Recent RMIT research explores the ethics of potential coerced confessions, the reliability and admissibility of such evidence, and whether ‘Mr Big’ should be phased out of the Australian legal system.
Covert police operations, known as ‘Mr Big’, are still used in Australia despite international and academic scrutiny.
‘Mr Big’ operations involve undercover police officers posing as participants of a criminal enterprise to persuade a suspect to confess a real crime.
Among recent cases in Australia, the Mr Big method was notably used to elicit a confession from Brett Peter Cowan, who was convicted in 2014 of the murder of 13-year-old Daniel Morcombe.
“Research shows police should review their reliance on this type of operation as, at times, their strategy exploits vulnerabilities of suspects,” said lead researcher Dr Lisanne Adam.
“For instance, substantial financial reward may be used to elicit a confession from individuals suffering substance addiction or homelessness.
“Mr Big operations present a conundrum. On one hand, there is a public interest in resolving homicide investigations and bringing perpetrators to justice. On the other hand, there is a public interest in ensuring that every person is treated fairly within our criminal justice system.
“When we balance these interests, which one should prevail?”
Dr Lisanne Adam is Lecturer in Law in the College of Business and Law at RMIT University. Her research explores criminal law and procedure, policing, evidence laws and its interaction with technology and forensic psychology.
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