West Des Moines Iowa Criminal Defense Law Blog

Right now, Iowa and most jurisdictions deal with drug abuse almost exclusively through law enforcement. If you're caught with a prohibited drug, or one you don't have a prescription for, you can be arrested, charged and convicted of a criminal offense. In most cases, that means you'll be incarcerated -- with little to no access to drug treatment.

There is an argument to be made, however, that law enforcement is an ineffective way to stop the use of illegal drugs. Some experts argue for a "harm reduction" approach, which essentially means providing drug users with information, support and services geared toward reducing the harm illegal drugs can cause.

Prosecutors have a legal and ethical duty not to knowingly allow perjury. If a prosecutor learns that a witness -- even a police officer -- in one of their cases lied on the stand, that prosecutor is required to notify the judge and attempt to correct the matter.

But what if a prosecutor doesn't know that the officer lied in this particular case, but does know that the officer has a history of documented misconduct, including lying under oath? The prosecutor's duty, under a U.S. Supreme Court ruling called Brady v. Maryland, is to turn over that information to the defense so that the officer's credibility can be challenged in court.

The violent crime rate in the U.S. hit a high in approximately 1990 and then began to taper off. That trend continued until 2015 and 2016, when the violent crime rate rose slightly. In 2017 and 2018, however, the violent crime rate resumed its downward trend. Now, the violent crime rate is half of what it was in the early 90s.

Crime rates are significant to criminal defense attorneys because politicians, police and prosecutors play close attention to them. When crime rates are high, it's easier to justify cracking down on potential offenders. That sometimes means acting in ways that curtail the constitutional protections guaranteed to criminal suspects and defendants.

It's a tale as old as time. Someone is arrested and held in jail before trial. Naturally, they're desperate for a friendly face or a caring voice. They spill their guts to their new friend, giving details of the crime. That "friend" contacts the prosecution offering to turn over those details in exchange for a break on their own sentence.

Using jailhouse informants is legal