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You must also read and respond to at least three other students’ papers no later than Sunday 11:59 PM EST/EDT. Your responses must be no less than 100 words each.

Give constructive feedback on submissions that have been posted by your classmates, including factual information and/or subjective interpretations. Remarks can include your opinion(s), but must be based on experience, research, and/or prior learning. Use insight gained from this exercise to enhance your ability to analyze other situations you may encounter.

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Running Head: DRNC SCENARIO Written Exercise 5: DRNC Scenario CRJ 530 – Ethical Issues in Criminal Justice November 12th, 2018 Dr. Phillip Neely, Jr. DRNC SCENARIO 2 Abstract For hundreds of years undercover investigations have been taking place in the US and around the world. Undercover agents, whether male or female, are still expected to abide the law. While there are certainly undercover investigators out there that are doing the wrong thing, there are some exceptions to the rule, depending on the circumstance and when approved by the higher command. Therefore, it is certainly possible for undercover agents to get away with crime when their mission dictates so. This paper is going to look the case of detective Underwood and Freeman, two female undercover agents who are seeking to infiltrate the Ruckus Society training camp, a training camp for “direct actions” protests groups. These trained groups are than expected to protest at an upcoming Democratic-Republican National Convention (DRNC) event in Miami. This paper will discuss limitations and restrictions that detective Underwood and Freeman are faced with during their undercover investigation as well as any legal and ethical ramifications of not following these guidelines. [Type here] DRNC SCENARIO 3 DRNC Scenario Amy Underwood who is assigned to the Vice & Narcotics section of the Pasco County Sheriff’s office, has stood out to superiors and subordinates as being an outstanding officer. She was selected as one of the two undercover investigators involved in stopping protestors from a group called Rucker society at the upcoming Democratic-Republic National Convention event in Miami Fl. Amy was selected for this position because she is divorced and has no children, therefor has no ties or commitments that would interfere with this mission. During a meeting with the US Attorney office, the surveillance team, the two undercover agents and respective supervisors they discussed the details of the mission. The target is a direct-action protest group named Ruckus Society. They are a nonprofit organization that was established in 1996. Their mission is to train as many protestors as they can in their training camp to disrupt major political events by breaking the law and civil obedience in order to seek social change. Agent Underwood and agent Freeman are to go undercover to their training camp site and learn their ways for two weeks. A similar mission was conducted in 2012 by agent Haar and Sullivan. However, this mission was quickly burnt because members of the society grew suspicious of the agents when they refused to smoke weed with the trainers. This time around they want to make sure the mission is not compromised and seek further advise from US Attorney Richard DeArmas as to what they can and cannot due during this undercover investigation. Undercover agents typically walk a thin line because the undercover investigation is not a freebie for breaking the law. If an illegal activity is unavoidable it will have to be approved by higher command first. Consuming drugs is highly discouraged however, not only because it is illegal but also because if consumed the credibility of the agent in court would be compromised. [Type here] DRNC SCENARIO 4 There are certainly exceptions to these rules depending on how severe the situation. Sometimes it calls for a crime to be committed to not blow the cover. Agents can commit certain crimes in their own discretion however they must be aware of the circumstances that they will face when they justify their reasoning after the crime was committed (Smallwood, 2018). They have to be aware that they could then face criminal charges themselves. Historically there have been undercover investigations where agents have gotten away with crimes simply because they altered the reports. However, in a case where they are under surveillance it would be hard to get away with such crime. Officers who abide by the law and follow the rules will go by the FBI guidelines about undercover operations, which strictly prohibits any activity that violates Federal and State law without prior approval (Smallwood, 2018). According to these guidelines, agents are not supposed to break the law in the slightest, meaning no jaywalking or even littering without prior authorization. Due to the fact this would make them look very suspicious to criminals who they are attempting to catch in a crime, many minor crimes are already approved by the command prior to the start of the investigation. If for some reason the undercover agent does not get prior approval for a crime, and they end up committing a crime due to an unforeseen circumstance, they can retroactively receive authorization if the agent’s safety was in question (Smallwood, 2018). To avoid entrapment agents are should get plans authorized prior to execution of. Agent Underwood and Freeman could suggest disrupting a smaller event nearby