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May 31, 2008 -- Tallahassee Democrat (FL)

OpEd: Rachel's Law Offers Plenty To Consider

By Irv Hoffman (Rachel Hoffman's Father)

Return to Drug War News: Don't Miss Archive

My daughter, Rachel Hoffman, was a 23-year-old graduate of Florida State University who gave her life working under cover for the Tallahassee Police Department. The details of this event are still being investigated. But my meeting next week with state Sen. Mike Fasano about Rachel's Law concerns the process of becoming an undercover informant and preventing another vulnerable person whose judgment may be impaired or is under duress from being treated as expendable, then murdered.

Undercover informants are often addicted, young, frightened, vulnerable people who are looking at the ruin of their life and the threat of prosecution, and often they will do anything. Informants, civilians working under cover, are not being treated as helpers of law enforcement but as tools of law enforcement, tools of law enforcement that may at times be treated as expendable.

These are the qualities of informants:

* Already addicted or having difficulties with substance abuse and self-control, which means that their mental thought process is already impaired.

* Desperate to clear their record and desperate to avoid any jail time or pending charges, so these people are very vulnerable and easy to persuade.

* Often times they may have an immature/idealistic view of authority figures that would put them in a position to think they are safe and protected.

* Never taught any law-enforcement skills, never trained to work at this level of emotional intensity or qualified for this type of work.

* Not trained to respond to or recognize unplanned dangers and contingencies.

Because of these facts, precautions or laws need to be put into place. There certainly need to be consequences and accountability for those individuals charged with substance abuse or possession. However, the actions to reduce the consequences need to correspond to the level of their crime and never should include death.

These are questions to consider:

* Should the client's attorney be notified or, if the client has no legal representation, should the client be offered counsel with a public defender, family member or mental-health professional to give the client options or a second opinion to offer a more objective view of the situation?

* Should a mental-health professional screen the client to assess his or her mental capacity and judgment before participating in this potentially lethal situation? The clients should never be treated as if they are expendable.

* When knowing a gun is involved, never use a civilian. Civilians are not trained in the use of firearms, and they are easy prey to something going wrong.

* How do we obtain information that protects the clients from the felons they will be facing and better ensure their safety?

* If the clients are involved in a drug diversion program, would it not make sense to understand that their judgment is already impaired and they would need advice from an attorney, mental-health professional or family member while being offered the option and making the decision of working under cover?

* Should we not clearly define what the informants would receive for putting their life on the line as informants, regardless of the outcome? For example, in the case of my daughter, Rachel Hoffman, she put her life on the line to clear her record, and upon her death her record was exploited and made public versus being expunged, as promised. Recently, another Florida parent shared with me the story of their child agreeing to go under cover to expunge her record. The police wired her and wanted a confession on tape, and when they did not receive the confession on tape, she was placed right back into jail without any regard for the risk she had taken, making a statement that her risk and cooperation meant nothing. Again, she, as an informant, was treated as expendable.

* Should we not create an advocate program for informants that could make sure that all the steps above are carried out before the informants agree to enter into the process?

Also visit our "Informants: Resources for a Snitch Culture" section.

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