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40 A.B.A. J. 603 (1954)
Elevating the Role of the Informer: The Value of Secret Information

handle is hein.journals/abaj40 and id is 603 raw text is: Elevating the Role of the Informer: The Value of Secret Information by M. William Krasilovsky - of the New York Bar (New York City) * There is a general dislike of informers in our society. From the tattle-tale in grammar school to the stool pigeon graduate of Alcatraz and Sing Sing, the informer is disliked and distrusted. Mr. Krasilovsky argues that this is unfortunate and that informers play a vital role in our efforts to combat crime and preserve our national security. 1 Public disdain for the role of in- former has long been predominant. Strongly rooted in our customs, im- bued from childhood, is the social rejection of the snitcher. I'll punish John for taking the candy, but I'll punish you doubly for telling on him is familiar to us all. The adult informer of criminal or disloyal be- havior usually is equally rejected, but the childhood world, where one must choose his side as either with the cops or the robbers, points up the adult passivity in the war on crime. The mass of Americans sit passively in a neutral group and leave crime detection to the pro- fessionals. We reserve our plaudits for the professional who uncovers crime, be he policeman or district attorney, but let not the volunteer informer seek acclaim, for he is no more than a meddler. The problem of public acceptance of the informer has been illustrated by two recent events standing in striking juxtaposition. The United States Senate voted to pay a reward of over $16,000 to an informer whose tip resulted in the conviction of a major gold smuggler, and in the same week, a story of prison life was published by one whose refusal to be an informer under congressional subpoena resulted in her sentence to prison for contempt. The financial reward to the informer and the pun- ishment of the recalcitrant witness is playing an ever-increasing role in American life warranting the grow- ing attention. Justice Douglas has sounded a warning against a growing under- ground of informers operating in secrecy and with anonymity, and providing hazard not only to the ac- cused individual but to all the coun- try. His criticism, aimed more at the use of low quality information than at those who supply it, reads as fol- lows: •.. the cloak of anonymity is thrown over a growing underground of in- formers. As that secrecy mounts, the reliability of the information obtained must necessarily decline. One who is not put to the test of an oath; who need not face his victim with the charge, one who need not suffer the torment of cross examination, can be- come quick and restless with his ac- cusations. The consequences are not only disastrous to the individual; they reflect upon the tribunal which ad- ministers the system.1 A contrary view of the value of secret sources of information, partic- ularly as regards the application of such informer assistance to the New York Parole Board, was expressed in a recent opinion. Justice Isadore Bookstein, of the New York Supreme Court, ruling on an application to order the Parole Board to divulge the names of intercedents on behalf of a convict seeking parole, stated: It should be obvious to all that the impartial and intelligent discharge of their duties by the Board of Parole -requires it to obtain information which in many instances it can only obtain upon the assurances that such information is confidential. The en- tire penal and parole system would surely be jeopardized by violating such a well established principle.2 The role of informer is assumed for greatly variant purposes ranging from a sense of civic responsibility to a calculated expectation of reward. Arnold Schuster, who pointed out Willy Sutton, is an example of the altruistic informer, while Anna Sage, who informed the F.B.I. of Dillin- ger's whereabouts, is reported to have 1. Address to the American Law Institute, May 20. 1953. 2. The New York Times, October 30, 1953, page 1. July, 1954 • Vol. 40 603

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