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Criminal Informant Law, Policy, and Research

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Alexandra Natapoff

Jailhouse informants used threats to get confessions

June 14, 2018 by Alexandra Natapoff

This piece from Ted Rohrlich, who is now writing for Injustice Watch, chronicles the use of two Mexican Mafia informants in Southern California who sometimes threatened their cellmates to get them to confess.  The informants, whose work came to light as part of the Orange County snitch scandal, were paid over $300,000 over six years by law enforcement in multiple counties.  They also received numerous breaks and perks.  From the story “Miranda ‘loophole’: CA police use gang enforcers to win cellmate confessions”:

  “[C]onfessions did not always flow, and in several cases, court records show, the enforcers-turned-informants—like other Southern California jailhouse informants before them—resorted to death threats to provoke suspects to talk. They claimed suspects were on “green light” lists of inmates that Mexican Mafia leaders had ordered killed because they were believed to have broken a Mexican Mafia rule. But if they confessed—admitting the killing of which they were suspected but denying that they had broken the rule—the enforcers-turned informants could go to bat for them and have them removed from the lists.”

The constitutional law here is interesting.  In Illinois v Perkins, the Supreme Court held that the government can deploy jailhouse informants against incarcerated inmates to get confessions without Miranda warnings, as long as those inmates have not yet been charged with a crime.  But the Court also held in Arizona v. Fulminante that the use of threats to extort confessions can render those confessions involuntary in violation of due process.

This story also deserves attention because of who wrote it–no one knows jailhouse snitches like Ted Rohrlich does.  He was the Los Angeles Times reporter who broke a series of stories in the late 1980s about the rampant use of informants in the LA County jail.  That series helped trigger a ground breaking 1990 grand jury investigation which remains one of the most important sources for insights about jailhouse informant use. 

Filed Under: Informant Crime, Informant Law, Jailhouse Informants

Welcome legislative blogger Michelle Feldman

May 23, 2018 by Alexandra Natapoff

I am happy to announce that Michelle Feldman is joining the blog as co-curator of the legislation section.  Feldman is the Legislative Strategist at the Innocence Project and has been involved in numerous informant reform efforts across the country.  She is highly knowledgeable and will bring expertise and up-to-date insight to the blog.  We are lucky to have her!

Filed Under: Guest blogger, Innocence

Nebraska considered jailhouse informant reform

May 17, 2018 by Alexandra Natapoff

Earlier this year, Nebraska introduced legislation that would have enhanced protections against unreliable jailhouse informants, including reliability hearings, enhanced disclosure requirements, and mechanisms to keep track of the government’s use of such informants.  The text of the bill (which is currently on hold) is here; story in the Lincoln Journal Star is here. 

Filed Under: Innocence, Jailhouse Informants, Legislation

The developing science of informant cognition

May 5, 2018 by Alexandra Natapoff

Behavioral psychologists have been studying the informant phenomenon, especially the thorny question of why jurors believe unreliable informants even when they know that the informants have strong incentives to fabricate evidence.  Some of those studies can be found here in the Resources & Scholarship section.

A group of researchers recently published this study finding that information from an informant can affect other witnesses in a case. Specifically, the study found that eyewitnesses who identified suspects in a line-up actually changed their identifications after learning that a jailhouse informant had implicated a different suspect.  Here is the abstract:

“Prior research has shown that primary confession evidence can alter eyewitnesses’ identifications and self-reported confidence. The present study investigated whether secondary confession evidence from a jailhouse informant could have the same effect. Participants (N = 368) watched a video of an armed robbery and made an identification decision from a photo lineup. Except for those in the no-feedback conditions, all participants then read that certain lineup members either confessed to the crime, denied involvement, or were implicated by a jailhouse informant. Jailhouse informant testimony implicating the identified lineup member led participants to have significantly higher confidence in their identification. In contrast, jailhouse informant testimony that implicated a lineup member other than the identified led participants to have significantly lower confidence in their initial identification, and 80% of these witnesses changed their identification. These results indicate that jailhouse informant testimony can influence eyewitnesses’ confidence and their identification decisions.”

Preston M. Mote & Jeffrey S. Neuschatz & Brian H. Bornstein & Stacy A. Wetmore & Kylie N. Key, Secondary Confessions as Post-identification Feedback: How Jailhouse Informant Testimony Can Alter Eyewitnesses’ Identification Decisions, Journal of Police and Criminal Psychology (2018).

We already know that informant testimony can arise to bolster weak cases, providing corroboration for faulty forensic evidence or uncertain eyewitness identifications.  This new study suggests that in addition to bolstering, informant testimony can actually alter other witnesses’ testimony. 

Filed Under: Forensics, Jailhouse Informants, Science

Test your knowledge of jailhouse snitches

May 5, 2018 by Alexandra Natapoff

The Orange County scandal has kept public attention focused on the jailhouse informant phenomenon.  This quiz published in The Marshall Project assembles some dramatic examples, and reminds us of the wide variety of benefits that informants receive, how little regulation the Supreme Court has imposed on the practice, and how easy it is for informants to collude with each other.

Filed Under: Jailhouse Informants

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