The new law, signed in April, requires stronger disclosures, tracking of jailhouse informants, and notifications to victims if an informant who harmed them receives leniency. The law is here, and the Innocence Project wrote about the problem here. Prior post here.
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Professor Robert Bloom on jailhouse informant expert testimony
Professor Robert Bloom is an expert on informants who has testified in numerous cases. He has now authored this article,What Jurors Should Know about Informants: The Need for Expert Testimony, Mich. St. L. Rev. (forthcoming 2019). Here is the abstract:
With the advent of DNA exonerations, the data would indicate that many individuals have been wrongly convicted. In looking at the causes of the exonerations, nearly 20% have involved testimony by accomplices and jailhouse informants. The questionable credibility of these individuals has long been recognized by courts and legislatures. Reforms in this area include, enhanced jury instructions, pre-trial credibility hearings, and corroboration before the testimony can be introduced.
This article argues the efficacy of expert testimony to further assist jurors in measuring the credibility of these witnesses. Although the use of experts has largely been disfavored by courts, there has been a gradual movement to use experts for eyewitness identifications, the major cause of exonerations. The article proposes a similar movement for informant testimony.
Professor Bloom is also the author of the book Ratting: The Use and Abuse of Informants in the American Justice System (2002).
Illinois enacts nation’s strongest law on jailhouse informant testimony
Last week, the Illinois legislature overrode the governor’s veto of Senate Bill 1830, which will enact the strongest law in the nation to prevent wrongful convictions based on false jailhouse informant testimony. The Illinois Innocence Project and the national Innocence Project supported the law, which was authored by Senator Michael Hastings (D-Tinley Park) and Rep. Art Turner (D-Chicago). Under Senate Bill 1830, Illinois will be the first state in the country to require judges to hold pre-trial reliability hearings before jailhouse informant witness testimony is admissible in murder, sexual assault and arson cases. In addition, the law requires prosecutors to disclose key evidence regarding jailhouse informant witnesses to the defense, including benefits provided in exchange for testimony, their complete criminal history, and their previous jailhouse informant activities. Illinois enacted these protections for capital cases in 2003; however, the law became moot when the death penalty was abolished in 2011.
Read more about the new law here.
posted by Michelle Feldman
Georgia prison official loses his job for objecting to informant program
The Atlanta Journal-Constitution reports that Georgia prison captain Sherman Maine was fired when he objected to a secret, off-the-books informant program being run in high security prisons in which informants were given cell phones. From the story:
“Maine said the secrecy of the program makes it impossible to know if the reward is worth the risk. ‘Now every stabbing becomes suspect,’ said Maine, 45. ‘We won’t know who’s an informant or not. They’re going to get someone killed, if they haven’t already.’ . . . Maine said [the program] reveals a lack of respect for human life while exposing the state to great liability. ‘They de-value human life to the point that it’s ridiculous,’ he said. ‘The state kept referring to (informants) as tools. They’re not tools, they’re people, and we have an obligation to protect them.’”
Maine is suing the Department of Corrections for violations of the Georgia Whistleblower Act.
Multimillion-dollar drug bounties for informants
Bloomberg recently explored the State Department’s Narcotics Reward Program which offers bounties for information on high-ranking drug traffickers: America’s Multimillion-Dollar Bounty Program Just for Drug Lords. As always, the program accepts the risk of rewarding and protecting serious, violent criminals in exchange for information about other potentially more serious, violent criminals. As the article notes, “[c]ritics of the government’s rewards programs warn that huge cash bounties increase cartel violence and encourage corruption among U.S. law enforcement personnel. But the program’s success is hard to dismiss, its proponents contend.” Other agencies, including the IRS and the SEC, offer large bounties to informants as well.