Unfairness of "Testifying Down"; Mob Boss's Great Suspense....

Mob Boss: The Life of Little Al D'Arco, the Man Who Brought Down the Mafia includes an anecdote about the "testify down" strategy used in mob trials. In two recent cases in Brooklyn, the government used cooperating witnesses who were"big fish"—meaning they had admitted to more serious crimes than the charges faced by the people they were testifying against. D'Arco in only surveillance photograph. This is, generally speaking, the opposite of how cooperating witnesses are supposed work. Usually, legal experts said, the goal is to get those witnesses to admit to wrongdoing, cooperate with the government and to walk the investigation up the ladder, obtaining evidence against leaders or those potentially engaged in more serious crimes. In exchange, on the recommendation of prosecutors, cooperators typically end up serving reduced or no prison time. "If you can only punish big or small fish you obviously want to go after the big fish, th...