The Use of Covert Human Information Sources in Investigations - Coursework Example

Student Name: Tutor: Title: The Use of Covert Human Information Sources in investigations Course: Table of Contents Table of Contents 2 Introduction 3 The Effectiveness of covert human information source 4 Evaluation 10 Conclusion 12 Bibliography 13 Introduction The use of covert human source precipitates controversial debates in social circles and in particular, the realm of intelligence gathering. Dupont (2002) explains that a covert human information source is normally a human source providing secret reporting on a subject of investigation. This can be in the form of an informer or an informant. Informants are people who give the police information about a certain criminal issue. On the other hand the informer is an individual who forms a secrete relationship with the police and provides information that is associated to the criminal world (Williamson, 2008). Over the years, the legality of human information sources has been challenged by many scholars regardless of the enacted laws and requirements to safeguard the use of these sources. Using confidential informants have been termed as the unlovely face of investigation employed by law enforcement agencies. Many people are reserved, nervous, and sceptical of using human information sources especially where money is involved. Those opposed to covert human information sources are overly concerned about their own private life or their business and the safety of the sources. There have been cases where human information sources have been convicted to death or imprisoned for life for being branded spies. The investigator has to weigh all the advantages and disadvantages of human information sources before thinking about deploying them. Wakefield and Fleming (2007) argue that for the purpose of tackling crime and criminality and realising the goal of making the environment safer for human being existence, it is important to use covert human information methods for the purpose of effective investigation. The big question therefore concerns how effective is the use of covert human information sources in undertaking investigations. This particular paper therefore seeks to evaluate the controversial topic of using covert human information sources in investigations. The scope of the analysis will be grounded on evaluating the effective use of covert human information source. Foremost, the paper explores the views of various studies and scholars on the effectiveness of using covert human sources. Lastly the paper will evaluate whether or not the use of covert information sources is effective or not. The Effectiveness of covert human information source According to Gus (2007) the use of covert human information sources is effective in conducting investigation with the objective of preventing and reducing crime in society. A case in point is the fight against the impending challenge of terrorism. Gus (2007) highlights that; covert human information is a proactive criminal investigation approach that has been effective in suppressing the operations of terrorists. In the context of combating terrorist activities, the use of covert human information is undertaken by employing various approaches (Jackson & Summers, 2012). For instance, one approach entails the use of a spy or an informant who gets close to the members of the terrorist group by pretending to be one of them. The next step involves developing internal distrust, infighting, fear and other type of discord. Gus (2007) discloses that the outcome of such an operation is that the terrorist group will develop reduced operational momentum, focus and effectiveness. Consequently, the spy or informant acts as a useful mechanism of destabilizing the operations of the terrorist group (Gus, 2007). A report by the BBC (2012) also supports the view argued by Gus (2007). According to the report, in order to reduce the capability of the al-Qaeda link terror groups, the use of covert human information was and is still very useful. The entire process of appointment or recruitment of a spy is undertaken by the Oversees secrete intelligence service. The BBC (2012) report further points out that the ability to get inside the terrorist network was in most cases quite difficult. This is due to the numerous threats that face those involved. Nevertheless, once the informant or the spy gets into the terrorist network, the objective is to get close to the top leaders of the network. The spy then maps out key issue about the terrorist network, he/ she then try’s to understand the main figures in the operation. Eventually the spy collects useful information that can be used to combat the group. According to the BBC (2012) the use of covert human information has been effective in the reduction of terrorist activities. Clark (2007) also argues that covert human information sources have also been effective in cartel investigations and thus reducing the level of crime. A study conducted Moran (2005) also supports the notion that covert human information sources are in deed effective in undertaking investigations in order to prevent and reduce crime. In a study to investigate issues in the control of police corruption in Wales and England, Moran (2005) acknowledged the contribution of covert human information in the fight against corruption amongst the police. Moran (2005) highlights that police corruption can sometimes go undetected. This is because the police are perceived as the guidance of the public and also the criminal justice system. However, in a scenario