Download this Paper Open PDF in Browser

Deceit in Defense Investigations

5 Pages Posted: 16 Feb 2011  

Peter A. Joy

Washington University in St. Louis - School of Law

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: June 1, 2010

Abstract

Prosecutors and police routinely employ misrepresentation and deceit in undercover investigations. In cases ranging from drug distribution, prostitution, and sexual misconduct with minors to organized crime and terrorism, police and those cooperating with police deceive suspects and their cohorts about their identities and their intentions in order to gain information to help uncover past crimes and thwart future crimes. Frequently, such deceit helps reveal the truth about what criminals do and think.

May defense lawyers and investigators working for them employ similar tactics? Or should prosecutors be the only lawyers allowed to direct and supervise investigatory deception? In recent years, both debate and a divergence of views on this question have emerged. In this column we examine that debate, the arguments raised on both sides of it, and how various jurisdictions have answered this question.

Suggested Citation

Joy, Peter A. and McMunigal, Kevin C., Deceit in Defense Investigations (June 1, 2010). Criminal Justice, Vol. 25, No. 3, Fall 2010; Washington University in St. Louis Legal Studies Research Paper No. 10-10-08. Available at SSRN: https://ssrn.com/abstract=1736719

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Kevin C. McMunigal

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

Paper statistics

Downloads
95
Rank
234,008
Abstract Views
564