Deception by Law Enforcement Officers Term Paper

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Deception has been utilized as one of the most valuable tools in investigative processes by law enforcement officers. This tool has been utilized in the criminal justice field for more than a century because of the view that its useful in helping investigative officers in uncovering the truth. As a result, investigative officers commonly utilize deception to conduct investigations, interrogations and in the testimonial process to help uncover the truth relating to the case/issue being investigated. However, the use of deception by investigating officers during investigation, interrogation and in the testimonial process has generated significant ethical concerns. Actually, this practice has generated two juxtaposing ethical behaviors that are characterized with significant ethical concerns in the criminal justice field. Investigative officers are encouraged and allowed to use deception and lie when carrying out investigations and interrogations in order to uncover the truth and eventually seek justice. This paper examines the ethics of deception by investigating officers with respect to the difference between deontological and ontological ethics.

Ethics of Lying

The use of deception by investigative officers during investigations, interrogations, and testimonial processes is an age-old practice in the criminal justice field. These officers are permitted and encouraged to use deception and lie in order to uncover the truth that will help in delivery of justice by the criminal justice system. This practice obtained significant relevance in the United States in 1969 in the Supreme court’s ruling in Frazier v. Cupp, a case that involved the interrogation of a homicide suspect. During the interrogation, the investigative officer lied to the homicide suspect that an accomplice has already implicated him in the murder. Due to the lie, the suspect was convinced to confess to the homicide (John E. Reid & Associates, n.d.). In its ruling in the case, the U.S. Supreme Court held that the use of deceit and trickery by investigative officers during investigations and interrogations is permissible as long as it does not shock the court’s or community’s conscience. Moreover, the Court ruled that such trickery and deceit is allowed based on the totality of the surrounding circumstances and events.

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In the modern criminal justice system, investigative officers are not permitted by courts to use deception and lie, but are also trained to do that. Modern investigative officers can engage in deception to obtain the truth through using various techniques like undercover agents, wiretaps, and informants.

Even though the use of deception and lying remains an age-old practice in the criminal justice system, it has raised numerous ethical concerns. The major ethical issue/concern surrounding this practice is whether it’s ethical to lie or use deception to obtain the truth and whether the end justifies the means in that case. The ethical approach adopted by many people in the society is absolute moral rules in which lying is considered as unethical and unacceptable. However, absolute moral rules are not applicable in all situations because such rules could be utilized to harm others. For instance, if telling the truth would cause severe injury or death of another, lying could be considered acceptable because it would help save a life. Absolute moral rules are based on deontological ethics, which is based on the belief that why and how you do something is more important than its results (Bayley, 2010). In this regard, it would be unethical to lie to obtain the truth since lying is morally wrong and unacceptable.

However, ontological ethics provides a different perspective since its based on unity between the real and the ideal. In this regard, ethical decisions are made based on reason and to unite the real and ideal. In this scenario, the ideal thing would be for investigative officers not to lie or use deception. However, the real scenario is that the use of deception or lie by these officers help in obtaining the truth and ensuring justice is delivered. Therefore, it is ethical for investigation officers to use deception or….....

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