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Ashcroft, John. "The Attorney General's
Guidelines Regarding the Use of Confidential Informants." No Date.
[www.Fas.org/irp/agency/doj/fbi/dojguidelines.pdf].
Abstract: The purpose of these Guidelines is to set policy regarding the
use of Confidential Informants, as defined in this paper, in criminal investigations
and prosecutions by all Department of Justice Law Enforcement Agencies and
Federal Prosecuting Offices, as defined in this paper.
Beckwith, R. J. and Tod W. Burke. "Using Informants." Law &
Order (August 2000): pp. 109-10.
Abstract: Informants are and have been, an important factor in many drug
trafficking situations and have been aiding law enforcement for centuries.
Because of the informants and the value of their information, many crimes
that may have gone undetected have resulted in arrests.
Billingsley, Roger, et al. Informers: Policing, Policy, Practice. Portland,
OR: Willan, 2001. Call Number: HV 8073.I54 2001
Abstract: The first book of its kind on informers in Britain, providing
an invaluable source of information and analysis from key authorities
in the field, both academic and practitioners.
Bloom, Robert M. Ratting: The Use and Abuse of Informants in the American
Justice System. Westport, CT: Praeger, 2002. Call Number: KF 9665.B58
2002
Abstract: This book will explore the use and, for that matter, the abuse,
of informants in a variety of settings and with diverse motivations. Each
informant has one salient feature: He/She provides information to the
government, which in some way helps the government to investigate people
whom they wish to prosecute.
Careless, James. "Informants Solve Crimes." Law & Order
(December 2002): pp. 52-55.
Abstract: Sharing information is one of the most effective crime-fighting
tools available; however, that information must be accessible in a fast,
timely manner. This is why information sharing has become both a top priority
for police departments--and a major headache.
Cohen, Joel. "When Prosecutors Prepare Cooperators." Cardozo
Law Review (February 2002): pp. 865-71. Notes: Available full text on
Westlaw.
Abstract: This commentary will demonstrate the various pitfalls involved
in "debriefing" a cooperating witness and address proposed changes
that will help prepare prosecutors for the cooperating witness too anxious
to "please."
Drumond, Rob. "Florida V. J.L.: Phone Calls, Guns and Searches."
American Journal of Criminal Law (Summer 2000): pp. 415-20.
Abstract: In "Florida v. J.L." the Supreme Court revisited the
problem of anonymous tips explored in "Adams v. Williams" and
"Alabama v. White." The court held unanimously that, absent
evidence corroborating the anonymous informant's charge, an allegation
of possession of a firearm in and of itself does not provide officers
with the requisite reasonable suspicion to stop and frisk a suspect.
Eichenwald, Kurt. The Informant: A True Story. New York: Broadway, 2000.
Call Number: HV 8144.F43E53 2000
Abstract: A page turning real-life thriller that features deadpan FBI
agents, crooked executives, idealistic lawyers, and shady witnesses with
an addiction to intrigue. This book tells an important and compelling
story of power and betrayal in America.
Fishman, Clifford S. "Informant Credibility and Evidence of Cooperation
in Other Cases." American Journal of Trial Advocacy (Fall 2002):
pp. 363-84. Notes: Available full text on Westlaw.
Abstract: The prosecutor calls an informant as a witness. Her carefully
prepared questions elicit in damning detail how-according to the informant-the
defendant eagerly participated in the crimes charged in the indictment.
On cross, defense counsel goes into full attack mode, covering the informant's
prior convictions, his other unsavory and untruthful acts, and the informant's
reasons for cooperating with the police--money, a break on his own case
or both. To rehabilitate the informant, the prosecutor wants to elicit
testimony from police officers about the many cases the informant has
helped them make and how truthful he has always been in the process. To
what extent should she be allowed to do so? And once she does, what can
defense counsel do in response? This article discusses the law and tactics
of the situation.
Glover, Penelope R. "Re-Defining Friendship: Employment of Informants
by Police." University of Colorado Law Review (Summer 2001): pp.
749-77. Notes: Available full text on Lexis/Nexis.
Abstract: Due to the distasteful yet vital nature of employing informants,
a discussion of informants is not complete without an examination of the
advantages and disadvantages of police employment of informants. The first
part of this paper discusses the positive aspects of utilizing informants,
while the second part presents some of the disadvantages.
Hanson, Leigh. "Psst! Janie's Got a Gun: Anonymous Tips and Fourth
Amendment Search and Seizure Rights in Schools." Georgia Law Review
(Fall 2002): pp. 267-94. Notes: Available full text on Wilson Web.
Abstract: This article addresses the issue of anonymous tips in the school
context and how acting on those tips may affect students' search and seizure
rights under the Fourth Amendment.
