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Discussion: Informants
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1. What is it about the way our (state and federal) criminal legal systems are structured that creates incentives for false testimony by informants?
2. What if anything can be done by police, prosecutors, defense attorneys or judges to change these practices? Is the problem inherent to the system and the work that it does?
Weekly Reflection/Reaction Paper
Each week, students must complete a class preparation paper, which should include (1) a short reaction to the reading, highlighting its argument, major themes and your thoughts/analysis about points raised (please note, you can also use this space to engage the reading creatively through poetry or spoken word); (2) at least three quotes from that reading; (3) at least three questions about that reading. It is estimated that each daily class preparation will be 1-2 typed pages.
Needs to reply to Sarah
law enforcement have informants in Mass as a cop you have to prove your informant is reliable, this usually starts off with a person being caught for let’s say drug possession and the cop says hey I will charge you with XYZ but if you want I can tell the DA to lessen the charge if you let me know of any local drug dealers. As a little time goes by the “informant” comes into the station they talk and papers are signed. At this point the informant needs to prove himself that he is reliable, he relies information about people he knows who sells drugs, the cop asks when is the next time you will buy off said person, the next time you do the cop gives you money pats you down prior to making the “Deal” and then it happens, you bring the drugs back to the cop. The more reliable you are to law enforcement the better, it is a reward system you help the CJS in hopes that the CJS will help you in return for the cases they have against you; in some cases people will provide false testimony because their mindset is focused on my charges will be dropped the CJS has “got me” but in reality if you give law enforcement crappy information you can expect a crappy outcome. For those who actually want to help out and get drug dealers off the street is a benefit because it helps not only themselves but those who are also fighting a possible addiction or know someone. As an informant being reliable can be worthy enough that relaying other information about criminal activity to law enforcement would entice them to go and get a search warrant or whatever the case is for this activity.
I think that there is always a potential to tell false information but its also important to establish informants veracity and basis of knowledge corrobrating their story, I’ve been told by cops that I know that these informants these peoples deal in half truths and that there is no need to ever change the system of informants that law enforcement and all of the CJS have going on because its works perfectly, there is no other way.
Needs reply to Tyler
Giving a false testimony is a crime and happens when an induvial willfully and knowingly makes a false statement about a fact under oath. Giving a false testimony is something that is very immoral but can happen very easily. Our legal system allows for deal and incentives to be cut for criminals. These criminals may be given the opportunity to be an informant for the local law and enforcement and feel that if they give law enforcement exactly what they want then maybe a dela can be cut where they will not have to swerve their full time. It’s a risk reward play however though because being an informant or a “snitch” can easily get somebody hurt. This is something that I don’t believe can be fully prevented and stopped because some people will do whatever they can if they feel it could be beneficial. There will always be conversations done beyond closed doors, it just come down to more attention being paid to the facts that are being stated during a testimony in hopes of catching a lie or false accusation.
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