TPMCafe
« GOP Announces Plan to "Coordinate the Hate" | Home | Whoopi Goldberg is Wrong and Greedy »

Keep on snitchin'

user-pic

Ethan Brown's Snitch is rich in description and anecdote, but the author nearly chokes on his outrage and, as a result, fails to come to grips with the hard choices.

Here are the Brown's basic points, as I understand them:

1. In investigating and trying drug-dealing, organized-crime, and corruption cases police and prosecutors rely heavily on criminals who testify in return for reduced sentences.

2. Those witnesses are massively unreliable, especially since the draconian sentences now handed out under the drug laws create intolerable pressure. (Brown doesn't, but I would, compare giving someone a 20-year sentence and offering him an "out" in return for testimony to the practice of judicial torture.)

3. As a result, innocent people go to prison.

4. Some prosecutors and investigators are insufficiently skeptical about the stories informants tell.

5. Since people with greater involvement in a crime are more likely to have, or be able to concoct, information useful to prosecutors, the result can be an inversion of justice, in which the big fish get off lightly and the small fish bear the full brunt of punishment.

6. Some of the people who get sentence reductions in return for their testimony go on to commit terrible crimes.

7. Some investigators go too far in protecting informants.

So far, Brown and I entirely agree. These are important facts, and underappreciated by journalists and legislators.

But Brown goes further: he thinks there's something intrinsically wrong with testifying against co-conspirators, and thinks that a return to an imagined earlier period where there was honor among hustlers and no one snitched would represent moral progress. And he's strongly sympathetic with the "Stop snitchin' " movement, which he sometimes identifies with the "stand-up guy" ideal and sometimes claims stands in opposition only to dishonest informant testimony.

Brown acknowledges that witness intimidation is a major problem in urban law enforcement, especially with respect to murder. But he decries the identification of "Stop snitchin' " with witness intimdiation, as if the throat-cutting gestures he describes murder defendants as making to witnesses against them had no relation to the "Stop snitchin' " T-shirts. He seems to imply that the witness-intimidation problem could be solved by creating local equivalents to the Witness Protection Program operated by the Feds (which elsewhere in the book he denounces because some of the participants commit crimes).

I would offer an alternative account:

1. The investigation of transactional, conspiratorial crimes relies on intrusive law enforcement: electronic surveillance, undercover operations, and informant testimony. This is a reason for caution, and a disadvantage of the current policy of massive drug law enforcement.

2. Informant management has always been, and will always be, a nightmare. Most "cooperating informants" are very bad people, and their sworn testimony isn't worth the spit behind it. They're also likely to continue to commit crimes, since committing crimes is both their profession and their avocation.

3. Sowing distrust among potential conspirators is a socially useful accomplishment.

4. A "stand-up guy" may be admirable in contemplation, but in real life a "stand-up guy" helps keep the underlying conspiracy in business. Yes, in some weird sense Gordon Liddy and Scooter Libby displayed a kind of courage and integrity by taking the heat themselves, but John Dean did a public service by "snitchin' " on Richard Nixon and his cronies. The "Stop snitchin' " movement among police is called the "blue wall of silence." Does Brown think that a good thing? Neither do I.

5. Yes, of course some informants go on to commit terrible crimes. But some of the people they help put away are thereby prevented from committing equally terrible crimes. Brown offers no evidence that the "Stop snitchin' " movement in practice distinguishes honest from dishonest informant testimony, or the testimony of "civilians" from the testimony of "hustlers." And he offers no practical suggestions about how to deal with the witness-intimidation problem, which has driven homicide clearance rates in cities such as Baltimore, Washington, and New Orleans to well below 50%. Yes, you read that right: in those cities, you have a better than even chance of literally getting away with murder.

Gang homicides almost never prosecutable because none of the witnesses dares to testify and because the victim's friends are bound by the "Stop snitchin' " ethic. Any serious attempt to counteract the gang violence that terrorizes so many neighborhoods has to start with convincing people that testifying against bad guys is a civic duty.

I'd like to see shorter sentences for drug crimes not involving violence, a switch to drug-enforcement tactics that emphasize protecting neighborhoods rather than preventing transactions, better controls on the use of informants (even at the expense of making fewer drug-dealing cases), and more skepticism by prosecutors, investigators, and judges. But I'd also like to see the street (and prison) gangs put in the position eventually occupied by the Klan, the Mafia, and the American Communist Party: so informant-ridden as to be unable to function.

Yes, "Stop snitchin' " is a terrible indictment of the state of police-community relations in many of the neighborhoods where the need for better law enforcement is greatest. If I were running a police department, I'd take that as a primary problem to work on. But the idea that we could improve public safety or serve justice by drying up the flow of testimony by criminals against their co-conspirators doesn't appeal to me at all.


11 Comments

| Leave a comment

Welcome to the Cafe. I really enjoy reading your posts at The Reality-Based Community.  Clear writing and clear thinking combined is so refreshing.  Since the current topic is way outside my demographic, I'll leave its discussion to others.  Hope you don't mind the OT blog promotion.

