Snitching

Criminal Informant Law, Policy, and Research

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Guest blogger Professor Michael Rich

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I am very pleased to introduce Snitching Blog’s first guest blogger: Professor Michael Rich formerly at Capital University Law School and recently moved to Elon University School of Law. Professor Rich has written about the use of informants as a potential violation of the Thirteenth Amendment, which prohibits involuntary servitude. From the abstract:

Though active informants cooperate for many reasons, most assist the police out of fear that if they refuse, they will be subject to criminal prosecution or more severe punishment. This Article argues that by compelling these “coerced informants” to work under such a threat, the government violates the Thirteenth Amendment’s prohibition on involuntary servitude. As a doctrinal matter, compelling coerced informants to serve under threat of criminal sanction fits the Thirteenth Amendment’s definition of involuntary servitude. Moreover, the use of coerced informants offends the free labor principles that animated the passage and ratification of the Thirteenth Amendment and underlie the Supreme Court’s Thirteenth Amendment jurisprudence.

Link to article here: Coerced Informants and Thirteenth Amendment Limitations on the Police-Informant Relationship, 50 Santa Clara L. Rev. 681 (2010). Professor Rich will be here throughout August.

Huffington Post on the dangers of being a snitch

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Cameron Douglas (actor Michael’s Douglas’s son) got a lot of press for his drug conviction and his cooperation with the government, which apparently cut his ten year sentence in half. See also NY Post story here: Douglas ratted on dealers. Now the Huffington Post points out that as an acknowledged informant, Douglas “is likely to face a very tough time in prison.” From Anthony Papa’s (Drug Policy Alliance) post:

From my experience as someone who served 12 years in New York’s Sing Sing state prison — one of the most dangerous prisons in America — I know that Cameron Douglas is in a world of trouble. Once a prisoner is labeled as a “snitch,” their life in prison suddenly changes and is in immediate danger. In prison a snitch is frowned upon and is at the bottom of the hierarchy of prison life. Until this point, it seemed that Douglas was living a pretty comfortable life in the camp at Lewisberg. Minimum security institutions have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing. Douglas’s status will likely change as soon as his life is threatened. Once this happens, his entire world will turn upside down, and he will be transferred to protective custody.

Another jailhouse snitch drives a homicide investigation

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Today’s Akron Beacon Journal reports on new developments in the Neal Rankin murder case: “DNA results may give inmate a new trial.” The police had a lot of trouble identifying a suspect back in 1993–according to the commander of the homicide unit, they had “45 suspects the first day,” and murder charges were brought and then dropped against several defendants. Finally, over a year after the murder, the government charged Dewey Amos Jones with the crime based on an allegation from a jaihouse snitch that Jones had confessed to him. I include the story not only because it is yet another example of a shaky case built on compensated snitch testimony, but because it illustrates how powerful an informant’s allegations can be. Here, a jailhouse snitch got authorities to focus on Jones long after the crime, and without any direct evidence of his guilt. Jones is represented by the Ohio Innocence Project.

“It’s a matter of trust”: Philly Inquirer editorial on citizen cooperation

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From today’s Philadelphia Inquirer:

It’s no wonder that residents of some crime-infested Philadelphia neighborhoods are afraid to “snitch.” How can they expect protection from police who are in bed with drug dealers? All the assurance in the world that three officers, indicted for scheming to steal a drug dealer’s heroin and sell it, aren’t representative of most Philadelphia cops leaves open the question of whether there are others like them. . . . A necessary ingredient in effectively fighting crime is the trust of the community officers are trying to protect. You can’t have that when people believe cops are just crooks, too.

Rest of editorial here.

Federal witness killed after lawyer allegedly leaks his name

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The cycle of failure continues in Baltimore: last year an FBI drug informant was killed, this year a woman who authorities believe witnessed his murder is being charged with perjury and faces 30 years in prison for refusing to testify about it: Baltimore Sun story here. Kareem Guest was killed after a lawyer allegedly violated an agreement to keep Guest’s cooperation confidential. It’s worth noting that local media initially dismissed Guest’s murder as a routine street killing. As the Sun writes:

Guest, 31, was shot repeatedly in the head and chest on Sept. 20, 2009. In one of those familiar bloody Baltimore weekends, he was one of 13 people shot over two days — one more name on a burgeoning list noting the violence but saying virtually nothing of the circumstances. City police and the news media initially dismissed Guest as a routine victim, a man on probation for drugs, leaving the impression that he was killed, like many others, in some sort of petty dispute over heroin. The FBI knew better.

In cities like Baltimore, it is impossible to know how much street violence is associated with informants–crimes against them as well as crimes committed by them. That’s why I’ve argued that law enforcement agencies should start keeping track of and make public the extent to which urban crime is directly connected to snitching policies and practices.