An Unyielding Pursuit of the Truth
This concludes my series on the use of deceptive practices in the investigation of crime. If you are just coming along here, I invite you to read the first four parts.
After all of this discussion, there remains one question still hidden amidst the smoke and clouds; when and to what extent does the morally good end justify an ethically, morally or legally dangerous means for its achievement? What is clear is that the answer is going to depend heavily on the perception of the person asking the question but even more so the discernment of the person who has to answer it.
Although seduction is a highly effective tool, it is one that leaves no room for error. It is way too easy to cross over to the dark side. It’s been my experience that those who use this tool constantly find themselves in court defending against any evidence obtained as a result of its use. This is also a favorite of defense attorneys whose modus operandi is to sling shit at the wall and see what sticks. You have been duly warned.
Entrapment, provided that it is used correctly, is a highly valuable tool. However, it must be treated like an addictive substance. When it is used too often, it becomes easier and easier to push the edge of the envelope. It’s almost a guarantee that that anytime this tool is used, one can expect a subpoena for a suppression hearing.
Deception is the most commonly used of the three; it is easy and it is effective. When using this tool, the investigator must take care to ensure that they are not getting confessions from innocent people.
Police departments live or die on the opinion of the public that they serve. When illegal acts are perpetrated by the police, the public will inevitably find out. Care must be taken when these tools are employed because loss of credibility for the officer and for their department is way too high a price to pay. In July of 1997, the Salt Lake Tribune published a story about police misconduct which said the following: (The original archived story is no longer available on line)
“Police, by fabricating a story about witnesses and publicly implicating a suspect to flush out new evidence, have undermined their own credibility and the public trust essential to their position. Besides blemishing its own reputation with its own residents, the North Salt Lake Police Department has called into question the accuracy of information supplied by other law enforcement agencies in the state.”
This is a great example of the misuse of deception and its long term effect. In this particular case, the actions of the Salt Lake Police not only affected their department, but every department in the state.
Article 4 of the Canons of Police Ethics is very specific with regard to using illegal means.
“The employment of illegal means, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be honored, it must be by those who enforce it.”
In the end, it falls upon the investigating officer to make the choice.
Choose wisely!
What’s Being Said?