Monday, March 20, 2017
Daniel C. Richman (Columbia Law School) has posted Informants & Cooperators (in Bridging the Gap: A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017), Forthcoming) on SSRN. Here is the abstract:
The police have long relied on informants to make critical cases, and prosecutors have long relied on cooperator testimony at trials. Still, concerns about these tools for obtaining closely held information have substantially increased in recent years. Reliability concerns have loomed largest, but broader social costs have also been identified. After highlighting both the value of informants and cooperators and the pathologies associated with them, this chapter explores the external and internal measures that can or should be deployed to regulate their use.