NCJ Number
41538
Journal
FBI Law Enforcement Bulletin Volume: 46 Issue: 5 Dated: (MAY 1977) Pages: 29-31
Date Published
1977
Length
3 pages
Annotation
THIS ARTICLE EXPLAINS SOME OF THE RAMIFICATIONS INVOLVED IN THE PROSECUTOR'S DECISION TO USE THE TESTIMONY OF AN INFORMER IN A TRIAL PROCEEDING.
Abstract
OCCASIONALLY, EITHER BECAUSE OF THE IMPORTANCE OF A CASE OR THE LACK OF OTHER PROOF, THE GOVERNMENT MAY CHOOSE TO UTILIZE AN INFORMER AS A TRIAL WITNESS. IF IT DOES, THE DEFENDANT'S RIGHT TO CROSS-EXAMINATION REQUIRES THAT THE INFORMER-WITNESS TESTIFY TO HIS TRUE NAME AND ADDRESS. HOWEVER, IF THE GOVERNMENT CAN SHOW THAT PHYSICAL HARM TO THE INFORMANT OR HIS FAMILY IS LIKELY, THE TRIAL COURT HAS AUTHORITY TO PERMIT THE INFORMER TO TESTIFY WITHOUT DIVULGING HIS IDENTIFYING DATA. THIS INFORMATION ALSO MIGHT BE WITHHELD IF THE INFORMER'S TESTIMONY DOES NOT DIFFER FROM THAT OF THE DEFENDANT, OR IF IT DOES, IF THE INFORMER IS NOT THE PRINCIPAL WITNESS AGAINST THE ACCUSED. A DEFENDANT HAS NO CONSTITUTIONAL RIGHT TO BE APPRISED, PRIOR TO TRIAL, OF THE IDENTITY OF AN INFORMER WHO WILL BE A WITNESS AGAINST HIM.(AUTHOR ABSTRACT)....BDS