Snitching

Criminal Informant Law, Policy, and Research

Incentives & Payments

“Snitch” visa often promised but rarely given

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The National Association of Criminal Defense Lawyers (NACDL) produced this report “Shining a Light on the “S” Visa: A Long History of Unfulfilled Promises and Bureaucratic Red Tape.” An S-visa, sometimes referred to as a “snitch visa,” offers temporary residency status to immigrants who “are willing to supply…critical reliable information” to U.S. law enforcement. 8 U.S.C. § 1101(a)(15)(S).

The NACDL report reveals how often the government uses the S-visa to entice immigrants into becoming informants, sometimes at great risk to themselves and their families, even though almost none ever actually receive the visa. The phenomenon is sometimes referred to as the immigration relief “dangle.” See also this story from the Intercept: “Federal Informants are Often Promised Visas. They Rarely Materialize.”

Empirical study on federal drug cooperation

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Interesting new law review article on how federal defense attorneys (mostly CJA panel attorneys) perceive cooperation rates and opportunities for their (mostly) drug clients: Why Criminal Defendants Cooperate: The Defense Attorney’s Perspective. The authors surveyed defense counsel in three large federal districts (SDNY, EDPA, EDVA) and found, unsurprisingly, that cooperation is largely driven by the promise of sentencing benefits — precisely what federal mandatory minimums and the US Sentencing Guidelines are designed to do.

Perhaps more surprisingly, when the authors asked defense attorneys whether “cooperation agreements are the product of a fair process,” on a scale from 1 (completely disagree) to 9 (completely agree), the “average rating [was] 3.17. Such a low average indicates that federal defense attorneys who participated in this study felt that cooperation agreements are not the product of a fair process.” Even former prosecutors in the sample only gave the process 4 out of 9 for fairness. Recall that this study was performed in one of the most regulated, transparent, and lawyered arenas of cooperation: by hypothesis all the defendants in these cases were represented by experienced counsel who negotiated formal cooperation deals on their behalf in the relatively well-resourced elite space of the federal judiciary. Just imagine how much more unfair the cooperation process gets where police and prosecutors pressure vulnerable, unrepresented suspects to cooperate informally. For some particularly egregious examples, see this prior post: How police turn teens into informants.

ABC News: “A Necessary Evil: The Cost of Confidential Informants”

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This extensive investigation by KSAT ABC Channel 12 delves into the use of unreliable drug informants, planted drugs, lack of supervision, and a host of other debacles that led to the wrongful conviction of multiple people in San Antonio, Bexar County, Texas. You can watch the hour-long special here; for additional videos, interviews and resources, check out their Confidential Informant page.

This kind of large scale drug scandal happens more frequently than you might think. See these previous posts for additional examples in Florida, Tennessee, and Texas.