Guidelines for police undercover work: New questions about accreditation and the emphasis of procedure over authorization

A survey of the 100 largest police departments in the United States was conducted to document the experience of police undercover operations and the existence of agency guidelines. Eighty-nine agencies responded, revealing that all 89 conduct undercover activities but only 64 have guidelines for such operations. Types of crimes investigated by police undercover operations, reasons for having or not having guidelines, and regional analyses are offered. One finding is that police undercover guidelines emphasize either procedure or authorization in undercover police work. Of the departments that have guidelines, more emphasize procedure (“how to”) than authorization (“when to”). Questions about this dichotomy and the impact of national accreditation standards are raised for future research.     

Consequences of Undercover Operations in Law Enforcement: a Review of Challenges and Best Practices

Undercover (UC) assignments are among the most stressful faced by law enforcement officers. Undercover work features isolation from colleagues and family, the necessity to adopt behaviors and false personal characteristics frequently opposite to the given officer’s beliefs and personality, and negative attention from members of the public and even from fellow officers while in the undercover role. Because of all of these factors, undercover work is frequently associated with problems in mental and physical health, and with difficulties in post-assignment social adjustment with family, community, and department. Undercover work is inherently difficult to research, but as the present review indicates, there is significant overlap between the symptomatology typical of undercover work and of that typical of non-UC police work, normally an area of greater research accessibility. These issues will be addressed below. In addition, this review identifies current best psychological practices in dealing with the undercover officer client; these include reliable, supportive, frequent contact with officer clients, psychoeducation in the areas of coping mechanisms, reframing of undercover work in terms of the overall corpus of the given officer’s career, and mechanisms of reintegration of the undercover officer into the realm of more typical, and frequently more mundane, regular police duties.     

Neither Confirm nor Deny: Secrecy and Disclosure in Undercover Policing

Recent scandals in U.K. undercover policing have prompted a public re-examination of the basis for continued secrecy with respect to cases in which serious historical misconduct is suspected. As part of its approach to balancing the competing demands of secrecy and accountability, the current legal process requires the police to provide case-by-case risk assessments of the harm to policing threatened by disclosure. This article considers the role of risk assessments in this process. It critically examines two arguments put forward by police in support of their claim that such assessments will nearly always support a refusal to disclose and thus a “neither confirm nor deny” response to requests for information about undercover policing. It argues that these arguments apply in fewer cases and/or less conclusively than police routinely suppose, and that their obligation to provide detailed case-by-case risk assessments therefore cannot be thereby evaded.     

A cognitive model of firearms policing

The performance of police firearms teams must be efficient and accurate—anything else could result in the death of the officers or those they are tasked with protecting. However, there are a wide range of cognitive factors that impact the way in which these officers perform, many of which are not taken into account while planning tactical operations or during the investigations that follow. This paper considers the role of these cognitive factors in firearms policing, looking at their impacts on officer actions/reactions and the ways in which these effects may be counteracted. Author’s Note: Dr. Kavanagh is a psychology consultant specializing in the psychology of high risk policing operations. Her areas of interest include public order, hostage negotiation, and body recovery work; her primary focus is on the psychological components of the police use of firearms. She works with a number of police forces throughout the UK and provides training to officers and command staff on the psychological aspects of their role.     

‘I'm a photographer,not a terrorist’: the use of photography to detect deception

When planning large-scale incidents or bombing campaigns, terrorists often conduct reconnaissance research to identify key targets. This may include taking photographs of potential target locations. Identifying an effective real-time method to distinguish between genuine photographers and those with more sinister intent may be beneficial for law enforcement and security agencies. Participants took photographs in a public place with a genuine intent (truth tellers) or sinister intent (liars). After taking these photographs, the participants were approached by an undercover interviewer (a mime artist) who asked them whether he could see the photographs. Later, the participants discussed their photographs in a formal interview. First, liars were less cooperative in their interaction with the undercover interviewer than truth tellers. Second, in the formal interview, liars mentioned some security features that appeared in the photographs more than truth tellers. The findings suggest that ‘using photographs to detect deception’ is a subject that could prove important to explore to benefit forensic and counter-terrorist practice.     

Cybersex with minors: forensic implications.