Harris, George C. "Testimony for Sale: The Law and Ethics of Snitches
and Experts." Pepperdine Law Review Vol. 28(2000): pp. 1-72. Notes:
Available full text on Westlaw.
Abstract: The proposals advanced by this article attempt to neutralize
the pressures for bias and perjured testimony by making the selection,
preparation, and compensation of paid witnesses more bilateral, neutral
and transparent. They do so through relatively simple, largely self-executing
measures that would not require pro-active court management or extensive
additional court supervision. With regard to cooperating witnesses, they
would even the playing field between prosecution and defense and reduce
the pressure for cooperating testimony to be skewed in favor of the prosecution.
While allowing for continued compensation to witnesses in these two contexts,
procedures of the kind proposed here would help to curb the excesses of
the current regime of testimony for sale.
Hendrie, Edward M. "Consent Once Removed." FBI Law Enforcement
Bulletin (February 2003): pp. 24-32.
Abstract: An overview of arrest and search, which is an important factor
in understanding the "consent once removed" exception to the
search warrant requirement. Law enforcement officers are able to enter
the premises of a suspect without a search warrant or an emergency in
certain cases--an informant or undercover officer has entered earlier
at the invitation of someone with authority to give consent; the informant
or undercover officer makes probable cause to arrest or search while inside
the premises; or they immediately call for help from other officers.
Hight, James E. "Working With Informants: Operational Recommendations."
FBI Law Enforcement Bulletin (May 2000): pp. 6-9.
Abstract: Informants can provide valuable information, but if not handled
appropriately, they can create problems for law enforcement agencies that
use them. Steps that can be taken to enhance the cohesiveness of the officer-informant
relationship while producing the necessary information essential to successful
investigations are discussed.
Janzen, Sandra. Asset Forfeiture: Informants and Undercover Investigations.
Washington, DC: Bureau of Justice Assistance, 1990. Call Number: J 26.29:13
Abstract: Informants and undercover investigations play critical roles
in helping law enforcement agencies identify, seize, and forfeit property
that is used or intended for use in the commission of a crime, property
purchased with the proceeds of a crime, and enterprise interests acquired
or conducted through racketeering. The use of informants in asset recovery
involves both criminal and noncriminal informants and debriefing. The
success of undercover operations in asset recovery depends on networking
with other law enforcement agencies, sharing forfeited property, and seeking
private sector support.
Kash, Douglas. "Rewarding Confidential Informants: Cashing In on
Terrorism and Narcotics Trafficking." Case Western Reserve Journal
of International Law (Fall 2002): pp. 231-44. Notes: Available full text
on Wilsonweb.
Abstract: This article focuses on a few of the different reward mechanisms
for information relating to acts of terrorism and narcotics trafficking,
and explains the process of each program. Since most law enforcement agencies
have their own reward programs, this article will focus on the reward
programs of the Department of Justice, Drug Enforcement Administration,
and the Department of State.
Kash, Douglas A. "Hunting Terrorists Using Confidential Informant
Reward Programs." FBI Law Enforcement Bulletin (April 2002): pp.
26-31.
Abstract: Rewards for information involving terrorism were established
by the 1984 Act to Combat International Terrorism. Excluding government
employees acting within the scope of their official duties, an individual
is entitled to a reward up to $500,000.
Lehr, Dick. Black Mass. New York: Public Affairs, 2000 Call Number: HV
6452.M4L45 2000
Abstract: Explores the Bulger Case of the 1980s involving criminal cooperation
between the U.S. Federal Bureau of Investigation (FBI) and organized crime
in Boston, MA. Court records and secret FBI files reveal a pattern of
extortion, drug dealing, and murder by FBI informants who were also Irish
mobsters and corrupt FBI agents.
Levenson, Laurie L. "Use of Confidential Informants Is Tricky Business."
New Jersey Law Journal (June 2002): pp. 33, 36. Notes: Available full
text on Infotrac.
Abstract: It is frequently the case that jurors are not apprised of reasons
why an informant might be unbelievable.
Luger, Jack. Snitch: A Handbook for Informers. Port Townsend, WA: Loompanics,
1991. Call Number: HV 8080.U5L84 1991
Abstract: In this book, the author tells what information is valuable,
how to gather it, and how to sell it. He details how crooks negotiate
their way out of prison sentences, how cops treat informers, and how to
avoid being finked-out.
Mallory, Stephen L. Informants: Development and Management. Incline Village,
NV: Copperhouse, 2000. Call Number: HV 8073.M24 2000
Abstract: Provides the investigator, the educator, and law enforcement
agencies with guidance and examples of both effective and ineffective
informant development and management. Examples of policy, procedure, and
documentation of informant management are included.
Morris, Jack. Police Informant Management. Loomis, CA: Palmer Enterprises,
1989.