whereby an officer is involved in corruption, the act becomes a risk to the constitutional role of the police. In addition, police corruption is categorized as a form of crime (Moran, 2005). Moran (2005) highlights that gathering evidence to justify police corruption in order to employ disciplinary or criminal charges against suspected officers, has been quite difficult. However, the use of investigative approaches such as using an informer has been useful in major investigations in England and Wales. Harfield and Harfield, (2012) highlight that the significant benefit of covert information in investigation is that it yields evidence that is frequently perceived as incontrovertible. Harfield and Harfield, (2012) further highlight; that though additional evidence might be beneficial in providing the relevance of any particular observed meeting or event, the fact that participants were observed doing what they were doing, can actually not be contradicted. Harfield and Harfield, (2012) assert that when using covert information sources investigation subjects usually incriminate themselves without them realizing it. According to Harfield, and Harfield, (2012) a basic advantage of the use covert human information is that it has both the preventative and evidential role. The approach works towards ensuring that evidence is made open to the third party witness, for the purpose of supporting a prosecution. A case in point is when investigating organized crimes, whereby covert human information can act as a means by which investigators collect enough evidence or information. The evidence will then be used to prosecute the criminal for preliminary offences, while at the same time it may be used to intervene prior to a more serious offence is committed. For instance in criminal activities such as manufacturing or trafficking of drugs, the use of an informant can be used to acquire evidence about the manufacturing, distribution and importation of the drugs. The information will then be useful in the prosecution of the entire cycle of those involved in the dealing with the illicit drugs (Harfield, and Harfield, 2012). On the other hand, various scholars disagree with the fact that covert human information sources are effective for investigation. According to Billingley (2009) the use of covert human information sources is basically the unlovely face of police work. This is based on the fact that although the approach is bound to provide evidence, there is the danger of the human informer overstepping the mark and in the long run committing an offence. This therefore makes the approach non effective in reducing the rate of crime. A case in point is the leading case from the European Court on Human rights on entrapment Teixeira de Catro v Portugal , 1998. The accused in this particular case claimed that his right to fair trial was breached. This was because two plain clothed police approached the applicant. Unaware that the two men were police officers the accused agreed to show the two men (police) a major heroine supplier. However eventually the two police men went to the supplier and were now interested in buying the heroine instead of arresting the supplier. Billingley (2009) therefore argues that the use of covert human information is actually not effective but rather it may result to increase in criminal activities when the informant creates a mutual relationship with the person under investigation. Billingley (2009) therefore proposes that the use of covert human information should actually be restricted and safeguarded even in cases that deal with the fight against drug trafficking. Wood (2004) also agrees with the assertion provided by Billingley (2009). According to Wood (2004) the relationship that exists between the covert human source and the criminal being investigated is quite controversial. This is because various commissions of inquiry conducted in the United Kingdom, the United States and even Australia have identified one of the greatest risks associated to covert human source to be a licence to commit crime which is influenced by the nature of the relationship that exists between the covert human source and the person under investigation. The effectiveness of the use of covert human information has also been perceived as controversial by Ward and Mabrey (2006). Ward and Mabrey (2006) assert that the desire of a covert human resource to offer help in case of an investigation depends majorly on what is the source of their motivation. In a study to investigate the motivation behind covert human resource, Ward and Mabrey (2006) identified some common motivators could be monetary gain, ethical or moral reasons, revenge or merely seeking approval of the person in charge of the investigation. Special safeguards are used when investigators think about the use of underage of eighteen years as covert human intelligence sources (Harfield & Harfield, 2012). Innes, (2000) therefore proposes that for effective deployment of covert human information sources, the motive has to be established and its influence on the investigation process considered. In regard to collateral intrusion, there is need for reasonable steps to be instituted to ensure minimization of acquisition of information which is not directly necessary for the purposes of the operation or the investigation that is on going. The use of the covert human information source should be within the territory that will only help the investigation or the operation (Innes, 2000). Before permitting the conduct or the use of a source, an authorising officer has to take into