• 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)

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Sunday, April 12, 2020

Connecticut Supreme Court issues decision on informant experts

The Connecticut Supreme Court has decided that informant experts like myself are admissible when they can provide specialized information to jurors about informant unreliability, namely, information that jurors would not otherwise know based on common sense or from the popular culture or general media.  The Supreme Court upheld the exclusion of my testimony in this particular case, but noted that such testimony is not per se inadmissible, and it imagined other scenarios in which expert testimony might be admitted. The 2019 case, State v. Leniart, overturned this 2016 decision, in which the Connecticut Court of Appeals held that the trial judge made a mistake in preventing me from testifying before the jury.

I explain what the Leniart decision means in more detail in this piece for The Appeal: Why Juries Need Expert Help Assessing Jailhouse Informants.  In particular, I explain why jurors are unlikely to understand the full scope of informant practices, fabrications, and motivations to lie, and therefore would be helped by hearing expert testimony:

"Informants are highly motivated to give persuasive, believable testimony in exchange for their own freedom. They can also receive money, drugs, sex, food, and phone privileges when they cooperate with jail officials. Some scour the newspapers, pay other inmates for information, or get family members to pull court records so that they can come up with incriminating testimony against their cellmates. Some jurors may already know about these sorts of practices; many will not."