NEGATIVE INCENTIVES INVOLVED IN GOVERNMENT SPONSORED "SNITCHING"

INTRO

Within the widespread use of informants in criminal cases, law enforcement officials and prosecutors are the facilitators of the system. Law enforcement officials and prosecutors maintain files on informants and coordinate deals with possible cooperators. Therefore, these authorities have the responsibility to make sure that the use of informants does not become an injustice to those facing criminal charges. In United States v. Bernal-Obeso, 989 F.2d 331 (9th Cir. 1993), a man appealed his conviction on charges of conspiracy to posses a controlled substance and possession of a controlled substance with intent to distribute, as well as aiding and abetting charges. The court's opinion describes the important responsibility that prosecutors have in dealing with rewarded criminals, stating "A prosecutor who does not appreciate the perils of using rewarded criminals as witnesses risks compromising the truth-seeking mission of our criminal justice system. Because the Government decides whether and when to use such witnesses, and what, if anything, to give them for their service, the Government stands uniquely positioned to guard against perfidy. By its action the Government can either contribute to or eliminate the problem. Accordingly, we expect prosecutors and investigators to take all reasonable measures to safeguard the system against treachery. Id. at 333-34. The Ninth circuit is correct in identifying prosecutors and investigators as the those in the best position to make sure that the witnesses they use are credible.