Confidential informants (CIs) and jailhouse snitches are used by law enforcement to gather information and tips so suspects can be put behind bars. The practice of using these informants is not uncommon in the least. Unfortunately, there are some real problems with the custom:
- There are no reliable mechanisms in place to figure out if an informant (or a police officer) is telling the truth;
- When informants are used, they are offered tempting incentives to produce information.
- Police raids based on informant tips can be hyper-aggressive.
- Innocent people can get caught up in serious legal issues when named by an informant.
Regulation is Non-existent for CIs
Basically, the police have no rules when it comes to using informants. In fact, there have been many court cases that have concluded that law enforcement’s dependence on testimony from informants is not a Constitutional violation. Thus, the use of informants is a prime way to get the information officers are seeking. However, informants generally have pretty good incentives to provide false testimony, especially if providing the right tips could mean receiving a lesser sentence for their own crimes. On top of that, since many law enforcement organizations lack suitable control systems to address the issues associated with confidential informants, it is not far-fetched to imagine that an officer could manufacture a fictional CI to create the evidence needed to obtain a warrant or make an arrest. Sadly, innocent people have been killed in various police raids that were based on nonexistent confidential informants. That led to calls for better controls on the use of CI’s in a Congressional hearing on the matter, but no definitive changes in the law made it into practice.
Jailhouse Informants
Testimony from jailhouse snitches is unregulated as well, and therefore, the information gleaned from them is not necessarily unreliable. Even so, it has been used in myriad situations to put others behind bars. These informants generally get some sort of benefit in exchange for helping law enforcement, including:
- Having their own charges reduced or eliminated;
- Getting monetary compensation;
- Getting special privileges while they are incarcerated.
Unreliable Information
Informants may claim that a confession or details of a crime were shared by a defendant, or that they got second-hand information from other people. This is often true with cases that are high-profile or gang-involved, and police are under extreme pressure to solve the crime. But testimony from jailhouse informants often leads to wrongful convictions. In fact, estimates have the number of convictions that relied heavily on jailhouse snitches was later overturned with DNA evidence at nearly 20%. Unfortunately, this testimony frequently occurs without the defense team or the jury ever hearing about precisely what incentives were offered in exchange for damaging testimony. Since national standards relating to such testimony do not exist and there are no rules relating to the tracking and management of it, innocent people have lost their freedom time and again due to inaccurate and downright dishonest testimony.
The Defense You Deserve
The experienced, aggressive criminal defense attorneys at Boertje & Associates in San Diego always fight for the best possible outcomes for you. Confidential informants? Jailhouse snitches? We work to get to the bottom of it all. To discuss, schedule a confidential consultation today.