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Selected Works

2012

Paternalism

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Full-Text Articles in Law

Brass Rings And Red-Headed Stepchildren: Protecting Active Criminal Informants, Michael L. Rich Feb 2012

Brass Rings And Red-Headed Stepchildren: Protecting Active Criminal Informants, Michael L. Rich

Michael L Rich

Informants are valued law enforcement tools, and active criminal informants – criminals who maintain their illicit connections and feed evidence to the police in exchange for leniency – are the most prized of all. Yet society does little to protect active criminal informants from the substantial risks inherent in their recruitment and cooperation. As I have explored elsewhere, society’s apathy toward these informants is a result of distaste with their disloyalty and a concern that protecting them will undermine law enforcement effectiveness. This Article takes a different tack, however, building on existing scholarship on vulnerability and paternalism to argue that …