account the imminent risk of intrusion into the privacy of people other than those that are directly the subjects of the investigation or operation. This is referred to as collateral intrusion. Measures have to be enacted to avoid as much as possible unnecessary intrusion into the lives of people who are less directly involved in the on going investigation (MacVean & Neyroud, 2012). One of the basic limitations of convert human is that it intrudes on the private life of a person. Harfield and Harfield, (2012) highlights that; respect for private life is one of the major obligations of the UK criminal investigation authorities. As stipulated by Human Rights Act 1998, it is unlawful for the any public authority to act in a manner to invade an individual’s private life. This is because each individual has the right to be respected, in terms of their private, family and social life. Consequently if covert human information sources are to some extent breaching the Human rights act, it can be argued that they are not effective means of investigation. This is because lawful investigations should not infringe individual’s human rights. Drawing from criminological theories, one of the major theories of criminology that can be linked to covert human information sources is that social control theory. The social control theory states that most people are bound to commit crimes if social controls were not put in place (Winfree& Abadinsky, 2009). The social controls can be enforced through the use of people for instance the police. In addition institutions such as churches, workplaces, schools and families are also useful in enhancing social control. The social control theory can be used to support the use of covert information sources. This is because covert information sources are basically a form of social control mechanism that should exist in order to prevent people from committing crime. The limitation of the social control theory in this particular context is that in despite of the existence of social controls such as the use of informants, investigations do not lead to a decline of crime in society. This is because many people still commit crime despite of the existing investigation approaches. The rational theory is another significant theory that can be linked to the use of covert human information. According to the rational theory people usually commit crime in order to attain their self interests after evaluating the potential risks that are associated to the crime. The risks may include getting punished or caught (Einstadter &Henry, 2006). The use of covert information sources increases the chances of detecting the crime about to be committed and thus subjecting the offender to getting caught or being punished by the rule of law. Evaluation From the above discussion what is evident is that the use of covert human information in investigation is actually a controversial subject. This is because there are various scholars and studies that support the fact that the use of the approach in the investigation is in deed effective. On the other hand opposing views exist from studies and scholars who do not support the fact that the use of covert information sources in investigation is effective. In general the effectiveness of the use of covert human information in investigations is an aspect that can be agreed upon. Foremost, the approach has indeed been useful in investigations and thus reducing criminal activities such as lowering the level of terrorist activities, as revealed by various scholars and studies discussed earlier. Koster (2005) highlights that the use of uncover human intelligence sources is actually a special investigation technique that has worked towards reducing terrorism. This is because establishing a personal relationship with a person under investigation covertly is more likely to provide, adequate information or evidence which can further be used to combat the activities of terrorists (Tapper, 2007). In my opinion, I do agree with the fact that convert information sources are effective in conducting investigations and thus reducing the level of criminal activities essentially terrorism. In the recent years, the world has witnessed an intensive improvement in the investigation and also destruction of many terror linked groups. This has been attributed to the use of approaches such as convert information sources. For instance Bowden (2012) reveals that one of the most wanted terrorist leaders Osama Bin Laden was killed due to the contribution of covert information sources. There were a number of secrete agents who created relationships with people living around the compound where Bin Laden was living. The agents would then ask questions to the people living nearby. Bowden (2012) highlights that the agents would always ensure that the people were not curious. Burton, (2011) also attests to the fact that covert human intelligence was significant in investigating Osama Bin Laden. Based on such evidence it can be concluded that covert human information sources are actually an effective way of investigation. Also it can be argued that covert human information sources are effective based on the kind of evidence that is retrieved. McKay (2011) asserts that comprehensive evidence can be derived from the use of covert human information. Also as argued by Harfield and Harfield, (2012) a major benefit of covert information in investigation is that it yields evidence that is frequently perceived as incontrovertible. This is because when the informant creates a relationship with the person under investigation, the