Using juvenile offenders as informants can be the opposite of rehabilitation: it keeps young people in contact with criminal networks and can exacerbate drug use and other dangerous behaviors. See this post on a Miami juvenile informant. But a new “restorative justice” approach in Texas offers a different model, in which juveniles charged with serious drug offenses are offered a chance at rehabilitation and skills training. Here’s the NYTimes article: New Home for Juveniles Recruited to the Drug Trade. Almost no states regulate the law enforcement policy of turning young people into informants (see Dennis, Juvenile Snitches); the Texas experiment reminds us that the juvenile system is first and foremost supposed to be rehabilitative.
NYT Magazine on the complexity of snitching
Some of you may remember Alex White, the Atlanta informant who revealed the police corruption that killed 92-year-old Kathryn Johnston. This Sunday’s NYT Magazine details the often unbelievable twists and turns of that saga, from Johnston’s shooting to White’s career as a snitch for multiple local and federal agencies, to the Congressional hearing and prosecutions that ensured. A great window into the police/informant world: A Snitch’s Dilemma.
Radio interview: Law & Disorder, WBAI-New York
Here’s an interview I did with the syndicated radio show Law & Disorder, hosted by Heidi Baghosian, Executive Director of the National Lawyers Guild, Michael Ratner, President of the Center for Constitutional Rights, and New York attorney Michael Smith: Law & Disorder, April 23, 2012, (about 9 minutes in).
In the news: released jailhouse informant accused in new murder
The Louisville Courier-Journal reports on a jailhouse informant who was released in exchange for his testimony. Two months later, he was charged in the murder of a 15-year-old. From the story:
Jefferson 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.
Law review article on Rachel’s Law
The Boston College Journal of Law & Social Justice has published this note, Toward Efficiency and Equity in Law Enforcement: “Rachel’s Law” and the Protection of Drug Informants. It focuses on an important provision in Rachel’s Law that was eliminated, that would have required police to provide potential informants with counsel. Here’s the abstract:
Following 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.