The ‘ Mr. Big’ Scenario
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The document discusses the "Mr. Big" police interrogation technique where undercover officers pose as criminals to gain a suspect's confession. It summarizes that the technique circumvents protections against coercing unreliable confessions and obtaining evidence unfairly. Critics argue it allows police to sidestep safeguards and obtain confessions through any means without detaining suspects. False confessions are common results and can lead to wrongful convictions even when retracted. The document concludes that admitting such confessions as evidence at trial would violate the Canadian Charter of Rights and Freedoms.
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discipline; the arbitrator therefore ordered him returned to full duty. Eventually the case found its way to the
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that a court might set aside an arbitration award if the arbitration award creates an explicit conflict with other
laws and legal precedents.4 The effect of this public-policy decision in Washington State is that if officers are
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dominant public policy. To make such a finding, the court had to point to some case or statutory law that
created such a public policy. The Washington court turned to Brady without articulating the extensive case law
supporting its position.
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Justice practiced with selective outrage solicits injustice and disregard for itself through blatant tolerated improprieties. The process contaminated by selective exclusions of violations corrupts the integrity of legal accountability for all.
CHAPTER 6Discretion and DilemmasLecture Slides p
CHAPTER 6:
Discretion and Dilemmas
Lecture Slides prepared by Cheryn Rowell
*
Frequent and unavoidableNot academicAlways unpopular with some groupsUsually resolved quicklyDealt with aloneInvolves complex criteria
Moral Dilemmas of
Law Enforcement Officers
Klockars’ Types of ControlAuthority and power-police officers generally tells us what to do and we respond.
Persuasion-authority that officers use in order to coerce in a nonphysical manner.
Physical force-officers use whatever physical methods to control the situation.
Discrimination
Occurs when a discretionary decision-maker treats a group or individual differently from others for no justifiable reason.
Sexual orientationRaceNational originOther?
*
Forms of Discrimination
Enforcing the law differentially
Withholding the protection of the law
Greater disrespect
Greater use of force
Racial profiling
Greater use of pretext stops
*
Racial Profiling
Occurs when an officer uses a “profile” to stop a driver usually to obtain a consent to search for a vehicle. Minorities are highly targeted based on the assumption that they are more likely to commit criminal acts.
*
Complete fragments, flesh out points
Law and Racial Profiling
US v. Martinez-Fuerte, 425 U.S. 931 (1976)
Legitimized the use of race as a criterion in profiles.
Wren v. US 517 U.S. 806 (1996)
Pretext stops upheld.
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Reactive InvestigationAttempts to reconstruct a crime after it occursConsists of gathering evidence to identify and prosecute the offenderInvestigator(s) may develop early prejudice about likely perpetrator, which might cause them to:
- be tempted to engage in noble-cause corruption to obtain a conviction;
- ignore or conceal evidence that contradicts their beliefs;
- overstate existing evidence; and/or
- manufacture or alter evidence.
*
Proactive InvestigationAttempts to document crime as it occursRequires a more active police roleOften involves deception by policeRequires “targeting” based on reasonable suspicion Changes police role from discovering who has committed a crime to discovering who might commit a crime
*
Typology of LiesKlockars:
- Placebos, such as lying to a person about how a loved one was killed
- Blue lies, used to control a person and make the police officer’s job easier
Barker and Carter:
- Accepted lies, such as those used during undercover investigations or sting operations
- Tolerated lies, “necessary evils” such as lying during interrogations
- Deviant lies, such as false testimony in court to make a case, or covering up police wrongdoing
*
Informants
Individuals who are not police officers but assist police by providing information about criminal activity.
They are:
Motivated by monetary profit, revenge, dementia, kicks, a need for attention, repentance (guilt), and coercion.
Able to operate under fewer restrictions than police.
*
...
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Based on your readings, literature, and/or the Fraud Examiners Manual analyze the case and include the following in your discussion:
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Analyze the internal controls of this company for "red flags".
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In law school, we were taught that when representing a person accused of committing a crime, we're never to ask, “did you do it?” From “innocent until proven guilty” to “representation for all,” the axiom was not to know whether the client “did it,” but instead to protect the rights of the accused, even if they did do it. While this ideology is arguably consistent with the will of our forefathers, recall that the context is criminal defense. What's more, the ideology is not without obvious limits in its application, criminally or civilly. Based on my personal experience, many civil lawyers honor the principle of “don't ask, don't tell” to an extreme--and in so doing, have exceeded the limits and crossed the boundary line of ethical conduct.
Before digging too deep into the ethics, though, let's consider a particular criminal defense attorney. The case was an involuntary bankruptcy under §303, and my creditor client successfully obtained the appointment of a gap trustee, more elusive than The Loch Ness Monster herself. The gap trustee and my client then secured an ex parte order for an unannounced inspection of the target's offices. After forcing the target and his staff out the door for a spell, the target hurriedly brought in both bankruptcy and criminal defense counsel. At the conclusion of the hearing that resulted in the denial of a motion to reconsider the judge's order to allow the inspection, the just-hired criminal defense counsel quipped in the hallway outside the courtroom, “sheesh, I guess you guys don't have due process in bankruptcy courts.”
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confessions, and admissions to prove guilt is controversial. The United States Supreme
Court has recognized that admissions are highly suspect when relied upon alone to
obtain a confession. The Court stated, in Escobedo v. Illinois (1964),4 that a “system
of criminal law enforcement which comes to depend on the ‘confession’ will, in the
long run, be less reliable and more subject to abuses than a system which depends on
extrinsic evidence independently” obtained through other law enforcement practices.
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were made voluntarily. The early basis for excluding involuntary confessions was the
Due Process Clauses of the Fifth and Fourteenth Amendments.5 Eventually, federal
defendants could seek to have confessions suppressed if they were not taken before a mag-
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two Supreme Court cases.6 The rule was not constitutionally based. Instead, the Court
announced the rule in its supervisory role over the nation’s federal courts. While the rule
of quick presentment of arrestees to judges had existed at common law and had been
codified by Congress, there was no remedy for violations. Accordingly, the Court held
that confessions that occurred after unreasonable delays should be excluded. Congress re-
acted to McNabb-Mallory and Miranda by enacting a statute that permits the admission
of a confession so long as it was voluntarily given. Another section provides that regardless
of any delay in presenting a suspect to a judge, a confession shall be admitted if obtained
within 6 hours of arrest. In Corley v. United States, 556 U.S.—(2009) it was held that if
there is a delay in presenting a suspect to a judge longer than 6 hours, the old McNabb-
Mallory exclusionary rule applies if a delay is found to be unreasonable.
Today, interrogations, confessions, and admissions are governed by these rules, as
well as two broader rights: the Fifth Amendment right to be free from self-incrimina-
tion and the Sixth Amendment right to counsel.
Miranda
By virtue of popular television and films, the Supreme Court case Miranda v. Arizona,
or at least the “Miranda” warnings that are a product of that case, is one of the best
known judicial decisions of our time.
[The Supreme Court consolidated appeals from
several individuals who had been convicted at trials
where their confessions were entered into evidence.
Ernesto Miranda, for whom the case is named,
was arrested for rape and kidnapping. He was
interrogated at a police station. He was not advised
of his constitutional rights, he never requested to
see .
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The ‘ Mr. Big’ Scenario
- 1. THE ‘MR. BIG’ SCENARIO Is It A Dirty Trick?