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05-15-2008, 03:12 PM
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| | | Lying in the Line of Duty
In the past, as a police investigator, I have lied to the subject of my interrogation/investigation to elicit a confession. The United States Supreme Court has ruled that the Police can lie to you in order to extract a confession, Frazier v. Cupp, 394 U.S. 731, 739 (1969). Just becuase the government says its okay under certain circumstances doesn't mean it is.
Here's an example of what an officer lying during in interview would look like: Quote:
Officer: Did you steal the car?
Suspect: No ... I don't know what you are talking about.
Officer: Look, I just finished inteviewing your buddy Joe. He has confessed to the fact that you guys stole the car together.
Suspect: Man ... He's trippin!
Officer: [throwing a set of lifted fingerprints on the table that don't belong to the suspect] I lifted these prints from the car and I guarantee they are going to come back to you.
Suspect: Okay Officer I was driving the car and I knew it was stolen, but I didn't steal it.
| There are other circumstances where a police officer can be placed in a situation where he has to lie. For instance, an undercover officer is asked by the suspect during an investigation, "Are you a cop?" If he wants to live or avoid serious injury, he will lie.
Opinions?
__________________ Dan Member, Soaring Oaks Presbyterian (PCA) www.soaringoaks.org Northern California The duty of a theologian is, not to please the ear with empty sounds, but to confirm the conscience by teaching things which are true, certain and profitable.
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05-15-2008, 04:43 PM
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If these folks being interrogated had an ounce of sense, the lie told to them wouldn't matter. Any question before a trial would be met only with silence.
But the point remains that to lie in this situation, as an officer of the law, is simply not permissible.
Tactics like this result in innocent people going to prison and that is no small thing. Using intimidation and deceit works equally well on the innocent and the guilty. We almost do not have a court system; we have a plea-bargaining system. And this is partially why.
If the State cannot prove its case honestly, then it does not have Biblical warrant to prosecute at all. I hope not to be too blunt, but God is not glorified when a group of liars prosecute a group of thieves.
"The law itself is guilty of the evils it is supposed to punish" - Frederick Bastiat
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Jeremy Gage
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Last edited by smhbbag; 05-15-2008 at 04:52 PM.
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05-15-2008, 05:22 PM
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Thanks for your comments Jeremy. No, I definately don't think you are being too blunt. I tend to agree with you, but know from experience that there are times when it (lying) is unavoidable.
For instance, undercover work, by its very nature, is a big lie. Crime rings of all types are broken up by undercover officers that have to lie at many various stages to get the job done.
If you have seen the Dateline NBC Specials that net child molesters ... That is one big lie to lure those predators out of the woodwork into police custody.
__________________ Dan Member, Soaring Oaks Presbyterian (PCA) www.soaringoaks.org Northern California The duty of a theologian is, not to please the ear with empty sounds, but to confirm the conscience by teaching things which are true, certain and profitable.
John Calvin, 1559
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05-15-2008, 05:29 PM
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Didn't almost everyone in other threads we've had about deceit and lying for a "good cause" that could "save lives" or "make us safer" say it would be okay?
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05-15-2008, 05:33 PM
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Hey, what about the prostitute?
__________________ Andrew DeShazo, Deacon, Associate Reformed Presbyterian Church, Memphis, TN "All of us stumble in many ways, but if anyone is never at fault in what he says, then he is mature, able to control his whole body."(James 3:2) | | The Following User Says Thank You to Zenas For This Useful Post: | | 
05-15-2008, 05:41 PM
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Didn't almost everyone in other threads we've had about deceit and lying for a "good cause" that could "save lives" or "make us safer" say it would be okay?
| All of those revolved around the one being lied to "not being entitled to the truth." That is, when you know the person would use the information for evil means (i.e. Nazi at your door looking for Jews) - then it is acceptable. And, in my view, a moral duty to lie as Rahab did.
But, this is not that kind of case, so far as the interrogation goes. There is no good knowledge that the individual is guilty - in fact the whole purpose of the lie is to manipulate a confession (real or false).
Even if there was a 'knowledge' or strong suspicion that the suspect is guilty - we cannot say that he would use the non-lie for the purpose of evil, and so the previous justification is not applicable.
We cannot loosen the standard for when lying is justified merely to this: whenever we think it's for a good cause. The situation must be on the order of a Rahab situation, not a 'we don't have enough evidence yet and want to make our jobs easier' situation. Besides, confessions brought about by false and intimidating interrogations are simply not reliable, and result in many innocents incarcerated.
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05-15-2008, 05:52 PM
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What an interesting thread. I think I'm going to enjoy watching this one unfold.
My personal opinion is of little use to the discussion(because opinion by itself doesn't make a logical argument for or against) but I will ask if a cop will lie to gain a confession (real or false), how can the public be assured that the police will uprightly perform their duty to protect and serve?
I think that society as a whole has become calloused to lies. We almost expect to be lied to and accept it as normality. Particullarly in the area of politics.
