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Anonyma vittnens påverkan på rättssäkerheten: upplevda problem, motstånd och förändringsbehov till ett eventuellt införande utifrån yrkesgrupper inom rättsväsendet

Kosik Sulaiman, Dylan LU and Zeitooni, Marjan LU (2015) RÄSK02 20151
Department of Sociology of Law
Abstract
The media’s portrayal of the witness during court proceedings is putting the witness at risk for threats. This has led to the witness not wanting to testify, especially as the case concerns organized crime. It is an age old debate where intimidated witnesses are a concern for the legal system, and people’s human rights in general. The debate is complex as the use of anonymous witnesses goes against parts of the European conventions article 6, the right to a fair trial. This could possibly have catastrophic consequences for the legal security. Even so in the last ten years our neighboring countries have the possibility to use anonymous witnesses and Denmark ranks highest on the list of countries with a high level of legal security.
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The media’s portrayal of the witness during court proceedings is putting the witness at risk for threats. This has led to the witness not wanting to testify, especially as the case concerns organized crime. It is an age old debate where intimidated witnesses are a concern for the legal system, and people’s human rights in general. The debate is complex as the use of anonymous witnesses goes against parts of the European conventions article 6, the right to a fair trial. This could possibly have catastrophic consequences for the legal security. Even so in the last ten years our neighboring countries have the possibility to use anonymous witnesses and Denmark ranks highest on the list of countries with a high level of legal security.
By way of qualitative interviews, this report aims to highlight problems experienced by professionals, eventual opposition and changing needs of how the introduction of anonymous witnesses can affect the Swedish rights system. The report will attempt to see both pros and cons with eventual shifts in law and how the Swedish justice system will be affected from the professional’s experiences and opinions. Professionals within the legal system such as the police, lawyers and prosecutors have shared their experiences and opinions surrounding the issue of witnesses being threatened. They have shared how an eventual introduction would affect the Swedish rights system via qualitative interviews. Questioning explained even via the theory normalization of the exceptional.
The introduction of anonymous witnesses is an issue which undeniably encompasses the security rights question. The difference in opinion and experiences between professionals is separated by the issue depending on how one sees the aforementioned rights of the witness. This also concerns how the definition of legal security looks amongst professionals. It differs between legal security from a rule of law perspective and legal rights for the private individual. (Less)
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author
Kosik Sulaiman, Dylan LU and Zeitooni, Marjan LU
supervisor
organization
course
RÄSK02 20151
year
type
M2 - Bachelor Degree
subject
keywords
willingness to witness, anonymous witnesses, legal security, threat level, normalization of the exceptional
language
Swedish
id
5470675
date added to LUP
2015-06-25 11:56:29
date last changed
2015-06-25 11:56:29
@misc{5470675,
  abstract     = {The media’s portrayal of the witness during court proceedings is putting the witness at risk for threats. This has led to the witness not wanting to testify, especially as the case concerns organized crime. It is an age old debate where intimidated witnesses are a concern for the legal system, and people’s human rights in general. The debate is complex as the use of anonymous witnesses goes against parts of the European conventions article 6, the right to a fair trial. This could possibly have catastrophic consequences for the legal security. Even so in the last ten years our neighboring countries have the possibility to use anonymous witnesses and Denmark ranks highest on the list of countries with a high level of legal security.
By way of qualitative interviews, this report aims to highlight problems experienced by professionals, eventual opposition and changing needs of how the introduction of anonymous witnesses can affect the Swedish rights system. The report will attempt to see both pros and cons with eventual shifts in law and how the Swedish justice system will be affected from the professional’s experiences and opinions. Professionals within the legal system such as the police, lawyers and prosecutors have shared their experiences and opinions surrounding the issue of witnesses being threatened. They have shared how an eventual introduction would affect the Swedish rights system via qualitative interviews. Questioning explained even via the theory normalization of the exceptional.
The introduction of anonymous witnesses is an issue which undeniably encompasses the security rights question. The difference in opinion and experiences between professionals is separated by the issue depending on how one sees the aforementioned rights of the witness. This also concerns how the definition of legal security looks amongst professionals. It differs between legal security from a rule of law perspective and legal rights for the private individual.},
  author       = {Kosik Sulaiman, Dylan and Zeitooni, Marjan},
  keyword      = {willingness to witness,anonymous witnesses,legal security,threat level,normalization of the exceptional},
  language     = {swe},
  note         = {Student Paper},
  title        = {Anonyma vittnens påverkan på rättssäkerheten: upplevda problem, motstånd och förändringsbehov till ett eventuellt införande utifrån yrkesgrupper inom rättsväsendet},
  year         = {2015},
}