There is nothing so ridiculous but some philosopher has said it. - Cicero
Philosophers debate the morality of lying. Saint Augustine, a philosopher, theologian and central figure in the development of Western Christianity stated,
Death kills but the body, but a lie loses eternal life for the soul. To lie to save a life of another is a foolish bargain.
Clearly, His Sainthood was never a crisis-hostage negotiator. The rigid rejection of all lies is also a cornerstone of Kantian moral philosophy. With less specificity, Ayn Rand philosophized,
Any compromise between good and evil only hurts the good and helps the evil
We need philosophers. Life is, amongst other things, sublime. It behooves our species for some of us to strive
to understand how things in the broadest possible sense of the term hang together in the broadest possible sense of the term. - Wilfred Sellars (See citations below to a fraction of the philosophical debate on police deception.)
But philosophers don't live in the arena. Warriors do. Law enforcement warriors shoulder the deals society and its policy makers cut but don't have the heart and stomach to deliver.
This is the 7th in a series of articles on police use of deception. Web links to the previous articles are listed below. We've looked at court decisions authorizing police use of deception. The decisions vary but none take the absolutist position of some philosophers that no deception is permissible. Nor do they limit the use of deception to urgent situations of life and death, as do other philosophers.
The ends justifies the means deal
I've previously opined that law enforcement fails to properly prepare officers for the complicated and critical decisions involved in whether and how to use police deception. These decisions can hold in the balance:
- The release of a violent offender because evidence was illegally obtained and subsequently suppressed.
- Public trust and confidence in the police.
- The reputation of the entire department.
- The career of the individual officer.
- The long-term psychological effects of practicing deception.
There's something else we don't address very well. A basic tenet of police ethics is that the ends do not justify the means. When it comes to police deception - society has struck a bargain that the ends of detecting and convicting criminals do justify the normally unethical means of lying. This ends justifies means bargain has the imprimatur of our vaulted, black-robed, Constitution guarding judiciary. As a criminal defense attorney notes,
Courts do understand that in the real word, a world in which crime loves darkness, stealth, and concealment, crime can sometimes only be detected and prosecuted through (trick, deception and artifice.).
Society expects and sanctions cops using deception - within constitutional parameters - to fight crime. We don't prepare recruits, rookies and officers for this paradox.
The deal has a hole card
We've also discussed how officers can follow the law and still end up scapegoated by the media, the public and their own agencies if such deception is viewed unfavorably by the same people who have struck the bargain. Unfavorable views occur when the legal deception is used with someone who turns out not to be guilty. This is the hole card the police can't see in the early stages of an investigation.
So, legal guidelines are only part of the equation in deciding when and how to use police deception. Police must also consider ethical guidelines, which may require more than Constitutional minimums. As in poker, they must consider all the possibilities and consequences of hole cards.
Questions to ask and answer before lying for justice
In his article The Dirty Harry Problem, (web link below) Carl Klockars suggests 3 considerations for deciding,