Protective Custody - History of Starting PC Units

History of Starting PC Units

Early uses of protective custody started in the 1960s 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 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.

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. 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 before pursing their new lives on their own. Unfortunately these programs were abused by some drug dealers. Some dealers have been allowed to keep their narcotics-generated money and have avoided prison in return for testifying against others involved in drug trafficking.

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:

  • Those who are at high risk of being harmed or killed by other prisoners either for their crime or their group (ethnic or otherwise), such as pedophiles, child murderers / child abusers, corrupt police officers, gang members in a prison containing rival gang members or those who choose to "debrief" (provide information on their gang), or prisoners who are gay, transsexual, or transgender.
  • Offenders with notorious criminal activities on the outside who may not be prison-wise or who may be subject to pressure because of their notoriety.
  • Those criminals who are themselves witnesses to a crime, and might be harmed by other prisoners to either prevent them from speaking out, or for revenge.
  • Inmates nearing expiration of their sentences who are trying to avoid disciplinary infractions or other problems.
  • Corrupt public servants, including police officers, civil servants, people convicted of spying, doctors, council officers, etc.
  • Celebrities convicted of serious offences.

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