Snitches Get Riches

There has been extensive media coverage of the controversial campaign aimed at deterring potential ‘snitches’ from informing to law enforcement about criminal activity through the threat of violence.  The campaign’s slogan, “snitches get stitches,” has even made its way into mainstream culture, an “in the know” punchline for those lucky enough to be shielded from life-and-death decisions.

Less widespread, however, is coverage of how some law enforcement agencies proactively seek out informants - specifically those of questionable integrity – with promises of cash rewards.  We have all heard of Crime Stoppers and tip lines, but garnering less attention is law enforcement ads in local press inviting “people who hang out with crooks” to provide them with information in exchange for money.  This was the actual text from a want ad posted by the Albuquerque Police Department in The Alibi, an alternative newspaper.

The ad also tells readers that they can “make some extra cash” and that “drug use and criminal record(s) are okay.”  An Albuquerque informant who provides police with a tip about a murder suspect can earn $700.

This is incredibly concerning, though, when one considers such a policy against the backdrop of wrongful conviction.  A recent study of the nation’s first 200 DNA exonerations found that informants had provided false testimony in 18% of these cases, leading – at least in part – to those wrongful convictions.

Inviting individuals who regularly engage in criminal activity to “snitch” to law enforcement is setting the stage for wrongful convictions.  Proactively seeking informant testimony from individuals who have drug habits seems an obvious recipe for disaster.

These campaigns should cease.  With all that we have learned about the unreliability of informant, or incentivized, testimony and the secrecy that accompanies it, what is actually needed is stronger regulation of informant testimony.  This includes electronically recording snitch statements when they are given, holding reliability hearings before informant testimony is allowed in the courtroom, and, once it is, strengthening the instructions provided to juries about their long-established fallibility.

Albuquerque police reported that when they initiated a similar program actively seeking informants in the past, they were forced to turn off their telephones because of call volume.  One can understand why.  Seven hundred dollars would represent a nice pay-out for anyone; for an addict, it might be impossible to pass up.