Connecticut’s Material Witness Law: Sacrificing the Personal Liberty of the Innocent Witness on the High Altar of Justice

Abstract

The need to protect the innocent from arrest and incarceration should be self-evident. Connecticut, like many states, permits prosecutors to request the arrest and incarceration of innocent witnesses to crimes in order to ensure their testimony at trial. It’s 115-year-old statute had rarely been examined by its Courts – and has no provisions to balance the prosecution’s need for a witness’ testimony with the witness’ liberty interests or the defendant’s due process right to testimony untainted by coercion. This article examines Connecticut’s statute, discusses cases concerning the rights of witnesses and the defendant, and considers psychological research into false confession and false accusations that might lead an innocent witness to say whatever he or she believes will most quickly lead to their release. It proposes changes to the statute, along the lines of New Jersey’s reforms to its law in the 1980s.