to gain the trainers trust in this scenario for example. In most cases undercover agents should not intervene illegal or criminal acts while they are happening, as it would blow their cover completely. There is a strong imbalance of ethical [Type here] DRNC SCENARIO 5 beliefs and doing the right thing while doing what is best for the mission. One will feel morally obligated to intervene however the act of intervening could potentially destroy the whole mission and negate the whole intend of conducting the investigation in the first place (Blomber and Cohen, 1995). Any time agents are attending an undercover investigation regardless of whether it involves, drugs, prostitution, burglaries or in this case violent protest groups they must fully be aware of their boundaries and what they are and are not allowed to do. Before agent Underwood and Freeman attend the training camp, they must understand their responsibilities while being undercover. For one they will have to dress to fit in which means no items of clothing that will reveal their association with the law enforcement. They are not allowed to take drugs unless their life depends on it and if, so they must take the minimal amount necessary to not blow their cover. They should always be armed even this is not possible like in this scenario than they must get prior approval (Police Bureau, 2018). Agent Underwood and agent Freeman should avoid being under the influence of alcohol as it will affect their level of judgment and effectiveness on the job. If they must drink alcohol they have to report it to their command after. The agents should not be involved in making any arrest while being undercover. And they must ensure that any video cameras or audio equipment is working properly before entering the training camp, so that they can stay in contact with the surveillance team and the team is there to call for back up in case they need to abort the mission. Safety words should be established beforehand in case of an emergency. Agent Underwood and Freeman will be entering the camp as two completely different individuals which means two completely new identities. Therefor it is important both agents stay in their role during the whole duration of the training. This means they must come up with life stories on their background and their beliefs that do not [Type here] DRNC SCENARIO 6 reflect their own. There are many factors involved before taking on an investigation like this and it is important the agents are aware of their responsibilities and their legal restraints while being undercover. [Type here] DRNC SCENARIO 7 References Smallwood, K (2018) Can the police commit crimes while undercover? Retrieved from: http://www.todayifoundout.com/index.php/2018/08/can-the-police-commit-crimes- Police Bureau (2018). Undercover Safety and Operations Procedures. Portland, OR. Retrieved from: https://www.portlandoregon.gov/police/article/529154 Blomberg, T and Cohen, S (1995). Recent Development in Undercover Policing. Retrieved from: http://web.mit.edu/gtmarx/www/recent.html [Type here] Running head: UNDERCOVER AGENTS Undercover Agents Cassandra Rollins Saint Leo University CRJ530 – Ethical Issues in Criminal Justice Dr. Phillip Neely, Jr. November 15, 2018 1 UNDERCOVER AGENTS 2 Abstract The use of undercover agents is beneficial to many operations. Individuals are required to give their full attention to the missions at stake while obtaining as much information as possible. An agent is expected to eat, sleep and live among the individuals in question while the operations are taking place to maintain secret identities. The risks involved with being an undercover agent are high. You may partake in illegal activities and illegal substance abuse. As an agent, you may cross ethical dilemmas that are required to complete the mission. Remember that undercover operations require you to take on a new identity, however, don’t let it ruin your life. UNDERCOVER AGENTS 3 Undercover Agents As the Assistant U.S. Attorney General, I will explain to Detective Underwood and Detective Freeman what behaviors and actions you can partake in. For this operation, you are required to infiltrate and become a member of the Ruckus Society. To complete this task, you are required to go deep undercover, which means you will eat, sleep and live with the members. The group may ask you to accompany them in illegal or dangerous activities, and as part of the mission, I will explain what you can partake in. You may also be asked to participate in consuming an illegal substance as part of the initiation phase. During these phases, you can accept all initiation phases you are comfortable with. If they require you to take part in small petit theft crimes or ingest illegal substances, you can go without repercussions after the operation is over. As part of an undercover operation, an individual is required to take all required actions to obtain as much information about their plans as possible. If the Ruckus Society expects you to commit a felony, try finding alternative ways to conduct the activity. If you are caught in the process of completing the crime, you along with your counterparts will be placed in jail. The purpose of an undercover operation is to obtain information while ensuring your covert status is not compromised. While you are arrested, you will be treated the same as the others to ensure there are no suspicions of what is taking place. Ensure you remember that when an operation is happening, you will have minimum contact with the outside world. You