Michael H. Graham argues that to meet the problem of witness
intimidation squarely, the system must eliminate the possibility of
intimidation by preserving the victiM's or eyewitness's testimony
in a form admissible at trial. To do this, the legal profession
must develop procedures to preserve prior out-of-court statements
and to admit such statements as substantive evidence if the witness
is deemed sufficiently trustworthy. Finally, Graham advances a new
proceeding--the preservation proceeding--that would permit the
prosecutor to bring a witness before a judge, magistrate, or
specially appointed attorney for the express purpose of recording
and preserving the witness's testimony.
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