NCJ Number
14912
Journal
Southern California Law Review Volume: 47 Issue: 4 Dated: (AUGUST 1974) Pages: 1575-1636
Date Published
1974
Length
62 pages
Annotation
THESIS THAT PROGRAMS AWARDING CASH PAYMENTS FOR INFORMATION LEADING TO THE CONVICTION OF DRUG PUSHERS CREATE SERIOUS POTENTIAL DANGERS TO THE RIGHTS OF SUSPECTED DRUG PUSHERS.
Abstract
THE AUTHOR SUGGESTS THAT THESE POTENTIAL DANGERS MAY BE MITIGATED BUT NOT ELIMINATED BY: (1) LIMITING BOUNTY HUNTERS' PRIVILEGES IN DEFAMATION ACTIONS AGAINST THEM; (2) EXCLUDING FROM ALL COURTS ANY EVIDENCE ILLEGALLY OBTAINED BY A BOUNTY HUNTER; (3) REQUIRING ACQUITTALS OF PERSONS ENTRAPPED BY BOUNTY HUNTERS INTO POSSESSING DRUGS; AND (4) REQUIRING THE 'INFORMER'S CHARGE' TO THE JURY IN ANY TRIAL IN WHICH A BOUNTY HUNTER HAS TESTIFIED. THE MECHANICS OF DRUG BOUNTY PROGRAMS ARE OUTLINED AND THE DANGERS POSED BY THEM ARE POINTED OUT. ALSO DISCUSSED IS HOW THE EFFECTIVENESS OF THE PROPOSALS SUGGESTED IN THIS NOTE MIGHT VARY ACCORDING TO WHETHER THE BOUNTY PROGRAM IS PUBLIC OR PRIVATE AND WHETHER OR NOT THE PROGRAM SEEKS TO OFFER COMPLETE ANONYMITY. THE LEGAL REMEDIES FOR PERSONS HARMED BY BOUNTY PROGRAMS ARE ALSO CONSIDERED. THESE REMEDIES INCLUDE FILING SUIT FOR DEFAMATION, MOVING TO HAVE ILLEGALLY OBTAINED EVIDENCE EXCLUDED, AND ARGUING ENTRAPMENT AS A DEFENSE. THE PURPORTED BENEFITS OF BOUNTY PROGRAMS - DECREASE IN DRUG ABUSE AND AN IMPROVEMENT IN CITIZEN ATTITUDES TOWARD DRUG PROBLEMS - ARE VIEWED IN LIGHT OF THE COSTS OF SUCH PROGRAMS. THESE INCLUDE THE ALREADY MENTIONED SOCIAL COSTS OF DEFAMATION, ILLEGAL SEARCH AND SEIZURE, ENTRAPMENT, AND FALSE TESTIMONY AS WELL AS THE OPPORTUNITY COSTS TO SOCIETY OF NEGLECTING OTHER ACTIVITIES, THE DIRECT HARM TO REHABILITATION PROGRAMS, AND THE ADVERSE PSYCHOLOGICAL CLIMATE OF HAVING A WIDESPREAD CITIZEN INFORMANT SYSTEM. (AUTHOR ABSTRACT MODIFIED)