need to let your family know that you will be away for approximately six months and to not worry about your wellbeing. You also need to ensure to let friends know you are on a mission and will be out of reach for the next few months. Ensure no-one knows any information about the mission outside of this room. Missions will only be required participation of up to one year. All individuals involved with be UNDERCOVER AGENTS 4 compensated with pay after task is complete and all funds needed during operation will be placed into accounts. Members will likely be at risk of physical injury and experience violence. As the Assistant Attorney General, I will discuss the reasons why you can partake in misdemeanor crimes. The most important thing to remember is that you are here to complete a mission and are only to partake in illegal activity if the reason is justified. Justifications include: to obtain information or evidence needed for the success of the investigation and there is no option unless participating in the activity, to maintain cover or credibility, and to prevent death or serious bodily harm ("DOJ," 1992). A member can use self-defense in all situations to include, protecting him or herself and the lives of others against wrongful force. All information is laid out ahead of time to ensure you fully understand what ramifications may take place when certain felony crimes are committed. As undercover agents, you are only allowed to conduct these felony crimes if it falls under one of the three justifications covered earlier in the paper. The list of felony crimes includes illegal wiretapping, illegal mail opening, breaking and entering, and trespassing to obtain an illegal search. Ensuring to only conduct unlawful activity as a last resort to maintain the credibility of the situation. There are always going to be individuals watching and recording information of all incidents or crimes committed. Officers will only intercept or become involved in a situation if an outsider has reported the crime or if they can guarantee your identities will not be exposed. Officers will not prevent crimes from happening even if they know ahead of time. The reason for this is to ensure all undercover agents maintain their identity and ensure their safety. As the Assistant Attorney General, I need to ensure both Detective Underwood and Detective Freeman understand all risks involved, along with what is acceptable during your time as an agent. Both agents will attend a two-day undercover course to prepare for your mission. UNDERCOVER AGENTS 5 This training ensures individuals understand the need for and purpose of covert operations along with successful undercover investigative techniques (MCTFT, 2017). These pieces of training will assist to have a better understanding of what to expect when you arrive at your first Ruckus training camp. Ensure you conduct training on your own time to ensure you understand what the group believes in and what their ultimate goals are. UNDERCOVER AGENTS 6 References The Ruckus Society (2011). The Ruckus Society: Actions Speak Louder than Words. Retrieved from http://www.ruckus.org/index.php Undercover and Sensitive Operations Unit, Attorney General’s Guidelines on FBI Undercover Operations. (1992). Retrieved from https://www.justice.gov/archives/ag/undercover-andsensitive-operations-unit-attorney-generals-guidelines-fbi-undercover-operations Undercover Operations (2-day). (2017). Retrieved from https://mctft.org/training/traditionaltraining/undercover-operations/ Running Head: DRNC SCENARIO 1 DRNC Scenario Megan Clark CRJ530 – Ethical Issues in Criminal Justice St. Leo University November 15, 2018 DRNC SCENARIO 2 Abstract In law enforcement, there are always going to be undercover assignments that are being worked on. Only the people highly qualified will be asked to perform these operations. For the person undercover, they need to know when they have crossed the line. What rules or laws are they allowed to break? Or are they allowed to break any at all? These are the questions we will be going over to decide if Detective Underwood and Freeman are indeed allowed to commit any crimes while going undercover at the Ruckus Society training camp. DRNC SCENARIO 3 DRNC Scenario As the Assistant U.S. Attorney Richard DeArmas, it is my job to provide in detail the types of activity Detective Underwood and Freeman will be able to engage in through this undercover operation. They have asked questions regarding committing misdemeanor offenses such as smoking marijuana or shoplifting with the members of this training camp to disguise their cover. It has also been brought to my attention that they are also wanting to know if they can commit other crimes such as grand theft or armed robbery. The guidelines of what an undercover detective is allowed to do during their mission will be discussed along with what they are not allowed to do. They will need to be as prepared as possible so they do not blow their cover as the detectives did years before. Detectives that are sent to go undercover have multiple responsibilities but one of the biggest ones is by not letting the criminals know that they are undercover. They may have to break the law and commit crimes if it means that the operation is successful. Criminals do what they can to make sure someone they are dealing with is not a cop. They may ask them to do things that they wouldn’t think a cop would do. For instance, if the case is drug case, not only will they possibly be asked to transport drugs, but the criminals they