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Due-process rules regarding the disclosure of exculpatory and impeachment evidence apply to informant testimony. In Giglio v. United States, the U.S. Supreme Court held that “nondisclosure of evidence affecting credibility” of a witness falls within the due-process rule that prosecutors may not suppress “material evidence.” Giglio v.
The symbiotic relationship between informants and law enforcement agencies underscores the pivotal role they play in maintaining public safety and upholding the rule of law. This article aims to provide a comprehensive exploration of the use of informants in the United States’ criminal justice process.
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The Supreme Court has held that an informant’s identity may be kept confidential unless the identity of the informant is important to the defense case. In Roviaro v. United States, the Court recognized “the Government’s privilege to withhold from disclosure the identity of persons who furnish information of violations of law to officers ...
The utilization of confidential informants raises profound concerns regarding Fourth Amendment protections against unreasonable searches and seizures. Courts scrutinize the actions of law enforcement agencies to ensure that the use of informants does not violate individuals’ privacy rights.
- Information The Prosecution Has to Share with A Criminal Defendant
- Good Reasons For Secrecy
- Uncovering The Identity of A Confidential Informant
- "We Don't Even Know Who He is!"
- Use It Or Lose It
In a criminal case, the prosecution must disclose information that forms the basis of its case. This process is called discovery. A defendant is entitled to the names and statements of the witnesses that the prosecution plans to call, as well as a list of physical evidence and documents. The prosecution must also disclose any deal it has offered to...
The government has an interest in not giving up the identity of a confidential informant to a defendant or anyone else. After all, CIs provide the police information that can put people in prison, and they often legitimately fear retaliation. Courts have long recognized the importance of the confidential informant in solving crime. Police gain info...
The general rule is that the prosecution doesn't have to disclose the identity of a confidential informant. However, this rule has many exceptions; if a criminal defendant can show the importance of the CI's identity to the case, it may be possible to find out who's been talking to the cops. After a defendant has made a motion to reveal the identit...
The prosecution and police typically don't have to reveal the identity of an informant if they don't have it. So if they get an anonymous phone call detailing some of Joe's shady business activities and use this information as a lead to uncover Joe's dealings, Joe would be out of luck at trial in discovering the identity of the person who ratted hi...
There are two opportunities to find out the identity of a confidential informant: before and during trial. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). It can be an uphill battle to learn the identity of a confidential in...
Jan 19, 2021 · Updated January 19, 2021. A motion to compel disclosure of an informant is when the defendant in a criminal case petitions the court to require the police to reveal the identity of a confidential informant. If the informant is disclosed, the defense can seek to challenge the person’s reliability as well as any information or evidence derived ...
Jan 8, 2001 · Stay Informed. Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
