Comments on: CA bans uncorroborated jailhouse testimony http://apublicdefender.com/2008/08/13/ca-bans-uncorroborated-jailhouse-testimony/ Fri, 12 Mar 2010 19:28:32 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Close to another DNA exoneration | a public defender http://apublicdefender.com/2008/08/13/ca-bans-uncorroborated-jailhouse-testimony/comment-page-1/#comment-44546 Close to another DNA exoneration | a public defender Sat, 06 Dec 2008 22:32:12 +0000 http://apublicdefender.com/?p=1437#comment-44546 [...] Jailhouse snitch testimony really is not very credible and this is a prime example of why not. Snitches in jail (as opposed to regular snitches) have a great incentive to lie and to make up stories, thereby providing police with that “confession”. People should know this. The police should know this. After years and years of discredited jailhouse snitch testimony, you’d think they’d have learned to shy away from it. The only way jailhouse snitch testimony should be believed is if there is corroborating evidence. [...] [...] Jailhouse snitch testimony really is not very credible and this is a prime example of why not. Snitches in jail (as opposed to regular snitches) have a great incentive to lie and to make up stories, thereby providing police with that “confession”. People should know this. The police should know this. After years and years of discredited jailhouse snitch testimony, you’d think they’d have learned to shy away from it. The only way jailhouse snitch testimony should be believed is if there is corroborating evidence. [...]

]]> By: S http://apublicdefender.com/2008/08/13/ca-bans-uncorroborated-jailhouse-testimony/comment-page-1/#comment-37207 S Tue, 19 Aug 2008 16:01:05 +0000 http://apublicdefender.com/?p=1437#comment-37207 The snitch having info only the criminal would know doesn't in any way corroborate the claim that the defendant committed the crime. It's still only the snitch's word that the information came from the defendant. The snitch could get that info the way LJS suggested. Or the snitch could know secrets of the crime from someone else, who heard it from the real criminal. Or the snitch himself could have committed the crime. The snitch having info only the criminal would know doesn’t in any way corroborate the claim that the defendant committed the crime. It’s still only the snitch’s word that the information came from the defendant. The snitch could get that info the way LJS suggested. Or the snitch could know secrets of the crime from someone else, who heard it from the real criminal. Or the snitch himself could have committed the crime.

]]> By: LJS http://apublicdefender.com/2008/08/13/ca-bans-uncorroborated-jailhouse-testimony/comment-page-1/#comment-37171 LJS Tue, 19 Aug 2008 01:27:40 +0000 http://apublicdefender.com/?p=1437#comment-37171 If the snitch could provide _verifiable_ information previously unknown to prosecutors, that would likely be good enough. (Say, the location of a body in a missing person/suspected murder case.) One problem with snitches tends to be they pad their "information" with things gleaned from newspaper accounts and sometimes info gleaned from police investigators who don't use good questioning methods (like avoiding leading questions). If the snitch could provide _verifiable_ information previously unknown to prosecutors, that would likely be good enough. (Say, the location of a body in a missing person/suspected murder case.) One problem with snitches tends to be they pad their “information” with things gleaned from newspaper accounts and sometimes info gleaned from police investigators who don’t use good questioning methods (like avoiding leading questions).

]]> By: SPO http://apublicdefender.com/2008/08/13/ca-bans-uncorroborated-jailhouse-testimony/comment-page-1/#comment-37058 SPO Sun, 17 Aug 2008 04:22:02 +0000 http://apublicdefender.com/?p=1437#comment-37058 Can the corroboration be that the "snitch" has info that only the criminal would know? I think that would work. Can the corroboration be that the “snitch” has info that only the criminal would know? I think that would work.

]]> By: Dennis Wilkins http://apublicdefender.com/2008/08/13/ca-bans-uncorroborated-jailhouse-testimony/comment-page-1/#comment-36887 Dennis Wilkins Wed, 13 Aug 2008 23:40:47 +0000 http://apublicdefender.com/?p=1437#comment-36887 It is true that the Senate passed the bill. But now the Assembly has to pass it. That may happen. But Governor Schwarzeneggar will NEVER sign this bill. It will NEVER become law while he is governor. Schwarzeneggar vetoed four bills already that were, that were, like this one, a product of the bipartisan innocence commission. The other bills vetoed had to do with taping of interrogations in death penalty cases and things like that. This bill will not pass. It ought to be the law. It is a good bill. It is the right thing to do. But it will not pass. Oh, and in the meantime our entire prison system in California is a hairsbreadth away from being seized by the federal government due to massive overcrowding and mismanagement. The prison medical system was seized two years ago. And we have a $15.4 billion budget deficit that cannot at present be resolved. And the federal judge is just about to impound 6$6 billion from our budget to pay for the failed prison medical system. Dennis Wilkins Guest PD Blogger at PD Dude It is true that the Senate passed the bill. But now the Assembly has to pass it. That may happen. But Governor Schwarzeneggar will NEVER sign this bill. It will NEVER become law while he is governor.

Schwarzeneggar vetoed four bills already that were, that were, like this one, a product of the bipartisan innocence commission. The other bills vetoed had to do with taping of interrogations in death penalty cases and things like that. This bill will not pass.

It ought to be the law. It is a good bill. It is the right thing to do. But it will not pass.

Oh, and in the meantime our entire prison system in California is a hairsbreadth away from being seized by the federal government due to massive overcrowding and mismanagement. The prison medical system was seized two years ago. And we have a $15.4 billion budget deficit that cannot at present be resolved. And the federal judge is just about to impound 6$6 billion from our budget to pay for the failed prison medical system.

Dennis Wilkins
Guest PD Blogger at PD Dude

]]>