are working with may ask them to do other things such as smoke the drugs they are handling. If those criminals suspect they are dealing with cops it is likely that they will stop participating, therefore leading the officers to a dead end and not ending in an arrest. Or like the situation before, they may be asked to leave the facility. They need the individuals at the Ruckus Society training camp to think they are regular everyday people. There are guidelines put into place for these types of situations and that is so the detectives do not veer off the wrong track. A detective cannot commit a crime if it is not DRNC SCENARIO 4 involved in an undercover operation. Therefore, smoking marijuana undercover is different than smoking marijuana with a friend. The pressure of these situations can take a toll on the undercover detective, therefore leading them to do things that they shouldn’t. Operations where officers go deep undercover can have an effect on them not just physically, but mentally too. In this situation, Detective Underwood and Freeman are assigned to stay at the Ruckus Society training camp and live with them for two weeks. This camp provides training to protesters, specifically ones that may try to disrupt the Democratic-Republican National Convention (DRNC) being held in Miami-Dade County the following year. During this time at the camp, they will have no communication with their family and friends. They will be given cell phones to be able to communicate with their co-workers but they will not physically see them for at least two weeks. Detective Underwood and Freeman are told that they may commit crimes such as smoking marijuana or petit theft if it is necessary to keep their identities hidden during this operation. It is likely, like the failed operation in the past, that if they don’t agree to smoke with the group when asked that they may get suspicious. Police officers are legally allowed to participate in crime so long as the conduct furthers legitimate objectives (Joh, 2009). An undercover detective is not to commit violent crimes unless it is out of self-defense. In an emergency situation they are to take appropriate action and use self-defense if needed to protect their life along with others (The U.S. Department of Justice, 2017). In this case, Detective Underwood and Freeman should try to avoid engaging in activity such as armed robbery or grand theft. There are certain activities that could be authorized by the Special Agent in Charge for the agent undercover such as the payment of bribes, purchase of stolen or contraband goods, and the controlled delivery of drugs (Joh, 2009). Those are a few examples of crimes that can be approved but others can as well as long as they are discussed before the operation. All of the DRNC SCENARIO 5 issues that may come into play during this operation need to be reviewed a head of time so they can be approved. All scenarios should be brought to the table beforehand because anything can happen while out at the training camp and it is better to review it in advance so they do not violate any laws or be charged for the crime they commit. It would be best if Detective Underwood and Freeman do not intervene in a situation where they know there is a crime about to be committed. Intervening can expose their cover and therefore ruin the operation. Since Detective Tom Sullivan and Detective Roland Haar will be in touch with Detective Underwood and Freeman, they can give a heads up to those on the outside if possible but should not engage in the situation by themselves. Intervening could not only jeopardize the operation but could put the detectives in a bind. The last thing that the agency wants is to get the detectives hurt or put them in danger. Their jobs are to gather information during their stay at the camp. As Detective Underwood and Freeman get ready for this undercover operation, they need to make sure that they do not tell anyone about this. They need to let their family and friends know that they will be away for a period of time so they do not worry. When they go into the Ruckus Society training camp they will have to play the part in all aspects. There are certain crimes that have been discussed that if they commit those crimes they will not be punished. Making ethical decisions is a huge part of who they are as detectives so doing their best to continue to make ethical decisions while they are there are recommended. Going undercover is a tough job and can be even tougher depending on the situation. Both detectives are going to be briefed on every detail of the operation months in advance and we will continue to go over it with them the weeks and days leading up to it. They were chosen for this job because we believe they are the best fit. Every question they have will be answered DRNC SCENARIO before they leave and the guidelines will be reviewed. Detective Underwood and Freeman will be more than ready for this mission and this agency has the utmost confidence in these two hard working detectives. 6 DRNC SCENARIO 7 References (2011). Retrieved from The Ruckus Society: Action Speak Louder Than Words: http://www.ruckus.org/index.php (2017, March 8). Retrieved from The U.S. Department of Justice: https://www.justice.gov/archives/ag/undercover-and-sensitive-operations-unit-attorneygenerals-guidelines-fbi-undercover-operations#serious Joh, E. E. (2009). Stanford Law Review. Breaking the Law to Enforce It: Undercover Police Participation in Crime, 155-198.
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