• SNITCHING: Criminal Informants and the Erosion of American Justice
  • U.S. Attorney General's Guidelines on the FBI's Use of Confidential Human Sources
  • Sarah Stillman, The Throwaways, The New Yorker (2012) (article on the use of juvenile informants)

Recent Blog Posts

Wednesday, January 27, 2010

The Page 99 Test

Snitching is featured this week over on the Page 99 Test . The blog is driven by the writer Ford Madox Ford's adage: "Open the book to page ninety-nine and read, and the quality of the whole will be revealed to you." Page 99 of Snitching reads as follows:
Today's informant culture goes beyond the inquiry in any specific case about whether it might be dangerous to reveal the name of an informant or whether a particular investigation might be compromised by such revelations. Rather, the system is moving towards wholesale policies of keeping cases, dockets, and practices secret. Today, the potential threat to some witnesses is now seen by courts as a reason to overcome the presumption of openness for all criminal records.
In these ways, the practice of using informants undermines public transparency throughout the criminal system. By resolving liability in secret, it insulates investigative and prosecutorial techniques from judicial and legislative scrutiny. This reduced public access affects numerous other constituencies as well, making it more difficult for the press, crime victims, families, and policy analysts to obtain information about the workings of the justice system or about specific criminal cases. Informant use has thus become a powerful and destructive informational policy in its own right, reducing public transparency and obscuring the real impact of criminal practices on individuals, communities, and other institutions.