The Role of Witnesses in the Criminal Justice Process
The delay in carrying out the execution isn’t unusual in capital punishment cases. This editorial addresses the important role of witnesses in such cases, not capital punishment itself. The few minutes of an execution that witnesses are allowed to see cannot give them — or us — an adequate understanding of the process and its meaning.
This article examines the pivotal role of witnesses in the United States criminal justice process. Commencing with an exploration of the initial investigative phase, the discussion delves into the crucial interaction between witnesses and law enforcement, emphasizing the significance of timely and accurate statements.
What should witnesses to executions see if they are to bear witness to the death penalty? At what point has a witness seen an execution in full, and by that seeing, held officials accountable for a punishment carried out in the name of the larger society? We identify the key elements of an execution and discuss ways to provide execution witnesses with a reasonably full appreciation of this.
Linders research explores how family members of victims bearing witness to executions has transformed the process of the execution as well as its audience. How can we account for this recent transformation of the execution and its audience and what are the consequences of this change for understanding executions specifically, and capital punishment more generally, writes Linders. I argue that…
The witness room facing the execution chamber at the Southern Ohio Correctional Facility in Lucasville, Ohio, where Charles E. Coulson saw the executions of two men. Amherst professor Austin Sarat argues that there should be a constitutional right to counsel throughout the execution process, particularly given the frequency with which serious errors occur during that time. Professor Sarat calls upon courts to recognize that the execution process is a “critical stage” of a criminal proceeding deserving the defendant’s right to legal representation.
Every state that performs executions has legislation providing for certain people to witness them. State laws vary as to who is allowed to watch an execution, but in general, these are the people who are allowed to be witnesses:
Introduction
Witnesses play a paramount role in the intricate tapestry of the criminal justice process, serving as crucial contributors to the establishment of facts and the pursuit of truth. Their testimonies can shape the outcome of legal proceedings, influencing the determination of guilt or innocence. Recognizing the pivotal significance of witnesses, this article sets out to explore the…
