Maine Caution as to Cooperating Witness/Accomplice/Paid Informant is a legal warning given to a criminal defendant in the state of Maine when a witness or informant has been promised leniency in exchange for their testimony or information. It is intended to alert the defendant that the testimony of the witness or informant may be unreliable or biased. The warning is typically given during jury instructions and can take several forms. The most common type of Maine Caution as to Cooperating Witness/Accomplice/Paid Informant is the general caution. This warning informs the jury that the testimony of a cooperating witness or informant may not be trustworthy and that the defendant should consider the circumstances of it before reaching a verdict. Another type of Maine Caution as to Cooperating Witness/Accomplice/Paid Informant is the specific caution. This warning informs the jury that the testimony of a specific cooperating witness or informant may not be trustworthy and that the defendant should consider the circumstances of it before reaching a verdict. The third type of Maine Caution as to Cooperating Witness/Accomplice/Paid Informant is the enhanced caution. This warning informs the jury that the testimony of a cooperating witness or informant may be especially unreliable and that the defendant should be particularly cautious when considering it before reaching a verdict.
Maine Caution as to Cooperating Witness/Accomplice/Paid Informant
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FAQ
Class E crimes carry a maximum penalty of a fine of up to a $1000 and/or a jail sentence of up to 180 days of jail. It is the class used for the least serious offenses like operating on a suspended license, disorderly conduct and theft under $1,000. Along with Class D crimes, these charges are typically misdemeanors.
An informant is only eligible for participation in the Witness Security Program if he/she is also a bona fide witness as defined in 18 U.S.C. 3521, et seq. Please note that merely requiring an informant to testify with the intent that he or she might become eligible for the Program is not sufficient qualification.
The general rule is that the prosecution doesn't have to disclose the identity of a confidential informant. However, this rule has many exceptions; if a criminal defendant can show the importance of the CI's identity to the case, it may be possible to find out who's been talking to the cops.
If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Criminal defense attorneys have a host of tools to do this.
No, the identity of informants are not public record. If CI's were public record, it would put their lives in danger and the lives of their loved ones. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial.
Reliability. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed.
INFORMANTS MUST GIVE THEIR CORRECT NAMES AND ADDRESSES AT TRIAL TO ESTABLISH CREDIBILITY ONLY IF THEIR TESTIMONY DIFFERS FROM THE DEFENDANT'S AND THE DEFENSE WISHES TO IMPEACH.
What Is an Informant? Again, as noted above, an informant provides information to law enforcement about someone else's possible criminal activity. An informant may be an eyewitness, or they may be relying on hearsay. Sometimes, an informant may have been involved in criminal activity.