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Reducing Wrongful Convictions: California Assembly to Vote on Bill Requiring Corroboration of Jailhouse Informants

John-Terzano.jpg By John F. Terzano
President
The Justice Project

Harold Hall was only 18 years old when he was sent to prison. He spent nearly two decades of his life in a California prison for crimes he did not commit.

Hall was wrongfully convicted of double murder in 1985 based in part on evidence provided by a jailhouse informant who fabricated a confession Hall allegedly made to him.

Jailhouse informant testimony is widely regarded as the least reliable form of testimony in the criminal justice system, but unfortunately in Mr. Hall's case and numerous others, uncorroborated testimony from unscrupulous jailhouse informants, or "snitches," is still used by prosecutors to obtain convictions.

According to a San Francisco Magazine study, unreliable testimony of informants was a factor in approximately 20% of all wrongful convictions in California. This problem extends nationwide as shown in a study by The Center on Wrongful Convictions at Northwestern University School of Law, which identifies snitch testimony as the leading cause of wrongful convictions in U.S. capital cases.

Higher standards for admitting snitch testimony at trial must be put in place to protect innocent people like Mr. Hall from the consequences of unreliable, incentive-driven testimony. Best practices to safeguard against perjured testimony include:

• Mandatory, automatic pretrial disclosures of information related to jailhouse informant testimony

• Corroboration of the facts to which an informant testifies, special jury instructions

• Higher standards for the admissibility of snitch testimony at trial.

A vital piece of legislation for raising the standards of use for jailhouse informant testimony, is California Senate Bill 609, sponsored by Senator Majority Leader Gloria Romero (D-Los Angeles), which requires corroboration for jailhouse informants.

The bill has passed the State Senate and Assembly Public Safety Committee, and will soon be heading to the Assembly Floor for a final vote. The Los Angeles District Attorney's office has endorsed the bill and they are already applying informant corroboration as a rule. But if the bill passes the Assembly, Governor Schwarzenegger will have an opportunity to implement this important reform statewide.

In addition to corroborating jailhouse informant testimony, improving eyewitness identification and videotaping custodial interrogations have been shown to prevent wrongful convictions. Senate Bill 756, sponsored by Senator Ridley-Thomas (D-Los Angeles, Culver City), addresses the development of new guidelines for eyewitness identification procedures, and Senate Bill 511, sponsored by Senator Elaine K. Alquist (D-Santa Clara), would require full electronic recording of interrogations in both juvenile and adult cases.

Wrongful convictions such as Mr. Hall's plague our criminal justice system and can no longer be ignored. We hope that the legislature will support these three critical bills and that the Governor will ultimately sign them into law. California law enforcement, prosecutors, and the community will all benefit from more reliable outcomes in criminal cases.

Please visit The Justice Project's website for more details on snitch testimony reforms. Also the ACLU of Northern California has an effort underway to help end wrongful convictions.

John F. Terzano is the President of The Justice Project, a nonpartisan organization that works to address unfairness and inaccuracy in the criminal justice system, with a focus on the capital punishment system.

Posted on August 23, 2007

Comments

Morris1 August 21, 2007 at 05:35 PM
These are all excellent bill that need to be passed. I was absolutely amazed at the amount of eye witnesses that miss identified people. We absolutely need more checks and balances to assure the guilty and not the innocent are put behind bars. It happens much too often. These bills would help prevent Law Enforcement from intimdating and coercing young people into prison during their interrogations. Their six pack lineups would have to be more uniform. No more putting the larger picture of the person they want identified. No more brighter pictures of the person they want identified. They absolutely stack the deck to find you guilty. DA intimidations must stop. These DA's are looking for conviction rates and promotions. They don't care about justice. You are guilty until proven innocent from the day you are suspected or arrested. We need law enforcement to have rules that need to be followed just like you and me. Right now those rules do not exist.

Posted by: Morris1 at August 23, 2007 09:26 AM

of this is true then you will understand my family are victim to this and in need of an attorney. case is pending in federal going in 4 years we need help with an attorney civil rigts who can stand up for our justice.Reason case taken this long because of the need of attorney.

Posted by: ivy at August 23, 2007 01:20 PM

I urge readers to write to Governor Schwerzenegger supporting these bills. It is easy to do at http://gov.ca.gov/interact

It is scary that the United States incarerates a higher percent of its population than any other democracy; more than India, more than Mexico. The tough-on-crime demand for unreasonably long sentences and the stumbling blocks from a broken parole system turned into dumb-on-crime. That made us less safe and cost us lots of money that would have been better spent on education and other positive programs.

Convicting the innocent based on testimony from jailhouse informants, who have much to gain and nothing to loose by giving false testimony, is unexcusable.

Posted by: Barbara at August 26, 2007 10:42 AM

This bill needs to be signed by the governor...one person convicted for something that they did not do is not acceptable, how many men/women have we as a nation executed that were innocent. The other side to this is the person that is guilty is out there to commit how many more crimes because he/she got away with it.
Until the district attorneys and the police are held accountable for their actions we will see a lot more innocent people in prison. Until innocence or guilt becomes tangible and not just getting a conviction we need all safety mechanisms in place to protect society from wrongful convictions.
As seen from district attorneys refusal to accept irrefutable proof of innocence and fight to keep innocent people in prison we will never stop convicting innocent people.
This practice must change….society should be protected from unconstitutional imprisonment

Posted by: Gentle_Warrior at August 26, 2007 02:11 PM

An earlier poster gave the address to write the Governor in support of these bills. Everyday our rights are being whittled away. Let's work towards protecting ourselves and others from false imprisonment due to questionable testimony. No one should be convicted of anything on unsubstantiad testimony. It's in our best interest and the best interest of this state to do everything possible to ensure that no one is convicted for a crime they did not commit.

Posted by: Sue Killian at August 27, 2007 08:38 PM

its not just jailhouse snitch its one who gets arriested then gives up other people for their freedom

Posted by: joe at August 29, 2007 05:52 AM

Good call Gentle warrior, We have a situation where police and district attornys Need not be held accountable for lying to get a conviction. Please read,on line, "Junk Forensics in San Diego"

Posted by: Charles Caldwell at August 31, 2007 12:49 PM

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