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Donald Jacobs
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05-15-2008, 06:00 PM
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how can the public be assured that the police will uprightly perform their duty to protect and serve?
| Perhaps this will deviate the thread, but the premise is not true. The police have no legal duty to protect and serve - their duty is to enforce the law.
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Jeremy Gage
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05-15-2008, 06:04 PM
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Originally Posted by smhbbag Quote: |
how can the public be assured that the police will uprightly perform their duty to protect and serve?
| Perhaps this will deviate the thread, but the premise is not true. The police have no legal duty to protect and serve - their duty is to enforce the law. |
Thank you,
I agree, but feel that their duty to enforce the law is a given. At the same time the reason they enforce the law is so that we may all be protected under the law. (Not to mention I've never seen a patrol car that didn't have "to serve and protect" inscribed somewhere on it, at least in the area of the US that I come from.  )
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05-15-2008, 06:10 PM
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Originally Posted by smhbbag Quote: |
how can the public be assured that the police will uprightly perform their duty to protect and serve?
| Perhaps this will deviate the thread, but the premise is not true. The police have no legal duty to protect and serve - their duty is to enforce the law. | This is incorrect too. They have no legal duty to enforce the law. They have the legal right to enforce the law, they have the discretion to enforce or not to enforce. If they had to duty to enforce the law, then they would be civily liable for every crime that took place, ergo they are not for that very reason.
Now, when they undertake to help a citizen, they create a duty to render help consistent with the hypothetical reasonable person standard because of the "undertaking" exception to the no duty to render aid doctrine.
__________________ Andrew DeShazo, Deacon, Associate Reformed Presbyterian Church, Memphis, TN "All of us stumble in many ways, but if anyone is never at fault in what he says, then he is mature, able to control his whole body."(James 3:2) | 
05-15-2008, 06:11 PM
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Originally Posted by MrMerlin777 but I will ask if a cop will lie to gain a confession (real or false), how can the public be assured that the police will uprightly perform their duty to protect and serve?  | Because lies told to suspects in the interview room are after Miranda rights have been waived and are documented in audio, video and police reports and subject to the scrutiny of lawyers, judges and jurys. There is never a warrant for a police officer to lie about telling a lie to a suspect when testifying.
__________________ Dan Member, Soaring Oaks Presbyterian (PCA) www.soaringoaks.org Northern California The duty of a theologian is, not to please the ear with empty sounds, but to confirm the conscience by teaching things which are true, certain and profitable.
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05-15-2008, 06:14 PM
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Yeah, I have a book a thick as my head sitting on the bed that ennumerates rules of Evidence. On cross-examination, a Defense attorney can do a good bit to impeach the testimony of an officer.
__________________ Andrew DeShazo, Deacon, Associate Reformed Presbyterian Church, Memphis, TN "All of us stumble in many ways, but if anyone is never at fault in what he says, then he is mature, able to control his whole body."(James 3:2) | 
05-15-2008, 06:20 PM
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Samuel Ward's sermon "Jethro's Justice of the Peace" (based on Exodus 18.21-23, which refers to the kind of magistrates Moses should choose, ie., "able men, such as fear God, men of truth, hating covetousness," et al.) has a section on that phrase "men of truth" that is worth reading. Magistrates ought to be men of truth indeed, setting an example to others in how the truth is handled, not corrupting the truth. Scripture teaches that "all prejudicing the truth...especially in public judicature" (WLC 145, italics mine) is a violation of the ninth commandment.
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05-15-2008, 06:25 PM
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This is incorrect too. They have no legal duty to enforce the law. They have the legal right to enforce the law, they have the discretion to enforce or not to enforce. If they had to duty to enforce the law, then they would be civily liable for every crime that took place, ergo they are not for that very reason.
Now, when they undertake to help a citizen, they create a duty to render help consistent with the hypothetical reasonable person standard because of the "undertaking" exception to the no duty to render aid doctrine.
| I was too quick and imprecise. This is much more accurate.
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05-15-2008, 06:33 PM
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| | | I have a 2 kingdom mentality
In the worldly kingdom, the ends justify the means so anything goes, here, lying to promoting a greater good (as it seems). But it doesn't promote a greater good. It promotes lying in the guise of being good.
If lying promoted good, God would say, "Lie." Jesus would have lied. He would have told his children and citizens to lie.
But, in the heavenly kingdom, it's citizens do not lie. They speak the truth in love.
You cannot ever do evil so that a good results. You become an instrument of Satan to build his kingdom.
Now, do I do it? Yep. So does everyone. We believers, when we are actually believing God at His word, advance His kingdom and its other-worldly ethic system otherwise, we help Satan with his.
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Bryan Wiley
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05-15-2008, 06:34 PM
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Originally Posted by Zenas Yeah, I have a book a thick as my head sitting on the bed that ennumerates rules of Evidence. On cross-examination, a Defense attorney can do a good bit to impeach the testimony of an officer. | Yes, I've gotten headaches reading such books.