person is bound to trust the informer without being suspicious about their investigative role (United Nations, 2009). Consequently comprehensive and incontrovertible evidence can be attained due to the close relationship. Covert information sources are also effective in investigation based on the fact that they are a crucial element in the understanding the criminal environment (Crous, 2007). When the police and other stakeholders in the criminal justice system have an understanding of the criminal environment, the investigation of criminal activities then becomes much earlier. However, Greer, (1995) highlights that there is a potential risk when the police establish an active relationship with the criminal environment. This is because the police in most cases may not derive the required information concerning criminal activities. Greer, (1995) therefore proposes that in order to understand the criminal environment, the police have to create links with informers who can offer valuable information about the criminal environment. Consequently, although the police informer relationships have been criticized, they are evidently a significant element of understanding the criminal environment( Harfield, 2009).This explains the basic reason why the U.K surveillance cord of practice also acknowledges the contribution of covert human intelligence in conducting investigations. Conclusion From the above discussion, it can be stated that the notion of the effectiveness of covert human sources in conducting investigations is actually controversial. The paper has presented the views of various scholars and studies that support the fact that the approach is effective. Those who back the effectiveness of covert human information sources argue that it has facilitated the reduction of criminal activities such as terrorism, police corruption and crimes conducted by cartel. The paper acknowledges that the significant benefit of covert information in investigation is that it yields evidence that is incontrovertible. In addition, the approach has both the preventative and evidential role, which assist in reducing and preventing crime levels in society. The paper also identifies the fact that controversies exist in terms of supporting the effectiveness of covert information sources. This is due to the danger of the human informer overstepping the mark and in the long run committing an offence. The informant may also have wrong motivation and thus affecting investigation. In despite of the existing controversies, this paper backs the fact that the use of covert information sources is effective. The paper therefore proposes that the approach should be encouraged and improved through legal mechanisms. Bibliography Billingsley , R, 2009,Covert Human Intelligence Sources: The 'Unlovely' Face of Police ,Waterside Press, Work. BBC, 2007, What are spies really like, BBC News . Bowden, M, 2012, The death of Osama bin Laden: how the US finally got its man, The guardian. Burton,F,2011,The Bin Laden Operation: Tapping Human Intelligence, Global intelligence . Clark, D, 2007, Covert Human intelligence sources in Cartel investigation, Willan Publishing. Code of practice, 2000, Covert Human Intelligence sources, TSO. Crous, C,2007, Human Intelligence sources: Challenges in policy Development, Security Challenges, 5(3), p117-127. Dupont, A., 2002, Intelligence for the Twenty-first century, Intelligence and National Security, 18 (4): 15-39. Einstadter, W and Henry , S, 2006, Criminological Theory: An Analysis of Its Underlying Assumptions, Rowman & Littlefield. Gus, M, 2007, Essentials of Terrorism: Concepts and Controversies, Sage. Greer, S, 1995, Towards a sociological model of police informant, British Journal of sociology, 46(3),p509-527. Harfield, C and Harfield, K, 2012, Covert Investigation, Blackstone's Practical Policing, Oxford University Press. Human Rights Act, 1998 Innes, M., 2000, Professionalizing the role of the police informant: The British Experience, Policing and Society, 9: 357-83. Jackson, D and Summers, J, 2012, The Internationalisation of Criminal Evidence: Beyond the Common Law and Civil Law Traditions, Cambridge University Press. Harfield, C, 2009, Blackstone's Police Operational Handbook: Practice and Procedure, Oxford University Press. Koster, P, 2005, Terrorism: Special Investigation Techniques, Terrorism and Law, Council of Europe. MacVean, A. & Neyroud, P., 2012, Police Ethics and Values, New York: SAGE. Moran , J,2005, Blue walls, grey areas, and clean-ups: Issue in the control of police corruption in England and Wales, Criminal Law and Social Change , 43: 57-79. McKay, S, 2011, Covert Policing: Law and Practice, OUP Oxford. Murphy and Copper, 2008, Ethical approaches for police officers when working with informants in Development of Criminal intelligence in the United Kingdom. Tapper, C,2007, Cross and Tapper on Evidence, Oxford University Press. Wakefield, A. & Fleming, J., 2007, The SAGE Dictionary of Policing, SAGE Publications Ltd Ward, R.H., Kiernan, L. & Mabrey, D., 2006, Homeland Security: An Introduction, Elsevier Science Wood, J, 2004, Inquiry of police conduct, Queensland state government . Winfree, T and Abadinsky, H, 2009, Understanding Crime: Essentials of Criminological Theory, Cengage Learning. United Nations, 2009, Current Practices in Electronic Surveillance in the Investigation of Serious and Organized Crime, United Nations Publications. Williamson, T, 2008, The Handbook of Knowledge Based Policing: Current Conceptions, Sage. Blackstone's Police Operational Handbook: Practice and Procedure Read More