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1. In this journal, summarize the ethical issues related to police use of deception in interrogations. Identify the legal limits on the use of deception
1. In this journal, summarize the ethical issues related to police use of deception in interrogations. Identify the legal limits on the use of deception in police interrogations, and offer your perspective on the courts' general leniency toward police deception that is "strategic" rather than "coercive." Discuss whether you agree or disagree with this leniency and identify the ethical principles that inform your perspective.
\"Strategic\" rather than \"coercive\" * The courts have been relatively lenient in allowing the police to use deception to gain confessions. * The U.S. Supreme Court has said its use must be \"strategic\" rather than \"coercive,\" but has also acknowledged that the psychological pressure that builds from police using deception can amount to coercion. * One major concern with the use of police deception during interrogation is the innocent person falsely confessing to something they did not do. Use of deception by police Police deception refers to \"[the] intention to trick others by communicating messages meant to mislead and to make the recipients believe what the agent either knows or believes . . . is true\" (Alpert & Noble, 2009, p. 238). * Police officers learn early in their careers that deception and lying are \"part of the job,\" along with justifications for doing so (see Barker, Friery, & Carter, 1994). * Police also learn that deception worksit results in arrests, supports prosecutors as they pursue convictions, and convinces juries to convict defendants. * Police also learn that deception, within certain limits, is accepted by the courts, and that the criminal justice system explicitly condones the use of deception. Use of deception during investigations '~ Because many types of crimes occur out of direct view of the police, officers use undercover operations to identify persons involved with these crimes. * These operations can vary in size, scope, length of time, and complexity, with a \"sting operation\" as one well-known example " Newman (2007) identified four common features of stings; they * (1) create an opportunityor exploit an enticementfor someone to commit a crime; * (2) target individuals and groups engaged in specific types of crime; * (3) use an undercover or hidden police officer, a surrogate, or some other deception; and * (4) include a key \"gotcha\" climax when police reveal themselves and arrests are made. Case Study 8.1 Prosecutor Ethics and the Pursuit of the Death Penalty * In the trial of the first defendant, the prosecutor's case was that Thompson alone had raped the victim and killed her to prevent her from reporting the rape to police. And that both crimes occurred before the second defendant (Leitch) returned home. In the trial of the second defendant, the prosecutor presented an entirely different theory of the crime - arguing that Leitch had been dating the victim and wanted her dead because she was interfering with his efforts to reconcile with his ex-wife; that Leitch had recruited Thompson to help kill her; and that both men were directly involved in the killing. Both men were convicted and sentenced to death for the woman's murder * Were the prosecutor's actions in the Leitch trial ethical? Why or why not? The Ethics of Prosecution ABA standards say that prosecutors should be \"zealous advocates\" who \"represent the interests of citizens in criminal matters.\" They should \"stand up for victims\" and be \"administrators of justice.\" * These standards represent ideals to which prosecutors should aspire: a noble cause of doing justice (similar to police), representing the people as zealous advocates working to gain convictions of \"bad guys\" who have caused harm to others. * However, what prosecutors really do is get people punished for violating the law. In doing so, they become the instruments by which anti-crime policies created by state legislatures are implemented. * In their everyday activities, prosecutors end up supporting the status quo and contributing to the myriad problems associated with it: overcrowded jails and prisons where inmates' needs are unmet and abuse/violence is widespread, and the collateral consequences of incarceration (Currie, 2013). Model standards for defense counsel As it did for prosecutors, the ABA created model standards for the defense counsel (see Table 8.3) Consisting of nine parts and 64 specific standards, the ABA's Criminal Justice Standards for the Defense Function cover everything from general functions/duties of defense counsel to defense attorneys' activities during post-conviction proceedings. Similar to the standards for prosecutors, the standards for defense attorneys are aspirational, meaning, they are ideals that defense attorneys should strive to achieve; they are not fixed rules. These standards relate to the broad functions of defense counsel, their relationships with clients, as well as their activities during litigation, and post-convictionStep by Step Solution
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