PCE Publications

Author(s): Kristine Hamann, Rebecca Rader Brown

A prosecutor’s core mission is and has always been to promote justice and to protect the community by ensuring public safety. Over the past 30 years, the way prosecutors approach this mission has evolved. In place of the old, reactive criminal justice model, prosecutors and police are using new methods and evidence to take a proactive, broader approach to preventing, investigating, and prosecuting crime.

An often difficult decision faced by prosecutors is whether to use evidence provided by a so-called jailhouse informant. Individuals, when incarcerated, may let their guard down with other inmates and speak freely about the crime with which they have been charged. They may also (perhaps falsely) claim to have committed some heinous act simply in an effort to “impress” fellow inmates. At the same time, inmates facing other charges may try to barter with law enforcement, providing information allegedly learned from a fellow inmate in exchange for some benefit, such as a lesser sentence.

Witness intimidation and witness tampering can occur in any case, from simple misdemeanors to homicides. It has a variety of consequences from the silencing of an entire community, to the murder of a witness, to the recantation of truthful testimony. Though witness intimidation is an insidious problem, there are strategies throughout the investigation and prosecution of a case that can help to keep a witness safe and reduce the impact of intimidation.

Authors: PCE

Author: Kristine Hamann