Ammarah Sakrani

The role of undercover police is crucial in the criminal justice system. Undercover cops are law enforcement officers who work behind the scenes to catch criminals and gain justice.

An undercover police officer conceals his true identity and contacts a person with the mission of gaining an individual’s or organisation’s trust to gather intelligence, collect evidence, and even make arrests in situations where a traditional police presence would be too visible or too dangerous. This is different from a cover where there is changing, forging or falsifying an agent’s real personality, including but not limited to things, location, job and others that will be used in undercover assignment [1].

To obtain evidence to prove the person’s criminal activity, undercover cops lie, may use deception to gain access to information, pretend to be someone else, and subtly create confusion as to the true meaning of their actions. Even though this is per the law, these still raise ethical concerns.

Deceptive policing practices are morally wrong. While undercover operations can be highly beneficial, and in some cases, the ends appear to justify the means, it does not change the fact that such practices are inherently unethical. Deceptive operations in policing should be used rarely and only when all other options have been exhausted.

Morally Wrong vs Morally Correct

Deontological ethics holds the view that the morality of an action should be determined by whether the act is right or wrong according to a set of rules and principles rather than by the consequences of the action. According to Kant’s theory of ethics, it is critical to perform an act for the right reasons: “We do what is right because it is right, and it is right because it is our duty” (Banks, 2017: 503).[2]

This means a moral person acts out of a sense of duty, and an act has moral value if motivated by duty. A police officer is deemed to be engaging in deceptive practices because they are lying and misleading someone in this way. They don’t respect people’s humanity because they gain their trust before using them as a weapon, so they believe that undercover police work is immoral.

On the other hand, the principle of utility states that decisions should be made based on their likelihood to result in benefit, advantage, pleasure, or happiness. This theory holds that if an officer engages in dishonest behaviour that appears to have a beneficial outcome, that behaviour is morally acceptable because it is considered philanthropy. According to the theory, even the most immoral actions are acceptable if they have more positive than adverse effects.

Advantages and disadvantages and their ethical issues

Undercover police work is used in various criminal investigations, including drug trafficking, organised crime, and terrorism. In these cases, traditional investigative methods are often not effective. Hence, using covert tactics is necessary to gather the required information and evidence to make an arrest and prosecute the individuals involved.  Police officers can participate in drug deals and gain knowledge that would be challenging to discover in other ways. A person may be prosecuted in court based on their direct observation of criminal activity and the statements they obtain from incriminating suspects.

Police can participate in the same crimes that they are trying to investigate:

The possibility that police could participate in the crimes they are trying to investigate raises questions about authorised criminality. Officers take an oath to uphold the law and defend the neighbourhood. They risk damaging their reputation and undermining public confidence in law enforcement when they participate in criminal activity. Participation by undercover police is interpreted as entrapment, which is prohibited. Entrapment happens when the police coerce someone into committing a crime that person would not have otherwise committed, jeopardising the investigation’s validity.

Undercover police work can help to disrupt criminal organisations and prevent future illegal activity. By infiltrating these organisations and gathering information, undercover officers can provide intelligence that can be used to dismantle the organisation and prevent it from continuing to operate.

However, the use of undercover police is not without its challenges. Maintaining a cover can be difficult and stressful for the officers involved. If the individuals being investigated become aware of the undercover police’s true identity, the case, and most importantly – the officer’s life is in danger. Criminal organisations often involve violent individuals who will stop at nothing to protect their criminal enterprises. Undercover police officers must be prepared to face violence, kidnapping, and even death to complete their missions.

Mental health:

In addition to the physical risks, undercover police officers must be prepared to face the mental and emotional toll of infiltrating criminal organisations. This can include exposure to horrific crimes, such as human trafficking and paedophilia, that can leave a lasting impact on even the most seasoned officers. This raises important questions about the support and resources that should be available to officers dealing with the aftermath of the experience.

Human trafficking and child exploitation rings, in particular, are one of the most heinous crimes that an undercover police officer may encounter. The individuals involved in these rings often prey on the most vulnerable members of society, using violence and threats to keep their victims under control. The undercover police officers who work to dismantle these organisations must maintain their composure and professionalism in the face of this kind of evil, even as it takes a toll on their mental and emotional well-being. 

In this case, maintaining confidentiality – an essential element to the success of an undercover operation – can result in the victims being left in a vulnerable situation for an extended period. Officers must balance the needs of the investigation with the needs of the victims. Human trafficking investigations can be complex and time-consuming, and there may be pressure to prioritise the needs of the investigation over the needs of the victims. This raises important ethical questions about the responsibilities of law enforcement to ensure the safety and well-being of victims, even as they work to bring down the criminal organisations responsible for exploiting them.

Furthermore, the use of undercover cops has been criticised for infringing on people’s civil rights. Undercover officers may sometimes use deception to gain access to minors to obtain information. While this may be deemed necessary to prevent a crime, it may also be viewed as a violation of the minors’ rights.

Assuming unauthorised identities:

Between 1968 and 2008, one particularly troubling case occurred. For ten years, the Metropolitan Police unit stole and created aliases based on the identities of deceased children, going to great lengths to make their personas credible to infiltrate activist groups. Derbyshire Chief Constable Mick Creedon stated, “No families of children whose identities have been used have been contacted and informed … This issue is very complicated, and mistakes could put lives in jeopardy”.[3]

The undercover officers’ unauthorised use of a deceased child’s identity has profound emotional consequences for the affected families. This practice violates the sanctity of the grieving process and disrupts the families’ sense of privacy and dignity. The knowledge that their child’s identity has been co-opted for covert operations can cause lasting emotional harm and heighten the sense of loss and violation. This case shows how important ethics are in promoting transparency and accountability in the criminal justice system and how strict guidelines should be followed during undercover operations to protect both law enforcement officials and civilians.

The role of undercover cops is critical in the criminal justice system. They play an essential role in bringing criminals to justice and keeping communities safe by gathering evidence and disrupting criminal organisations. Undercover cops must ensure that their operations are carried out to the best of their abilities while adhering to a strict code of conduct. While specific actions are legal, it is the responsibility of police officers to maintain law and order and protect citizens’ rights.

Reference:

1. (n.d.). Cover and Undercover Operations | PDF | Undercover Operation | Human Nature. [online] Available at: https://www.scribd.com/document/520927308/Cover-and-Undercover-Operations# [Accessed 26 Apr. 2023].
2. hull.ac.uk. (n.d.). A Critical Analysis of Deceptive Practices in Policing | Criminology & Sociology Hull – Student Research Journal. [online] Available at: https://crimsoc.hull.ac.uk/2021/10/19/deceptive-policing/ [Accessed 26 Apr. 2023].
3. Newspaper, F. the (2013). UK police admit to use of dead children’s IDs. [online] DAWN.COM. Available at: https://www.dawn.com/news/1011966/uk-police-admit-to-use-of-dead-childrens-ids [Accessed 26 Apr. 2023].