a comprehensive resource on criminal informants: legal developments, legislation, news stories, cultural reactions, commentary and more....
Filed in Informant Law, Jailhouse Informants, Legislation
PermalinkSuch programs are made possible by federal forfeiture law, under which police departments can keep a percentage of seized assets. Because the legal standards for forfeiture are lower than for a criminal case, police can seize money and assets without having to prove anyone guilty. For a great overview of forfeiture law and its reliance on informants, see Radley Balko's article in Reason Magazine, The Forfeiture Racket. See also this report from the Institute for Justice: Policing for Profit.
Filed in Drug-related, Police
PermalinkNACDL is pleased to offer, as a resource for its members and as a service to the public, a collection of individual downloadable documents that profile the law and practice in each U.S. jurisdiction relating to relief from the collateral consequences of conviction. The 54 jurisdictional profiles include provisions on loss and restoration of civil rights and firearms privileges, legal mechanisms for overcoming or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. In addition to the full profiles, there is a set of charts covering all 50 states (plus territories and the federal system) that provide a side-by-side comparison and make it possible to see national patterns in restoration laws and policies. The information covered by the charts is summarized on the page for each jurisdiction. These materials will be an enormous aid to lawyers in minimizing the collateral consequences suffered by clients and in restoring their rights and status.
Filed in General Criminal Justice
PermalinkFiled in Drug-related, Families & Youth, Police
PermalinkFiled in Drug-related, Families & Youth
PermalinkProfessional informants are paid by law enforcement to infiltrate criminal or extremist circles, sometimes on a full-time basis. Yet they're not considered employees of the government and are not subject to the same rules. From warrantless searches to sex with targets to constructing terrorist plots out of thin air, the informant problem is not new, but this powerful investigative tool is under pressure like never before after being exposed to the harsh light of day in a series of recent terrorism trials. Growing media scrutiny and a pending civil lawsuit in California are aggressively challenging whether the benefits of aggressive informant tactics outweigh the risk to civil liberties and are raising troubling questions about the legitimacy of terrorism investigations.
Filed in Drug-related, Families & Youth, Police
PermalinkFiled in Drug-related, Families & Youth, Informant Law, Police
PermalinkFiled in Drug-related, Families & Youth, International
PermalinkFiled in Dynamics of Snitching, News Stories, Police
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PermalinkJefferson Circuit Court Judge McKay Chauvin told James Mallory in February that he wasn't a good choice to be released from prison on shock probation, given his criminal history -- and, in fact, the judge had already denied the request previously. But Chauvin nonetheless released him at prosecutors' request after Mallory came forward with what he called "bombshell" information in a letter offering the Jefferson Commonwealth's Attorney's Office evidence against several defendants in exchange for helping him get out of a nine-year prison term. Now, just two months later, Mallory is charged with murdering a 15-year-old boy.
Filed in Jailhouse Informants, News Stories
PermalinkFollowing the murder of Rachel Morningstar Hoffman--a 23-year old college graduate--Florida passed "Rachel’s Law," which established new guidelines for the police when dealing with confidential informants. Immediately prior to its enactment, lawmakers stripped Rachel's Law of key provisions. These provisions required police to provide a potential informant with an attorney before agreeing to any deal. Opponents of these provisions argue that they hamstring law enforcement agencies in their efforts to prosecute drug crimes. Rather than serving as an obstacle to effective law enforcement, the attorney provision in the original version of Rachel's Law enables efficient prosecution of crimes and protects minor drug offenders who may be unsuited for potentially dangerous undercover informant work. This Note recommends that the attorney provision be restored to Rachel's Law, and encourages other states to enact similar statutes.
Filed in Drug-related, Families & Youth, Informant Law, Legislation, Police
PermalinkDespite a history of abusing women and violent behavior in prison, Joshua Allan Jackson managed to become a federal informant, trigger a citywide Seattle police alert and hold a 18-year-old woman as his sexual prisoner.
Filed in Dynamics of Snitching, News Stories
PermalinkFor six months immediately following Hoffman's death, the department suspended the use of all CIs. For a long time, no one wanted to work narcotics cases, which often rely on informants, the chief said. "We had to be confident in our investigators that they were ready," [Chief] Jones said.Tallahassee is reminiscent of Los Angeles in the 1990s. After a massive grand jury investigation concluded that the jail was rampant with unreliable informants and that police and prosecutors were relying on them, the Los Angeles District Attorney's Office instituted significant changes. Today, it has some of the most rigorous regulations for the tracking and use of jailhouse informants in the country: Los Angeles County District Attorney's Office Legal Policies Manual.An audit of department confidential-informant files conducted about six months after Hoffman was killed found lax record keeping and noted areas of improvement. Personnel were moved, the vice unit was made a part the Criminal Investigations Division of a new Special Investigation Section and supervision was stepped up. Today, TPD's rules governing the handling of confidential informants mirror that of Rachel's Law, which was spearheaded by Hoffman's parents and provides some safeguards for vulnerable informants.
"I think we've got a very good policy now," Jones said. "We have elevated ourselves and are back in the lead and set the tone for the state."
Filed in Dynamics of Snitching, Families & Youth, Jailhouse Informants, Legislation, Police
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