I remember a memorable bench trial I attended like 7 months ago. The defendant, a tiny black man, was accused of shooting a gigantic black man in the buttock. While high on painkillers after getting out of the hospital, the victim calls the cops and, when they get there, identifies the defendant by name and photograph, puts this in writing, but asserts that he will not testify. All of this is recorded at the time on cassette. Case goes to trial, defendant puts on practically no defense despite hiring an actual lawyer, witness denies knowing anything, tape is played, judge laughs them all out of court to the tune of 5-10 or somesuch. I remain utterly baffled at why this man elected to waive his right to a jury trial.

It’s a wonder that anyone goes to jail in Baltimore, since nobody will talk to the cops [without powerful painkillers at least], and juries won’t convict. The result is cases like this.

Snitching or “confidential informant” use needs to be dramatically scaled back and strictly regulated. But we can’t get there, IMO, if we don’t acknowledge that some folks spreading that meme in the hip hop realm simply aren’t on the same page with the criminal defense bar. best,

While anyone who works with the cops may be deemed a snitch on the street, I don’t think that’s what Mark (or I) is talking about.

We’re talking 5K1.1. We’re talking sell out your brother for the promise of a day less in jail. We’re talking people who get caught, whether shooting heroin or a gun, and then become the cops newest best friend by giving up his old best friend.

Regardless of what people on the street want to call it, a witness who has done nothing wrong is simply a witness, not a snitch. This an entirely different thing.

The Stop Snitching movement was originated by drug dealers on the East Coast who are using the meme in some cases to intimidate non-criminal witnesses. That’s not right and I think it’s also wrong to equate “snitching” with reporting serious crime to police.

I’m 100% with you, however, on discouraging situations “where crooks are offered money and freedom (not to mention drugs and sex) for information.” We are reaching a level of informant saturation in America seen by no society before us save perhaps the East German Stasi.

If you haven’t seen Alexandra Natapoff’s article from Slate on the topic, it’s really good. And I’ve written quite a bit on the subject on Grits, too. Best,

I wonder if kids are still taught about Nathan Hale and Benedict Arnold. I wonder if it matters, considering the rest of society is busily justifying its “me first” attitude.

Men of honor are no longer honorable. Draconian penalties have done their job, though at a huge expense. And it is definitely so much easier to create crimes, or shoot fish in a barrel, then protect and serve.

And as our “juries get it wrong” study suggests, it is better that 13 innocent people go to jail then 87 guilty ones go free. Nobody seems to have a real problem with that anymore. Unless, of course, you or your loved one happens to be the sacrificial lamb for the safety of society. Then, suddenly, all your fourth grade civics comes rushing back.