 

Did you really compare the American Communist Party with the Mafia and the Ku Klux Klan?

Actually the story of organized communism in America and the civil liberties violations that our government used to break it up provides for a great argument against drug laws. Enforcing drug laws has forced our government to act immorally against it's own citizens. Just like the government acted immorally against American communists.

thosethingswesay.blogspot.com

The root problem I see here is that there are almost no checks on prosecutorial misconduct.

The Center For Public Integrity cites a scary statistic: less than 3% of cases that judges overturn or amend due to harmful error by prosecutors ever result in disciplinary hearings for the prosecutors who committed the harmful error. And these are just the cases where the judges could spot the misconduct.

There is little or no accountability for prosecutors who are more concerned with a high conviction rate reputation than they are with truth and justice.

Perhaps something like this would help:

Two strikes and a prosecutor loses their license if they are sloppy and mistakenly prosecute two innocent people based on flimsy evidence.

One strike and the prosecutor is prosecuted for a crime if the evidence clearly shows that they knew they were prosecuting and innocent person or using flimsy evidence.

I can't think of too many worse crimes than convicting innocent people due to negligence or in order to maintain a high conviction rate and further one's career; such actions should be treated accordingly.

Two strikes and a prosecutor loses their license if they are sloppy and mistakenly prosecute two innocent people based on flimsy evidence.

I wouldn't be in favor of that. First of all, I don't know what it means. What's "flimsy evidence" and what does it mean for someone to be sloppy?

If you want more precision in these areas, we need to be in favor of expanding the judiciary and expanding prosecutorial staffs. And on the flip side, expanding the offices of public defenders so that people can get a fair trial.

I really wonder how much of this is related to the broader structure of the criminal legal system, i.e. does the system even have the capacity to handle the number of cases it is seeing right now. Of course, there is no one criminal legal system but rather hundreds of them when you include every state, county, and city in this country.

Well, I think the fair point is that prosecutors don't have a lot at stake when they unfairly prosecute somebody. They have a lot of leeway and aren't held accountable.

thosethingswesay.blogspot.com

My suggestion was meant as food for thought and not meant as legislation complete with definitions. (Unfortunately, even if my words were more specific and comprised an amendment to the US Constitution, the legal scholars, government and Supreme Court Justices would be arguing about what those words meant for the next few centuries).

That said, I'm sure your insight is correct that the case overload in our system(s) probably isn't conducive to quality justice.

I still maintain, however, that if there's no meaningful accountability for runaway prosecutors, justice will suffer.

Mark,

But Brown goes further: he thinks there's something intrinsically wrong with testifying against co-conspirators, and thinks that a return to an imagined earlier period where there was honor among hustlers and no one snitched would represent moral progress.
Perhaps I just missed it in Ethan's article (and I haven't read his book) but I don't see him as being opposed to criminals testifying against co-conspirators.

What I do see is that he opposes an apparent conspiracy (of the wink-wink, nudge-nudge type) between many of the testifying criminals and the prosecutors to pay the "witness" off through a reduction of sentence for lying on the stand against someone else. That's the effect of telling them to testify and then neither investigating the testimony for supporting evidence nor holding them responsible for the Truth of their testimony.

As the comments following Ethan Brown's post point out, the (purchased) testimony of a snitch is often sprung on the defense too late for even those most financially capable of Defense investigations to time to look into the background of the "witness." The chronic underfunding of public defense agencies makes this even more of a problem in poor communities.

Since the District Attorney's offices that I know of aren't especially flush with funds either, (Texas = low tax, low service state, but I doubt that the feds are flush with money either.) they set a premium on getting defendants to plead out so that the cost of a trial is avoided. There really is a premium for prosecutors to get defendants to skip the trial. The use of snitch testimony is one tool in their bag.

All-in-all that describes a so-called justice system that is stacked in favor of the Prosecution and the cops. If you are accused, then you are guilty, and the only issue is the sentence.

Since (as I read Ethan's article here) the only way to get a federally mandated sentence reduced is to turn snitch, and there is little likelihood of being caught lying and no penalty for lying as a snitch, that system clearly sets up a growth industry in lying snitches. The fact that so many of the snitches are career criminals anyway makes such lies extremely probable.

That's a real problem, but is appears to be something that could be solved - unfortunately, the solution would cost the taxpayers more money, the prosecutors a lot more work, and possibly cause a few high profile cases to be lost. "Shark" would never approve. [If the conservatives can channel Keifer Sutherland from "24", I can channel James Woods.}

On the prosecution side, though, here in Fort Worth the feds have just successfully prosecuted a gang that had taken over a section of town that had very limited access and were selling drugs on the street. The story is found here and a picture of the neighborhood, with three entrances carefully watched by lookouts is located here (first picture in the slide show).

Busting this crew clearly took snitches, as well as successful undercover work. But from what I have read, the testimony of snitches was backed up by a lot of other confirmatory evidence.

The problem that I see with the use of snitches, especially jailhouse informants, is that the crusading prosecutors have too much incentive to use shortcuts and very little incentive to ensure the honesty of their snitches.

