Informants are used in organised crime cases.
An informant is someone who has knowledge of illicit activities who works with the police by providing that information to police in order to build cases against criminal defendants.
Type of informants:
member of the public
victim of a crime
member of organised criminal group
police officers
Most informants are criminal who cooperate with the police in exchange for a reduced charge, sentence, or immunity from prosecution. Many courts have held that the identity of an informant kept confidential.
Assisting criminal investigations:
element of deception
intrusion into privacy of individuals
cooperation with persons, reliability and motivation
Article 26 Organised Crime Convention:
The Convention requires the states take measures to encourage such cooperation in accordance with fundamental legal principles. Not obliged to adopt leniency or immunity provisions.
Identifies four categories of information that could be collected from informants
The composition and structure of organised criminal groups
Link with other organised criminal groups
Offences committed by organised criminal groups or offences that they may commit
Resources and proceeds of crime belonging to organised criminal groups
Central themes in how informants and justice collaborators and cooperating witnesses manage: UNODC 2016
Are all investigators permitted to make use of informants or is the possibility restricted to specially selected officers?
Is the identity of an informant protected when giving testimony in court?
Is there a policy on the protection and court testimony of informants?
Are informants reimbursed?
The investigation and prosecution of members of sophisticated transnational criminal groups assisted by cooperation. Prevention of serious crimes and victimisation, leads to planned criminal operations. Special witnesses, subject to prosecution for their direct or indirect participation in organised criminal group.
Organised criminal group factors:
Long sentences for organised crime related offences force criminals to consider prison as the permanent solution.
Witness protection possibilities allow potential informant. Avoid retaliation after testifying against organised criminal group.
Many organised crime offenders are simply in it for the money. Look for the easiest way out.
Evaluating the credibility of informant information:
VERACITY - Does this informant have a reputation for telling the truth? Law enforcement and prosecutors have evidence that the informant has lied or been forthright with them.
BASIS OF KNOWLEDGE - Alleged knowledge the informant has must be provided.
RELIABILITY - Has the informant provided reliable information in the past or is this the first time used by the police?
CORROBORATION - If the informants reports are consistent with other reports by third parties. It will increase an informants credibility in court.
SPECIFICITY - Specific and detailed information the more likely the court will accept the informants information.
Until the next Legal Thought,
Elicia Maxwell
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