This paper is designed to assist forensic psychiatrists/psychologists who evaluate adults who commit sexual crimes against children on the Internet. The typical offender is an adult male who logs onto the Internet and enters a chat room in which children congregate. Unbeknownst to the offender, undercover police officers are posing as minors in the chat rooms. The undercover officer (pretend kid) and offender engage in increasingly explicit, sexual conversation; the offender may transmit erotic photographs to the undercover officer and/or arrange to meet at a motel in order to have sexual intercourse. The authors will discuss the relevant legal, clinical, and ethical aspects of examining these offenders, and describe specific cases that the author (2) evaluated.     

“Kind regards”: an examination of one buyer's attempt to purchase a trafficked child for sex

A call to awareness regarding sex trafficking has increased research, bolstered social justice efforts, improved education, and influenced federal laws that protect victims and prosecute traffickers. Federal laws on sex trafficking are now being used through undercover sting operations via the Internet to arrest and prosecute buyers who attempt to engage in commercial sex with minors. A narrative analysis was completed to create an in-depth case study outlining the correspondences between a buyer and an undercover agent advertising trafficked children for sex. Readers are afforded a rare opportunity to examine actual emails related to the purchase of a child for sexual exploitation. The emails were used against the buyer as evidence within the court of law. The authors assert that the following case study will contribute to the body of literature on the victim selection processes and cognitive distortions employed by buyers of children for sex.     

Do stings control crime? An evaluation of a police fencing operation

Police antifencing operations, euphemistically called “stings,” have been and continue to be a popular police undercover tactic for combating property crime. This paper is a time-series analysis of the effects of an antifencing sting project on what Mohr (1973) described as transitive (environmental impact) and reflexive (organizational survival) police organizational goals. The study, based on data from a 1985–86 Birmingham, Alabama sting, finds that only the reflexive goals were served and that the project may have had a negative environmental impact. It is concluded that the potential benefits to police reflexive goal achievement do not offset the potential costs associated with storefront stings and that the police industry should give serious consideration to removing this tactic from its arsenal.     

UNDERCOVER DECEPTION CLUES: A CASE OF RESTRICTIVE DETERRENCE*

Although studies on drug dealing have examined techniques sellers use to ensure against undercover infiltrations, none has explored the use of such techniques at the interactional level. The objective here is to address this void by exploring the perceptual shorthand dealers use to determine whether buyers in question are undercover. This perceptual shorthand processes one of two types of deception clues in making this judgment: trend discontinuity and interpersonal illegitimacy. Trend discontinuity is associated with police in formants and results from situations in which (I) familiar customers suddenly introduce unfamiliar others who wish to buy drugs and (2) familiar customers suddenly and signifcantly increase quantities they themselves desire to purchase. Interpersonal illegitimacy is associated with undercover agents and results from situations in which unfamiliar buyers emit certain physical and verbal “vibes” believed to be indicative of covert law en forcement personnel. Discussion focuses on the data's presuppositional and microstructural implications for restrictive deterrence (Gibbs, 1975). Data were drawn from semi-structured interviews with 32 semi-institutionalized heroin user-dealers located in a very large western US. city.     

Confessions of a Criminal Psychopath: an Analysis of the Robert Pickton Cell-Plant

Police interrogation methods have changed over time. While traditional techniques relied on violence and physical torture, modern techniques have shifted toward psychological coercion and manipulation. These techniques, most widely known as parts of The Reid Technique, have proven to be a powerful way to elicit confessions of guilt from suspected criminals. Authors of the Reid Technique claim that when applied correctly, their methods lead to significant increases in police confession rates. But, these techniques are not universally useful. In addition to eliciting false confessions, the Reid Technique has been less effective on psychopaths—who are self-centered, manipulative, and lack empathy. Psychopaths can be resistant to these methods, which rely on the interrogator’s ability to induce fear, anxiety, and feelings of remorse in the suspect. When confronted with a criminal psychopath, interrogators face unique challenges requiring a different approach to interrogation. To show this, we analyze the cell plant video of an undercover officer who obtained a serial murder confession from Robert Pickton by appealing to his narcissism. We conclude by offering a few additional strategies that can be used by investigators when interrogating psychopaths.     