I live about a mile from the "fishbowl" described above and we have a gang problem in my neighborhood also. We know of one currently uncaught gang member, and they are like cockroaches. The one you see represents thousands unseen in the walls. So I approve of crusading prosecutors. But I also live in the state that has presented the prosecutorial misconduct that is named Tulia, TX. Examples like Steve Biskupic's prosecution of Georgia Thompson for purely political reasons to please Alberto Gonzales shows that we can't trust even the federal prosecutors any further than we can see them, and we generally can't see them. Like gang members and cockroaches, the ones we see represent ... how many more?

Ethan is exposing a real systemic problem that currently does not appear to being addressed, and I really don't see where he has indicated that "...he thinks there's something intrinsically wrong with testifying against co-conspirators."

So Mark, I really think you are overstating your case a great deal.

Which doesn't mean I'll quit regularly reading your excellent blog, by the way. You are on my daily list, right above War and Piece.

Well, while I don't necessarily object to the testimony of co-conspirators, one form of snitch I would object to is the 'Jailhouse Confessional.'

All too often, a critical piece of evidence is the testimony of some jailbird or cell mate who astonishingly reveals that the defendant has confessed the whole story to him. The jailbird then sings like a canary.

Does this realistically happen? Sure. People shoot their mouths off constantly, they confabulate, confess, lie, make up stories, bluff, posture, confide.

You stick two guys in a cell together, or stick a guy in prison, it's quite possible that one will tell the other about how they got in jail and whether they actually did it. The story might even be true. Or maybe not. Guys lie to each other about all sorts of shit.

But here's the thing, the jailbird is powerfully motivated for any number of reasons, ranging from favours to early release, to extortion, revenge, or other pressure to fabricate a confession.

Indeed, there's a vast number of cases where such fabrications are documented. There's even cases where jailbirds make a career out of snitching serially. Where they're so good at coming up with 'confessions' that the police will literally habitually put such people in jail cells with the suspect as a way of getting a confession.

In my view, there's such a history of fraud and misconduct, of erroneous or wrongful convictions, of false testimony, that such snitches are so highly motivated to perjure themselves, and even that suspects in such situations are motivated to fabricate incriminating admissions to fit in, that jailhouse snitches should be forever stricken from the courtroom.

No negotiation, no discussion, no exceptions, get them out of there. Such testimony is so suspect as to be inherently tainted.

The only context in which such evidence should be considered is where admissions to a jailbird snitch lead to evidence. Even then, the admissions should only be tendered not as admissions or confessions in and of themselves, but as the source of investigation leading to genuine evidence.

So have at it.


Like everything else in American society, The elites and powerful know they will not be arrested and if they are they have the "juice" to get free before trial.

They thus think the cost of real justice is too much to spend of their money.

This is the story of everything in America today. Use superlatives to support the lie and keep the money invested out of the country where the big returns are!


-----------------------------------------------
Today, are we searching for I deals or Ideals?
-Thinking

The main problem is that drugs are illegal in the first place.  As long as there is demand, there will individuals who will supply, no matter what the penalties are.  Prohibition has increased the profitability, and has often been the cause of increased toxicity in the product.

Drug users don't enable terrorists, drug laws do.  Decriminalised drugs would affect the quality of the product, both in purity and standardisation of dosages. It would take away much of the massive profits than can be derived on the supply-side, and eliminate a major source of funding for gangs in America.

At the same time; the elimination of laundered drug money would have a negative effect on the already troubled American equities markets.  what is the latest estimate for laundered drug profits annually in the US; has it hit $200 billion officially yet?  Even though I am usually not a fan of conspiracy theories, there are some things that Catherine Austin Fitts has written, which make sense.

Drug users don't enable terrorists, drug laws do. Decriminalised drugs would affect the quality of the product, both in purity and standardisation of dosages. It would take away much of the massive profits than can be derived on the supply-side, and eliminate a major source of funding for gangs in America.

Indeed--one of these 'gangs' was the Reagan administration, which was happy to traffic cocaine onto US streets, in exchange for $$$ to fight their dirty Central America wars with. Given how none of them did jail time, I'd say that they had a 'Stop Snitching' campaign of their own in place!

Leave a comment

Advertisement
Please disable your adblocker!
Ads are how we pay the bills!

Subscribe

The Coffee House
TPMCafe's regulars

House Brew
From Your Cafe Editor

Special Guests
Big names and big brains

Special Features
Pressing topics and trends

Table for One
An expert's week-long talk.

All Reader Posts
TPM readers discuss.

Recent Reader Posts

All Reader Posts »



Book Club Calendar


Coming Soon



Nov. 30-Dec. 4



January 12-16



« Book Club ArchiveFull calendar »

Book Club Archive



Masthead

Editor-in-Chief
Josh Marshall

Site Editor
Lila Shapiro

Intern
Kyle Krahel-Frolander



Subscribe to TPMCafe's feed.
Subscribe to TPMCafe's reader blog feed.

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address