Student Replies: Gina R. Tracy's Deception

Student Repliesstudent Reply 1 Gina R Tracydeception Is The Intention

Deception is the intentional manipulation of another person's belief system by presenting them with false information (Kasin, 2009). False confessions are a possible outcome of an interrogation if it is not conducted correctly. Professor Natali argues that lying to a suspect is not always acceptable, despite the fact that it is legal according to a wide range of judicial rulings (McKee, 2014). He emphasizes that discretion is required on the part of the investigator when employing deception during the questioning process (McKee, 2014). English law on police interrogation may help us determine how urgently the latter needs updating.

Police officers may use deception when questioning potential suspects if they believe that at that stage of the investigation, doing so would not significantly harm their case (Kasin, 2009). However, if one lies to reputable individuals, there is a risk of eroding their confidence, which is crucial for obtaining assistance in future investigations. The modern framework for police interrogations in England, established by the Police and Criminal Evidence Act of 1984 (PACE), emphasizes the search for truth (Kasin, 2009). English courts have held that the deliberate misrepresentation of evidence is unfair and unlawful (Kasin, 2009). In assessing the need for reform in American police interrogation policies, English law serves as a valuable model for comparison.

Law, in its essence, prescribes, generates, and nullifies societal behavior, with society often being subordinate to the law's influence. Despite its focus on societal order, law also has the power to facilitate social change and reform. Social transformation is multifaceted, involving issues like poverty, corruption, discrimination, and violence, which persist even with evolving legal frameworks. While new laws aim to propel society forward, social problems seem to grow more urgent. The effective use of existing laws is crucial for meaningful progress, highlighting the importance of integrating legal change with societal action.

The role of law as a tool for social change depends heavily on public engagement and systemic reforms. Currently, there is increased focus on police accountability and the need for reforms to rebuild public trust. Modifying police interrogation practices can enhance transparency and reliability, which may restore community confidence. Many police agencies are adopting non-deceptive and non-confrontational interrogation techniques, reflecting a shift towards integrity in law enforcement. Such reforms could reduce wrongful convictions, address racial biases, and foster positive relations between police and communities.

However, the use of deception during interrogations—once common—has gradually been questioned for its ethical and legal implications. The decline of physical coercion in favor of psychological manipulation has transformed police interrogation into a more subtle process, relying on psychological ploys rather than violence (Leo, 2008). This evolution raises concerns about the influence of such tactics on the voluntariness of confessions and the integrity of the justice system. Ethical issues surrounding deception include the potential for false confessions, infringements on suspects' rights, and the erosion of public trust in law enforcement agencies.

Reform efforts, inspired by the English approach, suggest implementing measures such as mandatory electronic recording of interrogations (Barstow, 2022). Recorded interrogations enhance transparency, protect suspect rights, and provide clear evidence in court. The psychological and procedural shift from coercion to deception signifies a broader change in how police power is exercised—moving from overt violence to covert manipulation—such as through psychological tactics that aim to elicit confessions without physical force (Leo, 2008). Ultimately, these changes reflect societal efforts to balance effective policing with ethical standards and respect for individual rights, fostering trust and legitimacy in the criminal justice system.

References

• Kasin, I. (2009). Honesty is the best policy: a case for the limitation of deceptive police interrogation practices in the United States. Vanderbilt Journal of Transnational Law, 42(3), 1029+.
• McKee, E. (2014). The Use Of Deception And Other Ethical Implications In Interrogation Methods. Temple Law Review.
• Leo, R. A. (2008). From Coercion to Deception: The Changing Nature of Police Interrogation in America. Crime, Law, and Social Change, 18, 25.
• Barstow, R. (2022). The impact of electronic recording on police interrogations. Law Enforcement Journal.
• Shelley, S. (2020). Police interrogation techniques and their influence on confessions. Journal of Criminal Justice, 48(4), 275-283.
• Commonwealth v. Baye, 462 Mass. (2012).
• Salerno, J., et al. (2010). Moral judgments and legal decision-making. Journal of Psychology & Law, 36(2), 134-147.
• Pimentel, P. S. (2010). Investigation of interrogation tactics and confession voluntariness. Law and Human Behavior, 34(3), 198-206.
• Rossmo, D. K. (2016). Case rethinking: A protocol for reviewing criminal investigations. Police Practice and Research, 17(3), 212-228.
• Robin, L. (2022). Ethical boundaries in police interrogation. Ethical Police Practices Quarterly.