie they are understaffed or there is no money left in the police budget) to deal with everything at once.
How can he get things back from the police
Police in Cayman have made efforts to improve trust and confidence in law enforcement by engaging more in community activities and getting to know residents individually. This takes the form of community meetings where the police attend, listen to residents’ concerns and provide updates on actions taken or proposed to resolve issues. In other cases, the police organize basketball tournaments with the youth where they have the opportunity to interact with the most vulnerable members of the community and help them on the right path.
Other ways the justice system can help
Regarding the criminal justice system and the protection of witnesses to crimes in communities, the United Nations Office on Drugs and Crime (while commenting on Member States) states that “victims who receive appropriate and adequate care and support are more likely to cooperate with the criminal justice system in bringing the perpetrators of the crime to justice.”
The United Nations Office on Drugs and Crime further added that:
See also
All criminal justice systems have a duty to establish procedures to ensure measures for the protection of persons whose cooperation with the criminal justice system in an investigation or prosecution puts them, or persons closely associated with them, at risk of serious physical or emotional danger. damage Such measures may include:
Pre-trial and trial assistance to cope with psychological and practical barriers to testifying Pre-, during and post-hearing or trial safeguards for “at risk” witnesses Court procedures to ensure witness safety while testifying A secret witness protection program
However, the United Nations Office on Drugs and Crime was careful to note that the challenges “in providing assistance and protection to victims and witnesses of crime are compounded when such organized crimes are also transnational”.
Adequate witness protection measures may exist in one country, but fail to protect them from threats present in others for lack of cooperation mechanisms. This transnational challenge highlights the need for a higher degree of international cooperation.
The United Nations Office on Drugs and Crime explained.
So even if a Caymanian witness is transferred overseas to await trial, the witness may still be exposed to harm if the criminal has overseas contacts and learns of the witness’s whereabouts through overseas organized crime contacts.
Anonymous tips to the police
Given the above challenges, police in Cayman often encourage members of the public to submit anonymous tips if they do not want to appear in person to give a statement. These tips can be given directly to the police via the confidential police tip line at 949-7777 or via the RCIPS website at https://www.rcips.ky/submit-a-tip. By giving an anonymous tip, you can bring a matter to the attention of the police and help them prevent a crime or find a criminal without experiencing fear or intimidation.
