One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or not the government must disclose the identity of the confidential informant sometimes turns on whether the informant is a "mere tipster" or an actually participant in the transaction.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Illinois Motion to Disclose Confidential Informants — Release is a legal document filed in Illinois courts that seeks to disclose the identity or information regarding confidential informants involved in criminal investigations. This motion is usually filed by the defense counsel to gather evidence and ensure a fair trial. In Illinois, there are two main types of motions related to the disclosure of confidential informants: (1) Motion for Disclosure of Confidential Informants and (2) Motion for Disclosure of Informant's Identity. 1. Motion for Disclosure of Confidential Informants: This type of motion aims to gain access to the information provided by confidential informants that might be useful for the defense's case. The defense wants to examine the credibility and reliability of the confidential informant's statements, as well as any potential biases or motives they may have. 2. Motion for Disclosure of Informant's Identity: This motion specifically requests the disclosure of the confidential informant's identity. This is often of utmost importance for the defense as it allows them to investigate the credibility, reliability, and potential biases of the informant. It enables the defense to challenge the informant's motives and credibility when presenting their case. When filing a Motion to Disclose Confidential Informants — Release in Illinois, the defense must provide compelling reasons why the informant's identity or information should be disclosed. They need to demonstrate that the requested information is material to the case, necessary for a fair trial, and not merely speculative or based on a fishing expedition. The defense should also argue that the public's interest in maintaining informants' anonymity should be outweighed by the defendant's right to a fair trial and the opportunity to challenge the credibility and motives of the informant. It's crucial to note that the prosecution may oppose such motions by citing concerns for the informant's safety, potential harm to ongoing investigations, or the need to preserve the effectiveness of future informants. In conclusion, an Illinois Motion to Disclose Confidential Informants — Release is a vital legal document used by the defense in criminal cases. It seeks the disclosure of confidential informant identities or information to ensure a fair trial, evaluate credibility, and challenge potential biases. The defense must provide compelling reasons to justify the disclosure, and there are two main types of related motions: one for disclosure of the informants' information and another for disclosure of their identities.
