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Informant Disclosure and Production: A Second Look at Paid Informants

Abstract

The use of paid informants has grown dramatically in recent years, yet little attention has been paid by the courts to the ramifications of this practice. In this article, Professor Mauet argues that prosecutors who use paid informants should have a duty to maintain contact with the informants during the pendency of the case so that the defendant has a realistic opportunity to interview the informants and subpoena them for trial. Prosecutors who fail to fulfill this duty should face sanctions. Doing less may compromise the defendant's right to a fair trial in cases where the informant's testimony could impact on the presentation of an affirmative defense.

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37 Ariz. L. Rev. 563 (1995)

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Authors

Thomas A. Mauet (University of Arizona)

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