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首页> 美国政府科技报告 >Review of the Department's Use of the Material Witness Statute with a Focus on Select National Security Matters.
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Review of the Department's Use of the Material Witness Statute with a Focus on Select National Security Matters.

机译：审查该部门使用重要证人章程，重点是选择国家安全问题。

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摘要

The Department of Justice (Department) Office of the Inspector General (OIG) conducted a review of the Department's use of the federal material witness statute, 18 U.S.C. Section 3144, which provides for the arrest and detention of a person if his testimony 'is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena.' The review focused on the Department's use of the statute in international terrorism investigations during the years 2000-2012. We evaluated the cases of approximately 112 material witnesses detained during this period, from which we identified 10 investigations involving 12 individuals whose arrests appeared to raise questions regarding whether the Department was misusing the statute. The scope of our review included the conduct of Department personnel as well as the efficacy and sufficiency of applicable procedural safeguards. First, the review found that the Department used the statute in international terrorism investigations relatively rarely. We determined that the statute is far more frequently used in other scenarios, particularly to obtain testimony from undocumented aliens who have already been detained for deportation but whose testimony is potentially useful for alien smuggling prosecutions. During the years 2000-2012, terrorism cases represented a tiny fraction of the statute's overall use. Although the Department dramatically increased its use of the statute in international terrorism investigations during the period immediately following the September 11 attacks, more recent data reveal an equally stark decline in the use of the statute in such cases in recent years. In fact, according to records we reviewed from the Department of Justice National Security Division (NSD), no material witnesses were detained in international terrorism cases from 2004 through 2012.

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