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What makes a prison informant a reliable source, California,

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What makes a prison...

What makes a prison informant a reliable source

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What exactly is needed to validate someone in prison as a security threat group STG ll

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
Lets say the prison system is using four factors to validate an inmate as an STG ll, a confidential informant, gang tattoo, another informant, and legal documents. What makes these informants reliable? Is their word or heresy enough to be reliable? What evidence do they need to validate an inmate using these sources in a California prison system?
Answered in 2 hours by:
12/15/2017
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Are you referring to a scenario where a prison informant's information is used to accuse someone of misconduct inside the prison, or when information is obtained and used against an accused person still awaiting trial on their charges?

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Customer reply replied 7 months ago
I'm referring to an inmate who is being accused of being an active gang member in prison. The prison system in California is trying to label him as an STG ll VALIDATED inmate. He is going to a committee which will determine if he will be validated as an STG ll. Now, they have four arguments against him being court transcripts labeling him as a gang member, tattoos, and two confidential informants that describes acts that correlate someone as part of being in a gang. Now the question is, what makes a confidential informant reliable and what discredits him? Also, is the informants word and statements good enough? How can one combat this?
Lawyer: Lucy, Esq., Attorney replied 7 months ago

The California Supreme Court has said that a confidential prison informant is considered reliable as long as the hearing officer does an inquiry as to the informants reliability and truthfulness and finds the information to be truthful.

In that case, the court noted that the California Administrative Code says that an inmate can't be disciplined based solely on informant testimony "unless other written information corroborates the informant "or unless the circumstances surrounding the event and the known reliability of the source satisfy the finder of fact that the information is true."

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

The more an officer uses an informant and their information turns out to be reliable, the more reliable they will be seen to be. He would be discredited if it could be shown that he had an ulterior motive for providing information, including a grudge against the person reported or a promise of some kind of benefit from the officer. Or if he's found to have lied.

The informant's testimony can be combatted by evidence that the information given is incorrect, including testimony the accused person and anyone else with knowledge of the situation.

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Customer reply replied 7 months ago
There is two informants and they both corroborate one another. That being said, is there any way there is a legal defense against this.....the way they corroborate is they both state that this certain inmate is involved in politics and is in control of the place but my question is how can a person be found guilty of anything just because two inmates that probably got together to have the same story and corroborate with one anotjer. Can these two informants be credible by heresy regardless if their stories match?
Lawyer: Lucy, Esq., Attorney replied 7 months ago

The way to defend against their statements is to find another witness who can testify differently. Or if there was evidence that they colluded to make up a story, that would help.

The statement of an informant isn't considered hearsay if the person's reliability can be confirmed.

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Customer reply replied 7 months ago
How do they confirm an informant to be reliable? All they have is two informants saying the same thing. The inmate has been disciplinary free and hasn't got into any trouble. He doesn't know who his accusers are and he is not allowed to confront them at all.
Lawyer: Lucy, Esq., Attorney replied 7 months ago

Again, the hearing officer has to make an inquiry to determine whether they're reliable. The fact that two people are saying that same thing helps, but they should be independently seeking other confirmation of the statements. Doing the same type of investigation police would do. Talk to other people, look for evidence, things like that.

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Customer reply replied 7 months ago
two people saying the same thing helps but is it enough to find them reliable?
Lawyer: Lucy, Esq., Attorney replied 7 months ago

Each statement should independently be found reliable.

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Customer reply replied 6 months ago
What is the time limit a prison investigation unit officer has to notify the offender of the confidential under the validation process ?
Lawyer: Lucy, Esq., Attorney replied 6 months ago

They don't have to notify the other person until they've decided to proceed with a charge.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 6 months ago

Do you have any other questions about this?

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Customer reply replied 6 months ago
This friend of mine is headed to an STG committee next week. They are going to hold a hearing establishing why they are going to recommend he get labeled as an STG ll. CDCR is going to send this information to Sacramento for evaluation and see if they decide there is sufficient evidence to validate him as an STG ll. Can he get a lawyer for that hearing or does he have to wait to see the outcome of Sacramentos decision ? Also, he is not able to bring witnesses in his favor. How must he handle this ?
Lawyer: Lucy, Esq., Attorney replied 6 months ago

I'm sorry, I was asking if you had more questions about prison informants and what made them reliable. Questions about STG hearings are not considered related to your question about prison informants. If you would like information on that topic, the terms and conditions of the site require that I ask you to rate this question positively and then open a new question page. That is the only way I get paid for the time I've spent answering your questions so far. Thank you for understanding.

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Customer reply replied 6 months ago
Everyone of my questions are directly related to a validation hearing. I think it would be sage to say in in topic. The entire reason I asked is due to a validation hearing. I would appreciate your understanding
Customer reply replied 6 months ago
Just wanted to know if a lawyer can be involved while Sacramento decides whether his client will be validated or not
Lawyer: Lucy, Esq., Attorney replied 6 months ago

I realize that your reason for asking was that a validation hearing was occurring, but your question was about how informants are determined to be reliable. Answering that question required no knowledge of or experience with validation hearings, only the rules of criminal procedure.

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Lawyer: Lucy, Esq., Attorney replied 6 months ago

In addition, you're going to want to open a new question so you can get a response from someone who is confident in the answer. I spent a significant amount of time this morning looking, and I cannot tell you whether there is a right to an attorney at the hearing. But I could talk about informants all day long.

As a subscription customer, posting on a new page costs you nothing. Just remember to rate this question positively before navigating off the page, in accordance with our honor system.

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Customer reply replied 6 months ago
Why can't you tell me? You are a certified lawyer experienced in the field of law. There has to be a lawyer involved in the process of validation to make sure our rights there isn't a violation in determining an individuals validation
Customer reply replied 6 months ago
Making sure a validation determination was processed correctly and in procedure is what I meant to say
Lawyer: Lucy, Esq., Attorney replied 6 months ago

I am a licensed attorney experienced in civil and criminal procedure. No lawyer works in every area of law (of which there are dozens). I have never worked at a STG hearing. I've been at parole hearings, but that's not the same.

I agree, yes, there absolutely should be an attorney involved. That's my personal opinion. I cannot point to any authority that says that. I don't want to guess. I want you to get the correct answer.

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