Snitches Get Stitches with Alexandra Natapoff (S3 Ep.38)
Nov 20, 2022
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Law professor Alexandra Natapoff discusses the use of criminal informants in the American justice system, highlighting the lack of transparency and the risks of false information. The triangular relationship between cops, informants, and prosecutors is analyzed, and the secretive nature of the informant system is discussed. The proposal for transparency is examined, considering its potential impact on solving crimes and ensuring safety in neighborhoods.
The American justice system allows for leniency in exchange for cooperation, but the lack of transparency poses risks of false information and evidence manipulation by informants.
The secretive nature of the informant system hinders academic research, erodes community trust, and sparks debate on the balance between transparency and effective crime-solving.
Deep dives
The pervasiveness and flaws of the use of criminal informants in the American justice system
In this episode, Professor Alexandra Natapoff discusses the use of criminal informants in the American justice system. She highlights how this phenomenon is rarely encountered outside of shows like The Sopranos and The Wire. Natapoff explains that while most countries do not allow for the reduction of criminal sentences in exchange for cooperation, the American system permits such deals with little transparency or documentation. She emphasizes the risks associated with informants providing false information or even planting evidence to receive leniency. Natapoff delves into the complex triangular relationship between police, informants, and prosecutors, stressing the secretive nature of the informant system and its impact on academic research. Finally, the professor explores the debate surrounding transparency in the informant system and its potential effects on solving crimes and safeguarding communities.
The personal and community impact of snitching
Natapoff shares her personal interest in the topic of snitching, developed during her time as a public defender in Baltimore. She witnessed firsthand how pervasive the use of snitches was within the criminal justice system and the detrimental effects it had on individuals and communities. She highlights the awareness among community members that drug dealers often had deals with the police, allowing them to remain on the streets. Natapoff discusses the erosion of trust within communities and the damaging message conveyed by the system of snitching. She emphasizes the importance of understanding snitching as a significant aspect of the criminal system's impact on people's lives.
The lack of transparency and accountability in the informant system
An essential issue raised by Natapoff is the lack of transparency in the use of criminal informants. While the FBI requires documentation for informant use, most local and state police departments lack similar policies. This leads to a significant amount of informant dealings existing only within the memories of the involved parties. Natapoff argues that the secrecy surrounding informant use extends beyond protecting individual informants' safety. It also encompasses the deals made between police and informants, the potential crimes committed by informants, and the lack of information available for public scrutiny. The professor discusses legislative efforts to introduce more transparency, highlighting the resistance from law enforcement agencies. The debate centers around whether disclosure would hinder investigations or jeopardize informants.
Comparisons to other countries and the need for reform
In her research, Natapoff highlights the international spectrum of legal systems regarding the use of informants. While the United States permits extensive negotiation and commodification of guilt, many countries in Western Europe resist this approach. In these countries, the concept of trading guilt or permitting negotiations is seen as inappropriate. However, there is pressure for international cooperation in drug enforcement, where the American model has somewhat crept in. The professor stresses the need for reform in the American system, as it undermines the principles of innocence until proven guilty and the rule of law. She points to the increasing awareness and legislation surrounding informant use as signs of progress but emphasizes that more needs to be done to address the flaws and consequences of the system.
My guest today is Professor Alexandra Natapoff. Alexandra is a law professor at Harvard University. She writes about criminal courts, public defense, plea bargaining, wrongful convictions, and race and inequality in the criminal justice system. Her new book, which is an expanded edition of her older book is called "Snitching: Criminal Informants and the Erosion of American Justice"
In this episode, Alexandra and I discuss a phenomenon that's rarely encountered outside of shows like The Sopranos and The Wire, which is the use of criminal informants in the American justice system. Not all countries allow cops and prosecutors to reduce an accused criminal sentence in exchange for his cooperation and other investigations. However, Alexandra argues that most local and state agencies in America are allowed to do this with no documentation and no transparency. We talk about the advantages as well as the flaws of this system. We discuss the risk of informants giving false information or even planting evidence to reduce their own sentences. We talk about the triangular relationship between cops, informants, and prosecutors. We talk about the secretive nature of the informant system and how that prevents academics from studying it. I also press Alexandra on whether her proposal for transparency in the informant system would hinder the cops' ability to solve violent crimes and protect unsafe neighborhoods.
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