Call Number: HV 8073.M581 1989
Abstract: Stresses the importance of training in informant use for officers
and the need to guard against using labels that unintentionally demean
information contributors.
Nugent, Hugh, et al. Managing Confidential Informants. Washington, DC:
Bureau of Justice Assistance, 1991. Call Number: J 26. 30: IN6X
Abstract: This monograph provides guidelines for law enforcement agencies
to use in the management of confidential informants. The guidelines can
be used to develop or revise written directives for using and managing
informants. It also shows how to gain maximum benefits from using informants
while maintaining the integrity of the agencies and investigators who
rely on informant information. It also examines the responsibilities of
the chief executive officers, investigations commander, supervisor, and
investigator.
Raterman, Max T. "Informant Management and Disciplinary Issues."
Police Department Disciplinary Bulletin (September 2000): pp. 2-3.
Notes: Available full text on Proquest database (CJPI).
Abstract: One area of investigations that is frequently the focus of police
misconduct is the improper handling of confidential informants. Police
administrators must make sure there is an adequate informant management
policy in place, then enforce it. By consistently enforcing informant
management policies and procedures, police administrators help line-level
agents avoid misconduct that can result in serious discipline.
Rosenfeld, Richard, et al. "Snitching and the Code of the Street."
British Journal of Criminology (Spring 2003): pp. 291-309.
Abstract: Drawing from interviews with 20 active street offenders, the
authors explore the social meaning and consequences of snitching. The
snitch violates the code of the street and is universally despised by
street criminals. Although few of the respondents reported that they had
or would provide information to the police, the interviews indicate that
snitching is rampant. They also found that police practices may contribute
to the retaliatory violence associated with snitching. The authors concluded
that expanded legal access for street criminals may reduce reliance on
informers and help contain the spread of violence.
Santiago, Michael R. ""The Best Interests of the Child":
Scrutinizing California's Use of Minors As Police Informants in Drug Cases."
McGeorge Law Review (Spring 2000): pp. 777-800. Notes: Available full
text on Westlaw.
Abstract: January 1998, marked the beginning of the end for seventeen-year-old
Chad MacDonald. After being pulled over for a traffic violation, police
found eleven grams of methamphetamines in his car. Chad was arrested,
and given a choice: Either face a prison sentence, or work for the police
as a drug informant. Reluctantly, Chad and his mother chose the latter
option, unaware that a third alternative was available, enrollment in
a drug rehabilitation program. On March 1, 1998, Chad headed for a reputed
drug house in an effort to obtain that elusive "big" drug bust
for the Brea police detectives. It was at this house that Chad was strip-searched
by three individuals who accused him of being a "narc." Two
days later-a week before his eighteenth birthday-Chad's tortured and battered
body was found in an alley. Law enforcement agencies should be convinced
that children should not be placed in any type of danger in order to fight
the war on drugs. Police officers must remember that they have a fundamental
duty not only to serve human kind , but also to safeguard lives. This
unquestionably includes a duty to protect the lives of children. In recognition
of the policy to protect children and prevent such incidents as the tragic
death of Chad McDonald, California has recently enacted legislation that
attempts to control the practice of using minors as informants.
Schreiber, Amanda J. "Dealing With the Devil: An Examination of the
FBI's Troubled Relationship With Its Confidential Informants." Columbia
Journal of Law and Social Problems (Summer 2001): pp. 301-69. Notes: Available
full text on Lexis/Nexis.
Abstract: Informants are an essential tool of law enforcement. Their use,
however, has the potential to raise a variety of legal and ethical issues
for the agencies that employ them. This paper examines the relationship
between the Federal Bureau of Investigation and its confidential informants,
and the problems encountered by their use in criminal investigations.
Further, this paper evaluates existing doctrinal and substantive bases
that may serve to regulate the informant relationship.
Scuro, Joseph E. "Supreme Court Reviews 'Stop and Frisk' Conduct."
Law & Order (August 2000): pp. 12-14.
Abstract: The Supreme Court's "stop and frisk" decision in "Florida
v. J.L." is examined. The decision has placed a greater burden on
both law enforcement agencies, and individual officers to go beyond information
provided anonymously, and to affirmatively and actively take steps to
verify its reliability prior to taking action to frisk for weapons.
Simons, Michael A. "Retribution for Rats: Cooperation, Punishment
and Atonement." Vanderbilt Law Review (January 2003): pp. 1-54+.
Notes: Available full text on Westlaw.
Abstract: This article presents these alternative conceptions of cooperation
and explore their practical implications. Part I will provide the overview
of the cooperation system. Part II, will summarize the standard utilitarian
model of cooperation. Part III will explore the concept of cooperation
as punishment. Part IV will explore the concept of cooperation as atonement.
Part V will explore the practical implications--both for prosecutors and
for judges--of this reconceptualization of cooperation.
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