BBC article: Problem with using “snitches”

The BBC has put out an interesting article (by Rob Walker) on the problems of using accused/convicted persons as police informants. It focuses on US practice, specifically the plea bargain process and the cutting of prosecutorial deals. However, the article’s observations are also relevant for countries where accused persons may be “incentivised” to provide the police or prosecution with apparently useful information in exchange for a lower sentence.  For example,  2012 amendments to Singapore’s Misuse of Drugs Act, which used to impose a mandatory death sentence for drug trafficking, now gives judges the discretion to impose life imprisonment instead of the death penalty if certain conditions are fulfilled. One of these conditions is that the Public Prosecutor “certifies to any court” that “in his determination” the accused person has “substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore”.  In such situations, the accused person has an incentive to provide the police or prosecution with information even if he/she does not have any. To avoid wrongful convictions based on the manufacture of false information by accused persons, there needs to be clear regulations and an oversight system put in place. These should be accessible to those who may be wrongly accused, so as to enable their defence or requests for review, as well as the general public to ensure continued confidence in the system.