Bingo! Cheating and legally suspect practices in one of North Carolina’s only forms of legalized gambling

Bingo is one of two legalized forms of gambling in the state of North Carolina. This paper is largely a product of information gleaned from an undercover police operation conducted by a special state task force constructed by the State Attorney General in 1983. The investigation concerned violation of state law designed to regulate bingo activity. This report provides the reader with the development of state law associated with bingo operations, and concentrates on the illegitimate methods used by professional operators to cheat bingo patrons. Legislation designed to crack-down on bingo abuse is discussed as well Gambling is one of the most controversial social activities yet one of the least studied forms of social behavior (King, 1985). Bingo is a specific form of legalized gambling which has received very little attention by social scientists. There have been, however, a few studies which address the characteristics and motivations of bingo players. For example, it has been suggested that bingo is primarily a female activity (Dixie, 1987). However, it has been found that motivations among male and female players differ. Females are motivated more by social contact with other players, whereas men are motivated more by a need for economic advancement (King, 1985). Although some studies exist on the characteristics of bingo players, there is a dearth of research on the operators of bingo games, particularly those operators who ply their trade in a legally suspect fashion. This paper focuses upon the legally suspect mechanisms utilized by some professionals who run bingo gambling operations. The controversy over gambling often extends to state legislatures where lawmakers must wrestle with the question of whether or not to allow legalized gambling within their borders. On the one hand, advocates of legalized gambling cite potential advantages such as the creation of employment opportunities, its potential for enhancement of state revenues, the recreational value of such activity for consumers and the general enhancement of tourism within states having legalized gambling. On the other hand, critics of legalized gambling proclaim its evils such as the perceived relationship of gambling to organized crime, the belief that gambling breeds other social ills (e.g. theft or other crimes of economic desperation) and the belief that gambling can become a psychologically addictive disease which can contribute to individual and family impoverishment as well as community disorganization. North Carolina is one state in which the legislature has demonstrated strong resistance to the allowance of legalized gambling operations. Two exceptions exist, however. North Carolina allows two forms of legalized gambling, bingo games and raffles. This paper focuses upon bingo gambling operations. The central thesis of this paper is bingo was originally legalized to provide tax-exempt, charitable organizations a means of revenue enhancement which would help fund their socially worthwhile endeavors. The legislative changes allowing this form of gambling, however, have created opportunities for professional game operators whose major motivation is personal economic enrichment (versus economic enhancement of charitable organizations). The personal economic enrichment motive is offered to account for the various forms of cheating which were observed in a special investigation of a sample of bingo operations. In a review of theoretical explanations of gambling behavior Kim King (1985) suggests an extension of the functional approach which he labels an “Economic/Status” explanation. This explanation stresses the positive functions of gambling for society and the individual. According to the economic/status explanation, the positive functions of gambling (for the individual) include an innovative opportunity for economic enrichment, success, and status (King, 1985). We would like to suggest that such reasons explain why a number of legally suspect bingo operations have emerged in North Carolina. The same reasons appear to explain the use of various schemes by some bingo operators to cheat their patrons. In short, bingo profits appear to be the primary reason for the massive increase in the number of bingo operations. Other theoretical factors are suggested to account for the attraction of patrons to bingo games. According to King (1985), the “functionalist” explanation of the recent popularity of bingo gambling is due to the tension-release afforded to players of bingo; bingo offers an exciting and innovative way to attain economic success. A concurrent Marxian explanation sees bingo gambling as an opiate of the oppressed, providing a false sense of control and success (King, 1985). Other theoretical factors suggested by King include the symbolic interactionist idea that gambling is a way to display one’s self to others in order to gain character (Goffman, 1967) and the idea that gambling for some people is a means of conspicuous consumption (Veblen, 1899). These factors may account for the popularity of bingo operations, however the focus of this paper is not upon an explanation of why bingo has become so popular. This paper will outline some of the legally suspect methods used by unscrupulous bingo game operators. The information for this report is based upon an undercover police investigation of illegal bingo activity in North Carolina. The investigation was to explore the nature of illegal bingo gambling within the state. Bingo gambling has a unique history in North Carolina; its recent legal history will be discussed in this treatise as well as the various legitimate and illegitimate methods of bingo game operators, state law designed to regulate bingo gambling and measures taken by “professional” (versus “charitable”) operators to protect their lucrative but legally suspect trade.     

Entrapped on the Web? Applying the Entrapment Defense to Cases Involving Online Sting Operations

Many law enforcement agencies are currently responding to the problem of online crime by establishing proactive investigative units that track criminals on the Internet. Not only do these specialized teams face problems in the area of emerging technology, they are also faced with handling emerging legal issues. The current research examined the issue of the entrapment defense, and how previously established physical realm doctrine could be applied to the investigation of online crimes such as child pornography. Relying on previous case law it would appear that entrapment claims related to online sting operations involve consideration of: a) did the law enforcement officer continuously contact the suspect with the intention of trying to convince the individual to engage in a particular type of behavior, b) how long was the relationship between the undercover officer and the suspect, and c) how much, if any, reluctance to commit the criminal act did the suspect provide evidence of?     

