Legal Question in Criminal Law in Texas

Exposure of confidential informants

I am trying to do some research on what Federal law or statue there is for the government ruling that the defendant is allowed the information of finding out who the confidential informant is. What would be the reasoning why the court would rule in favor of the defendant in exposing a confidential informant to the defendant?


Asked on 3/24/01, 10:57 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Exposure of confidential informants

Each of us is entitled to confront the witnesses against us in a criminal proceeding. Cross-examination tends to reduce the incidence of untruthfulness. A CI is just another witness, and their testimony is always suspect because they are working for the government, either for favorable treatment for their own crimes, money, or some other advantage. They are not impartial - they are benefiting is some way.

There is a world of law in the federal system on when and under what circumstances a CI must be identified by the prosecution in a criminal case.

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Answered on 5/29/01, 10:15 am


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