Unfortunately, too many people are willing to lie and falsely accuse others of serious crimes. This happens for many reasons: perhaps as an act of revenge, to gain leverage, or sometimes for monetary incentives.

Our criminal justice system routinely uses paid informants and jailhouse snitches to help prosecute crime. While these witnesses are often criminals themselves, their testimony can yield accurate results. However, as innocence projects have discovered, informants sometimes implicate the innocent by fabricating evidence.

During a criminal trial, the prosecution is supposed to disclose any incentives that might influence such witnesses. This allows juries to evaluate the credibility of their testimony. Incentives are not limited to cash; jailhouse snitches can receive extra privileges in prison, reduced sentences, or favorable mentions during parole hearings.

Non-cash incentives are particularly difficult to track, and prosecutors may be unaware of them. This is especially true for unspoken or informal quid pro quos. In these arrangements, an informant might provide information in the hope that law enforcement will later reciprocate with favorable treatment, or to eliminate rivals by getting them arrested. In either scenario, no formal agreement exists, yet both parties understand the expected exchange.

Without a formal agreement, it is impossible to know how motivated an informant might be, leaving the jury without crucial information. Furthermore, when a case is weak, prosecutors sometimes rely on a jailhouse snitch to push the prosecution over the finish line. How weak a case is is rarely disclosed, so the jury remains unaware of how badly the prosecution may need that witness. As a result, innocent people can be convicted based on false accusations.

For more on this subject, tune into the episode above, hosted by Michael Semanchik and featuring California Innocence Project founder Justin Brooks, Assistant Public Defender Scott Sanders, and former investigator Detective Gregory McKnight.

Special thanks to our sponsor, Clio – Cloud-Based Legal Technology.

Written by:
Laurence Colletti