Reference no: EM13470730

The defendant, who was charged with a robbery and murder, was placed in a jail cell with a police informant. The informant overheard the defendant make incriminating statements that he passed on to the police.

• Can the informant appear as a witness and testify about the statements he heard if he took no action other than merely listening to what the defendant had to say? Explain.
• Should the evidence of the defendant's statements be admissible if there was a prior arrangement with the police to put the informant in a position where he could overhear the defendant's statements? Explain.
• If the informant "deliberately elicited" the statements from the defendant by questions and conversation should the evidence be admissible? Explain.