What is the test for deciding whether to use an informant as a witness in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Griesemer, 8 F.3d 31 (9th Cir. 1993):
In balancing defendant's interest in preparing his defense against society's interest in protecting the flow of information, the court considers three factors: "(1) the degree of the informant's involvement in the criminal activity; (2) the relationship between the defendant's asserted defense and the likely testimony of the informant; and (3) the government's interest in nondisclosure." United States v. Gonzalo Beltran, 915 F.2d 487, 489 (9th Cir.1990).
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