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(California) Law requires corroboration of cellmate's testimony

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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 09:53 PM
Original message
(California) Law requires corroboration of cellmate's testimony
Source: San Francisco Chronicle

(08-01) 17:05 PDT SACRAMENTO -- Testimony by jailhouse informants will no longer be enough to convict criminal defendants in California under hotly contested legislation signed today by Gov. Jerry Brown.

SB687 by Sen. Mark Leno, D-San Francisco, applies to cases in which an inmate, often in exchange for leniency, testifies that a cellmate confessed to a crime. The bill, effective next year, will require prosecutors to corroborate that testimony.

Similar laws are in effect in 17 other states. But Gov. Arnold Schwarzenegger vetoed the same proposal twice at the urging of the California District Attorneys Association, which also opposed Leno's bill.

The prosecutors' group argued that there was no need for such a law, since judges already tell juries to consider an informant's testimony with caution. The association also said a ban on uncorroborated informant testimony would make jailhouse crimes harder to prosecute.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/01/BAEG1KI25B.DTL
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 10:53 PM
Response to Original message
1. If retroactive 1000s serving life will be freed
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 11:11 PM
Response to Original message
2. K&R!
So sad that prosecutors will have to work harder. I hear they want to do away with the exclusionary rule, too. That pesky fourth amendment, always getting in the way of a good conviction ratio.

:sarcasm:
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buckrogers1965 Donating Member (515 posts) Send PM | Profile | Ignore Tue Aug-02-11 12:53 AM
Response to Original message
3. Heresay.
It's not legal.
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rpannier Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-02-11 01:46 AM
Response to Reply #3
4. IT's not hearsay
Hearsay is when I say, "Mike told me he heard Jon say he killed Tom."
Mike told me, "I killed Tom." is not hearsay
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buckrogers1965 Donating Member (515 posts) Send PM | Profile | Ignore Tue Aug-02-11 05:37 AM
Response to Reply #4
5. No.
Hearsay is when I say someone said something.
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