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Agreement of Understanding with Confidential Informant 2025

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The document is an Agreement of Understanding for a Confidential Informant, outlining the responsibilities and restrictions placed on the informant while cooperating with a governmental agency. It includes prohibitions against illegal activities, possession of weapons, and disclosure of information, as well as clarifications regarding the informant's legal status and potential consequences for violations.

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What is the Confrontation Clause in simple terms?

United States v. Sullivan, 70 M.J. 110 (the Confrontation Clause preserves the right of an accused to be confronted with the witnesses against him; this right includes the right to cross-examine witnesses, including on issues of bias and credibility).

What makes a CI not credible?

The first consideration is whether or not the informant is truthful or has a reputation for telling the truth. The personal record of the confidential informant, including their own criminal case and their involvement in previous prosecutions, will influence if the courts can view them as truthful.

What is an exception to the Confrontation Clause?

Generally, the only exceptions to the right of confrontation that the Court has acknowledged are the two that existed under common law at the time of the founding: declarations made by a speaker who was both on the brink of death and aware that he was dying, and statements of a witness who was detained or kept

Do confidential informants have to tell you?

The general rule is that the prosecution doesnt 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 CIs identity to the case, it may be possible to find out whos been talking to the cops.

What are the confidential informant guidelines?

The Confidential Informant Guidelines permit the FBI to authorize confidential informants to engage in activities that would otherwise constitute crimes under state or federal law if engaged in by someone without such authorization. Such conduct is termed otherwise illegal activity or OIA.

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What happens if a confidential informant refuses to testify?

What happens if the informant/witness refuses to testify? No witness can refuse to testify if lawfully subpoenaed. That is, they can, but they will be prosecuted for criminal contempt.

What right does the Confrontation Clause guarantee to a defendant?

In criminal cases, there is an inherent problem using hearsay against a criminal defendant. It seems on its face to violate the confrontation clause of the Sixth Amendment, which guarantees that the defendant shall have the right to confront the witnesses against him.

What is the confrontation clause of a confidential informant?

A State violates a defendants rights under the Confrontation Clause when the State elicits law enforcement testimony regarding statements made to law enforcement by a confidential informant.

Agreement of Understanding with Confidential Informant 2025

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What is the Confrontation Clause in simple terms?

What makes a CI not credible?

What is an exception to the Confrontation Clause?

Do confidential informants have to tell you?

What are the confidential informant guidelines?

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What happens if a confidential informant refuses to testify?

What right does the Confrontation Clause guarantee to a defendant?

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