Abstract
The study contributes to the discussion on confidential informants (CIs) by examining actual CI policies published by police agencies and measures them against the national model policy promulgated by the International Association of Chiefs of Police (IACP). The analysis reveals that most police policies do not require a test of a CI’s integrity prior to deployment, nor do they require training for the CI or the officer prior to deployment. Moreover, the findings suggest that most policies do not adequately control CIs consistent with the national model policy. Collectively, the deficiencies suggest gaps in a police agency’s protective structure: its policy on CIs. The results establish a frame of reference that makes policy analysis and evaluation possible for police executives in other areas that are prone to problems and controversy (e.g., use of force, police pursuits, off-duty conduct, domestic violence, domestic violence involving police officers, canine operations, interrogations, eyewitness identification, strip searching). The growing trend is for contemporary police managers to situate their practices in the context of a civil liability framework to reduce risk.
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- 1.
Rachel’s Law was enacted in Florida on July 1, 2009, after Rachel Morningstar Hoffman, a young woman acting as a CI who was untrained and ill prepared for the assignment, was killed by the offenders she was pursuing. The law now mandates, among other things, Florida police agencies to (1) define terms; (2) disclose certain information to persons who are requested to serve as CIs; (3) provide a person who is requested to serve as a CI the opportunity to consult with legal counsel; (4) training for persons involved in the recruitment and use of CIs; (5) adopt policies and procedures to preserve the safety of CIs, law-enforcement personnel, target offenders, and the public; (6) address the recruitment, control, and use of CIs in policies and procedures of the agency; (7) establish policies and procedures to assess the suitability of using a person as a CI; (8) establish procedures to maintain the security of records relating to CIs; and (9) periodically review (agency) practices regarding CIs (Florida Statute 914.28, Confidential Informants. Retrieved on January 19, 2015, from http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0914/Sections/0914.28.html). Also, see Rich (2010) for criticism following Hoffman’s death; Rep. Robert C. Scott and Rep. Jerrold Nadler Hold a Joint Hearing on Law Enforcement Confidential Informant Practices. Retrieved on April 11, 2015, from http://go.galegroup.com.ez.lib.jjay.cuny.edu/ps/i.do?&id=GALE|A166718287&v=2.1&u=cuny_johnjay&it=r&p=ITOF&sw=w&authCount=1.
- 2.
I stop short of identifying this condition as the Stockholm syndrome. Stockholm syndrome is a term popularized by the media to describe the positive bond a kidnap victim may develop toward their captor and subsequently sympathize with them or their plight. The corollary with CIs is the bond that develops with the police officer after working together. The condition may be more urban myth than legitimate psychiatric diagnosis; researchers have specifically stated, “No validated diagnostic criteria for ‘Stockholm syndrome’ have been described; existing literature is of limited research value and does little to support ‘Stockholm syndrome’ as a psychiatric diagnosis…‘Stockholm syndrome’ is not a recognized Medical Subject Heading (MeSH)” (see Namnyak et al. 2007, p. 4).
- 3.
Truth verification exams or voice stress analysis is akin to the polygraph exam, including the limitations. The field is not mature enough to be admitted in court, much of the interpretation depends on the analyst, interpretation is not based on an established algorithm, and it is no better than chance alone at detecting deception (Damphousse 2008; Harnsberger et al. 2009; Janniro and Cestaro 1996). David T. Lykken (1981) noted in his work on voice stress analysis that the systems “do not claim to be able to detect deception directly,” but as is done in polygraph exams, the systems “measure variations in emotional stress.” Also see Horvath’s (1982) review of the accumulated evidence about the capabilities of voice stress analysis devices to actually detect deception, which he describes as “problematic” and “questionable.” “Without exception, however, the scientific evidence reported to date shows that voice stress analyzers are not effective in detecting deception; none of these devices has yet been shown to yield detection rates above chance levels in controlled situations.”
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As to custom, municipalities may be sued for “constitutional deprivations visited pursuant to governmental ‘custom’ even though such a custom has not received formal approval through the body’s official decision-making channels” (Monell, p. 436). Liability based on a custom rather than a formal adopted policy proceeds under the theory that the relevant practice is so widespread as to have the force of law (e.g., Board of County Commissioners of Bryan County, OK v. Brown, 520 US 397, 404 (1997)). Custom may also be established by proof of knowledge and acquiescence (e.g., McTernan v. City of New York, 636, 658 3rd Cir. (2009)). Where a violation of federal rights is a “highly predictable consequence” of an inadequate custom in a situation likely to recur, municipal liability may attach based upon a single application of the custom (Monaco v. City of Camden, 04-2406, D.N.J. (April 14, 2008); citing City of Canton v. Harris, 489 US 378, 390 (1989)).
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Shane, J. (2016). Discussion. In: Confidential Informants. SpringerBriefs in Criminology(). Springer, Cham. https://doi.org/10.1007/978-3-319-22252-3_5
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DOI: https://doi.org/10.1007/978-3-319-22252-3_5
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