Can an informant be motivated to inform on a defendant by a promise of leniency?

California, United States of America


The following excerpt is from People v. Williams, 16 Cal.4th 153, 66 Cal.Rptr.2d 123, 940 P.2d 710 (Cal. 1997):

Defendant points out that Cox spoke with prosecutors more than once, that he informed on defendant and that he subsequently received what appears to have been favorable treatment as to various penalties. We have not found such circumstances sufficient to support a conclusion that an informant was motivated to inform by prosecutorial promises of leniency. (See People v. Pensinger (1991) 52 Cal.3d 1210, 1249-1250, 278 Cal.Rptr. 640, 805 P.2d 899.) In Pensinger, we observed: "[The inmate-informant]'s housing arrangement had nothing to do with any hope of eliciting information from defendant.... [N]o officer ever promised [the inmate-informant] any benefit. No one asked him to perform any service. The police simply made use [16 Cal.4th 205] of [the inmate-informant]'s own motivation to inform on defendant, a technique we found not to be a knowing subversion of the defendant's right to counsel...." (People v. Pensinger, supra, 52 Cal.3d at p. 1250, 278 Cal.Rptr. 640, 805 P.2d 899, citing People v. Whitt (1984) 36 Cal.3d 724, 742-743, 205 Cal.Rptr. 810, 685 P.2d 1161.)

Other Questions


What is the test for making a reasonable grounds for arrest within a police department by one officer transmitting information purportedly received from an informer to another officer who had not received such information? (California, United States of America)
Is a confession involuntary if it was motivated by a promise of leniency or benefit to the accused? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Can a defendant withdraw his guilty plea because of the information provided by confidential informants who cooperated against him? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Does a defendant have to meet with a juror to determine whether a defendant has made a sufficient showing of misconduct on a request to disclose juror information? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there any case law where police officers have been accused of making false promises about leniency to defendants? (California, United States of America)
Does a confession motivated by a promise of leniency constitute an involuntary confession? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.