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.
A New York Motion to Disclose Confidential Informants — Release is a legal request made by a party involved in a criminal case in the state of New York to acquire the disclosure of confidential informants' identities and related information. This motion plays a significant role in ensuring transparency and fair proceedings within the criminal justice system by allowing the defense to investigate, challenge, and impeach the credibility of confidential informants. Confidential informants are individuals who provide insider information to law enforcement agencies regarding criminal activities. They often do so while maintaining their anonymity to protect their safety and prevent retribution from those they inform on. However, the defense may argue that the disclosure of a confidential informant's identity is essential for the fair administration of justice. There are different types of motions to disclose confidential informants in New York, depending on the circumstances of the case and the information sought. These can include: 1. General Motion to Disclose: A motion filed by the defense seeking the disclosure of all confidential informants involved in the case, along with their identities, criminal records, past cooperation history, and any other relevant information. 2. Specificity Motion to Disclose: This motion requests the disclosure of a specific informant's identity, along with information directly relevant to the case. The defense needs to provide a compelling reason for the court to order such disclosure. 3. Witness Credibility Motion: In some cases, the defense may question the credibility of a witness due to their status as a confidential informant. This motion seeks the disclosure of specific information, like the informant's criminal history, prior instances of false testimony, or inducements for cooperation. 4. Brady/Giulio Motion: This motion is based on the Supreme Court cases Brady v. Maryland and Giulio v. United States, which established the prosecution's constitutional obligation to disclose any evidence which may be favorable to the defense. If the confidential informant possesses any such evidence, this motion requests its disclosure. 5. In-Camera Inspection Motion: This motion asks the court to review the confidential informant's identity and related documents privately, without disclosing them to the defense, to determine their relevance or importance to the case. It's important to note that the court will assess the motion based on several factors, including the informant's degree of involvement, the relevance of their identity to the defense, the potential harm to the informant or ongoing investigations if disclosed, and the overall interests of justice. In summary, a New York Motion to Disclose Confidential Informants — Release is a legal tool used in criminal cases to compel the disclosure of confidential informant identities and pertinent information. These motions aim to ensure fairness, transparency, and the protection of defendants' constitutional rights within the state's criminal justice system.A New York Motion to Disclose Confidential Informants — Release is a legal request made by a party involved in a criminal case in the state of New York to acquire the disclosure of confidential informants' identities and related information. This motion plays a significant role in ensuring transparency and fair proceedings within the criminal justice system by allowing the defense to investigate, challenge, and impeach the credibility of confidential informants. Confidential informants are individuals who provide insider information to law enforcement agencies regarding criminal activities. They often do so while maintaining their anonymity to protect their safety and prevent retribution from those they inform on. However, the defense may argue that the disclosure of a confidential informant's identity is essential for the fair administration of justice. There are different types of motions to disclose confidential informants in New York, depending on the circumstances of the case and the information sought. These can include: 1. General Motion to Disclose: A motion filed by the defense seeking the disclosure of all confidential informants involved in the case, along with their identities, criminal records, past cooperation history, and any other relevant information. 2. Specificity Motion to Disclose: This motion requests the disclosure of a specific informant's identity, along with information directly relevant to the case. The defense needs to provide a compelling reason for the court to order such disclosure. 3. Witness Credibility Motion: In some cases, the defense may question the credibility of a witness due to their status as a confidential informant. This motion seeks the disclosure of specific information, like the informant's criminal history, prior instances of false testimony, or inducements for cooperation. 4. Brady/Giulio Motion: This motion is based on the Supreme Court cases Brady v. Maryland and Giulio v. United States, which established the prosecution's constitutional obligation to disclose any evidence which may be favorable to the defense. If the confidential informant possesses any such evidence, this motion requests its disclosure. 5. In-Camera Inspection Motion: This motion asks the court to review the confidential informant's identity and related documents privately, without disclosing them to the defense, to determine their relevance or importance to the case. It's important to note that the court will assess the motion based on several factors, including the informant's degree of involvement, the relevance of their identity to the defense, the potential harm to the informant or ongoing investigations if disclosed, and the overall interests of justice. In summary, a New York Motion to Disclose Confidential Informants — Release is a legal tool used in criminal cases to compel the disclosure of confidential informant identities and pertinent information. These motions aim to ensure fairness, transparency, and the protection of defendants' constitutional rights within the state's criminal justice system.