预备贩毒案件中的诱惑侦查行为

诱惑侦查的核心是国家作为诱惑者诱使被诱惑者实施犯罪，此种激励型侦查实践的核心在于，需要刺激犯罪的实际发生。与卧底侦查相比，诱惑侦查并不是一种对付有组织犯罪和职业型犯罪分子的专用武器，而是可以广泛利用于各种犯罪。     

权利保障视野下的秘密侦查竞技化析评

秘密侦查指的是侦查机关采取隐瞒身份、目的、手段的方法,在犯罪嫌疑人不知晓的情况下,发现犯罪线索,收集犯罪证据,乃至抓捕犯罪嫌疑人的活动。秘密侦查的困境在于启动陷于随意、武装不能平等、裁判难以中立、程序无法公开、侦查行为的违法性和求真的悖论。现代司法的核心在于竞技,司法决斗便是此核心的集中体现。而秘密侦查具有司法决斗中竞技的理性品质,合乎竞技的经验理性。秘密侦查的竞技化有利于其正当性和合理性的充分体现。秘密侦查竞技化的理性构想包括：厘清秘密侦查的两大类别——任意秘密侦查与强制秘密侦查;规范秘密侦查适用条件与原则;设计秘密侦查的概括程序和细节规制;评断秘密侦查行为过程及其结果。     

Becoming an Informant

Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. This study features data obtained from in‐depth interviews with eighty‐four former informants drawn from five southern states identified through a purposive‐snowball sampling strategy. Informant accounts suggest that the practice of confidential informing is an institutionalized component of a general narcotics enforcement pattern characterized by duplicity and social control irony. Confidential informant work is observed as a moral career entailing deviant identity maintenance through neutralizations and insider perspective. Narratives confirmed a motivational typology accounting for role assumption and informant–agent dynamics and orient discussion around practice and research implications.     

P300心理测试程序应用

P300有波形恒定和潜伏期恒定两个特性,可以通过叠加将P300从EEG中提取出来。P300心理测试利用认知过程中的P300指标的变化探测高级认知活动中的神经电变化,成为一个＂窥视＂心理活动的＂窗口＂,是对传统心理测试技术的重要补充。在测试实践中要遵循心理测试基本规律,严格按照科学程序进行操作,对测试刺激要精心准备,测试前要进行测试指导,软硬件操作要规范,测试结果分析要科学客观。     

Case based reasoning in criminal intelligence using forensic case data.

A model that is based on the knowledge of experienced investigators in the analysis of serial crime is suggested to bridge a gap between technology and methodology. Its purpose is to provide a solid methodology for the analysis of serial crimes that supports decision making in the deployment of resources, either by guiding proactive policing operations or helping the investigative process. Formalisation has helped to derive a computerised system that efficiently supports the reasoning processes in the analysis of serial crime. This novel approach fully integrates forensic science data.     

Expert Testimony on Psychological Injury: Procedural and Evidentiary Issues

This article introduces psychologists to aspects of the legal process most pertinent to their role as expert witnesses in civil litigation. It summarizes the role of psychological evidence in the adjudication of common law tort claims, the structure of the court system, and the stages of the litigation process. It also explains the various roles a psychological expert may play during litigation and the implications of those roles for expert confidentiality and disclosure. The article then provides an overview of legal policy governing the admissibility of psychological expertise, especially as admissibility is affected by the “Daubert” standard applied in most North American courts.     

Some reflections on Undercover: recent developments and enduring issues

She [jury member] was extremely liberal. She was a sociologist, and I don't like sociologists. They try to reason things out too much. (Florida Prosecutor [after losing case involving the undercover purchase of a 2 Live Crew album])I have no sympathy for those who are crybabies about the fact that police officers are selling to those who want to buy drugs. We use every legal means that we can. We want everybody to know that the next drug buy may be from a police officer. (Mayor Marion Barry, News Conference 1988)This paper expands on remarks delivered at the American Society of Criminology meetings, Reno, 1989. Some of these ideas were initially presented in 1988 to the qualitative methods discussion group at the Center for Advanced Study in the Behavioral Sciences, with the support of NSF grant no. BNS 8700864. I am particularly indebted to Elliot Eisner and Barry Schwartz for their critical comments and friendship.