attachment_id=996 - UDC Law Review

APPENDIX B
MODEL BILL FOR INCREASING
THE EVIDENTIARY VALUE
OF JAILHOUSE INFORMANT TESTIMONY
An Act:
Section I. Purpose.
The purpose of this Act is to ensure that only reliable jailhouse informants are permitted to testify at trial, and to
ensure that when such an informant testifies, the jury is fully informed. Because in-custody informants have very
strong incentives to fabricate or elaborate testimony in order to receive lenient treatment, courts should view such
testimony with skepticism. This act should be interpreted consistent with the goal of keeping unreliable informant
testimony out of court.
Section II. Definitions.
A. As used in this section, “in-custody informant” means a person, other than a co-defendant, percipient
witness, accomplice, or co-conspirator whose testimony is based upon statements made by the defendant
while both the defendant and the informant are held within a correctional institution.
B. As used in this section, “consideration” means any plea bargain, bail consideration, reduction or
modification of sentence, or any other leniency, benefit, immunity, financial assistance, reward, or
amelioration of current or future conditions of incarceration in return for, or in connection with, the
informant’s testimony in the criminal proceeding in which the prosecutor intends to call him or her as a
witness.
Section III. Disclosure Obligations of the Prosecution.
In any criminal trial or proceeding in which the prosecution intends to call an in-custody informant to testify,
pursuant to relevant state rules governing discovery, the prosecution must obtain and disclose the following
information to the defense:
A. A written statement setting out any and all consideration promised to, received by, or to be received by the
in-custody informant. This requirement applies even if the prosecution is not the source of the
consideration.
B. The complete criminal history of the in-custody informant.
C. The names and addresses of any and all persons with information concerning the defendant’s alleged
statements, including but not limited to: law enforcement and/or prison officers to whom the informant
related the alleged statements; other persons named or included in the alleged statement; and other persons
who were witness and who can be reasonably expected to have been witness to the alleged statements.
D. Any prior cases in which the in-custody informant testified and any consideration promised to or received
by the in-custody informant, provided such information may be obtained by reasonable inquiry.
E. Any and all statements by the in-custody informant concerning the offense charged.
F. Any other information that tends to undermine the in-custody informant’s credibility.
G. This section does not alter other disclosure or discovery obligations imposed by state or federal law.
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