__________________ Dan Member, Soaring Oaks Presbyterian (PCA) www.soaringoaks.org Northern California The duty of a theologian is, not to please the ear with empty sounds, but to confirm the conscience by teaching things which are true, certain and profitable.
John Calvin, 1559
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05-15-2008, 06:45 PM
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I do too.
__________________ Andrew DeShazo, Deacon, Associate Reformed Presbyterian Church, Memphis, TN "All of us stumble in many ways, but if anyone is never at fault in what he says, then he is mature, able to control his whole body."(James 3:2) | 
05-15-2008, 07:02 PM
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Originally Posted by smhbbag Quote: |
Didn't almost everyone in other threads we've had about deceit and lying for a "good cause" that could "save lives" or "make us safer" say it would be okay?
| All of those revolved around the one being lied to "not being entitled to the truth." That is, when you know the person would use the information for evil means (i.e. Nazi at your door looking for Jews) - then it is acceptable. And, in my view, a moral duty to lie as Rahab did. | Actually, there were several of us that wholeheartedly disagreed.  Quote:
Originally Posted by Zenas Quote:
Originally Posted by smhbbag Quote: |
how can the public be assured that the police will uprightly perform their duty to protect and serve?
| Perhaps this will deviate the thread, but the premise is not true. The police have no legal duty to protect and serve - their duty is to enforce the law. | This is incorrect too. They have no legal duty to enforce the law. They have the legal right to enforce the law, they have the discretion to enforce or not to enforce. If they had to duty to enforce the law, then they would be civily liable for every crime that took place, ergo they are not for that very reason.
Now, when they undertake to help a citizen, they create a duty to render help consistent with the hypothetical reasonable person standard because of the "undertaking" exception to the no duty to render aid doctrine. | An important distinction that is becoming increasingly blurred is that civil police are to protect the people. When the law becomes the center of their focus then their role begins to take on an "us vs. them" aspect, wich is highly distructructive to society. The "people" are to be able to depend on and trust the police to protect them; sometimes from themselves.
The military has an entirely different focus, which is why the military does not make a good police force. When they are used as police civil rights and protection get trampled.  on topic 
This is a tough topic because of the prevailing opinion that lying CAN be justified in certain circumstances. For the record, someone who will lie under certain circumstances cannot be relied upon to tell the truth in ALL circumstances. The line can become blurred, and perceptions may SEEM to dictate to their consciences that a lie is acceptable and prudent. This line, however, moves according to person, circumstances, pressures, mood, and other factors, both internal and external. God's character is not like this, but unchanging. A lie is a lie.
For more on this please check out the Lying and the Nazis at your door thread. It'll save time debating these things over again.
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05-15-2008, 07:31 PM
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I would like to propose a different scenario that is hinted at earlier - that of the undercover cop. Now I understand that many of you may never come across this in your life, but for those that do this can be a stressful experience when you have doubts about the morality of what you are doing. This can be taken to many other levels such as in the intelligence services or in the military. When the military deploys deceptive tactics against the enemy, isn't this a form of lying without words? Yet if it is not done, if all maneuvers are done out in the open, we all should know that this would be folly. Or what about two French students paid by the US government to go undercover into the border region of Pakistan to scout out fundamentalist activity. Should they lie when they are working for the national security of the United States? Or an FBI agent infiltrated into a Mexican drug ring? Or perhaps an MI6 IO that is collective information on a plot to blow up a transatlantic flight. Do they have the right to pretend to be someone else, or deploy some level of deception while doing their operation?
In the Bible we become familiar with biblical intelligence operations that "seem" to be sanctioned by God. Certainly he blessed them and didn't strike them down. What does this teach us about the modern world?
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05-15-2008, 08:11 PM
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Actually, there were several of us that wholeheartedly disagreed.
| I know there were those who disagreed, but I said that the "not entitled to the truth" justification was the only major reason listed by those who think lying is not always sin.
It's either that all lying is sin, or that all lying except in the Nazi-like examples where one is not entitled to the truth is sin. There were no other reasons advanced, such as the "for a good cause."
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05-15-2008, 08:57 PM
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I think cops and soldiers fall under the same category and military "undercover ops" is the same as stake out and undercover cop stuff. Otherwise, even a soldier wearing camoflauge is a form of a lie (deceiving others into thinking they are not there). All spy stuff then would be lies, too.
The disciples wanted to go to Jesus and didn't Jesus say he was not going..then a little later he went. I.e. he said he was not going THEN, but very soon after he went.
Gideon and his torches was a form of a military deception against an enemy...is that permissible?
The dutch hid the Jews. Armies hide their weapons, etc, husbands change the subject when wife's ask is that dress makes them look fat.....
I think there are many shades of what is lying and what is politeness, what is legitimate tactices against an enemy and what one says when others ask what they have no right to ask.
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05-15-2008, 09:06 PM
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But there seems to be an acceptance here that it is the government that does it right? Just like the government holds the power of the sword. If a private company was to do undercover cop/espionage, even if for good, would it have the same immunity?
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Fraser,
Trinity Reformed Baptist Church
Hamilton, New Zealand.
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