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(Committee to Protect Journalists (CPJ)) "After spending 85 days in jail for not giving up the name of source Lewis 'Scooter' Libby as part of the controversial CIA leak case in 2005, former New York Times reporter Judith Miller could say she has a vested interest in getting a federal journalism shield law on the books. Since leaving the Times, Miller has become an advocate for the shield law." (Schwab, Judith Miller: The Media Shield Law Is Long Overdue)
How have they protected or failed to protect them?
The whistle blower statutes are silent on basic issues in jurisprudence. The practice of the courts relying on precedents creates difficulty in the act because earlier established laws and precedents are what determine the outcome of the issue. There are many issues that are yet to be solved in the act in the United States. Following the U.S. laws, Puerto Rico too has identical set of problems. The U.S. legislature is attempting to create a uniform national whistle blower protection law, but attorney and litigants re still confused over the issue of fitting their case into the correct fold of the law. In the end the whistle blower is left with no protection at all. This lacuna has made it possible for criminal elements to destroy the whistle blowers who stood up against crime. There is now a maze of laws for whistle blowers. In Puerto Rico the law is embodied in the act. (Kohn, 377) Sen. Daniel Akaka or D-Hawaii proposed a bill to give whistle blowers greater protection. The 'Federal Employee Protection of Disclosures Act' comes after whistleblowers have suffered retaliation from employers because of their disclosures. The act now in place, namely the Whistle blower Protection Act 1990 passed to protect from retribution the civil servants who don not toe the line of their employers. (Shochat, 8)
This shows that there is a serious concern from the authorities to keep the confidence of those who are concerned with ethics in the society and who blow the whistle on a crime or illegal activity. The state protects such persons. However for the workplace dilemmas there is no answer specific to the whsle blowing a work place. That is a general act and it is just as effective in the country as anywhere else in the globe. Gierbolini, the deputy director special investigations says that Puerto Rico has taken the lead in protecting "victims of crimes and witnesses to secure their participation in criminal prosecutions." (Witness protection programs in America) "Our Statewide program is a comprehensive approach to protecting law-abiding citizens who want to do the right thing by cooperating with the authorities, even when it means bringing great fear and disturbance into their own life." (Witness protection programs in America) The government in 'Puerto Rico' believes that citizens willing to risk something to see criminals booked then the law enforcement must then ensure their safety. (Witness protection programs in America) The legal enforcement of laws that have been passed is being attended to in Puerto Rico with vigor. The case of the person in the U.S. like Judith Miller, there would have been more leniencies.
Puerto Rico has a very clear law regarding whistle blowers. The witness protection programs of the country are outstanding and functioning properly. The government of the country has exclusive witness protection programs that pertain especially to whistle bowers from the criminal section. The efficiency stems from the fact that Puerto Rico's legal system is completely unified. The victim and witness protection program and whistle blowers have greater protection. The state protects such persons because the government in Puerto Rico believes that citizen willing to risk something to see criminals booked then the law enforcement must then ensure their safety.
Alford, C. Fred. Whistleblowers: Broken Lives and Organizational Power.
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Committee to Protect Journalists (CPJ). Journalist Judith Miller released; CPJ relieved, but troubled by message in case. 30 September 2005.
Ethics.org. Office of Government Ethics of Puerto Rico Releases Survey on Employee Ethics.
Washington, DC. October 27, 2003.
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Supplemented by Recent Mexican Experiences. Free Press: Glencoe, IL, 1959.
Kohn, Stephen Martin; Kohn, Michael D; Colapinto, David K. Whistleblower law.
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Kohn, Stephen M. Concepts and Procedures in Whistleblower. Quorum Books.
Westport, CT, 2001.
Lewis, Gordon K. Puerto Rico Freedom and Power in the Caribbean. Monthly Review Press:
New York, 1963.
N.A. California Supreme Court Grants Whistleblower Protection. JD Journal, February 27,
N.A. Defining a Whistleblower: The Legal Precedents. CIR Web Exclusive Report. November 1,
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N.A. Witness protection programs in America. House of Representatives, Subcommittee on Crime, Committee on the Judiciary, Washington, DC. November 7, 1996.
Rost, Peter. The Whistleblower: Confessions of a Healthcare Hitman. Soft Skull Press,
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