QUESTION

Does a prosecutor always have to turn over the name of a confidential informant to the defense?

Asked on Aug 05th, 2005 on Criminal Law - Tennessee
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Does a prosecutor always have to turn over the name of a confidential informant to the defense?
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Generally, the prosecutor only has to disclose the identity of a confidential informant if the information would be relevant or helpful to the defense - such as if he or she was an eye or ear witness to or a participant in the alleged crime, or otherwise could help the defendant establish a defense to the charged offense. In Tennessee, where you are from, the state Supreme Court has ruled that a defendant has no constitutional right to require disclosure of the informant's identity, and the decision is left to the discretion of the trial court. In making the determination, the Court balances the public interest in having people come forward with evidence of crimes on the one hand, and the defendant's need for the information to present his defense on the other. If the prosecutor argues that the informant's safety would be in danger by disclosing his or her identity, the court can may a private examination of the informant in the Judge's chambers as an alternative to denying disclosure.
Answered on Aug 05th, 2005 at 12:16 AM

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