Regulating undercover law enforcement : The Australian experience

Book


Murphy, Brendon. (2021). Regulating undercover law enforcement : The Australian experience Springer. https://doi.org/10.1007/978-981-33-6381-6
AuthorsMurphy, Brendon
Abstract

This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side - a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence.

This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.

Keywordscovert regulation; covert policing (Australia); controlled operations; entrapment; Foucault; governmentality; legal theory
ISBN9789813363809
9789813363816
9789813363830
Digital Object Identifier (DOI)https://doi.org/10.1007/978-981-33-6381-6
Page range1-370
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2021
Publication process dates
Deposited21 Jun 2021
Year2021
PublisherSpringer
Place of publicationSingapore
Permalink -

https://acuresearchbank.acu.edu.au/item/8w40z/regulating-undercover-law-enforcement-the-australian-experience

Restricted files

Publisher's version

  • 8
    total views
  • 0
    total downloads
  • 1
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Drug Offences
Murphy, Brendon. (2021). Drug Offences. In Criminal law perspectives : From principles to practice pp. 564-648 Cambridge University Press. https://doi.org/10.1017/9781108868198
Against wellbeing : The problem of resources, metrics and care of the self
Murphy, Brendon. (2021). Against wellbeing : The problem of resources, metrics and care of the self. Alternative Law Journal. 46(2), pp. 108-114. https://doi.org/10.1177/1037969X211007580
Corporate law and corporate psychopaths
Sheehy, Benedict, Boddy, Clive and Murphy, Brendon. (2020). Corporate law and corporate psychopaths. Psychiatry Psychology and Law. pp. 1-29. https://doi.org/10.1080/13218719.2020.1795000
Corporate law and corporate psychopaths
Benedict Sheehy, Clive Boddy and Brendon Murphy. (2020). Corporate law and corporate psychopaths. Psychiatry Psychology and Law. https://doi.org/10.1080/13218719.2020.1795000
Case and Comment: RE Broes [2020] VSC 128
Murphy, Brendon. (2020). Case and Comment: RE Broes [2020] VSC 128. Criminal Law Journal. 44(6), pp. 189-195.
Bail in the Time of COVID-19
Brendon Murphy and Tahlia Ferrari. (2020). Bail in the Time of COVID-19. Criminal Law Journal. 44(4), pp. 247-263.
Constructing consent in the Australian Capital Territory
Murphy, Brendon. (2020). Constructing consent in the Australian Capital Territory. Canberra Law Review. 17(1), pp. 23 - 42.
Regulating undercover policing: Subjects, rights and governmentality
Murphy, Brendon. (2020). Regulating undercover policing: Subjects, rights and governmentality. Critical Criminology. 28, pp. 65 - 84. https://doi.org/10.1007/s10612-020-09504-6
Lawfare, standing and environmental discourse: A phronetic analysis
Murphy, Brendon and McGee, Jeff. (2018). Lawfare, standing and environmental discourse: A phronetic analysis. University of Tasmania Law Review. 37(2), pp. 131 - 168.
Soft law, responsibility and the biopolitics of front-of-pack food labels
Murphy, Brendon and Sanderson, Jay. (2017). Soft law, responsibility and the biopolitics of front-of-pack food labels. Griffith Law Review. 26(3), pp. 355 - 377. https://doi.org/10.1080/10383441.2017.1436371
Retaining and expanding breach of peace
Murphy, Brendon. (2017). Retaining and expanding breach of peace. Criminal Law Journal. 41(4), pp. 222 - 241.
Confessions to Mr Big: A new rule of evidence?
Murphy, Brendon and Anderson, John. (2016). Confessions to Mr Big: A new rule of evidence? International Journal of Evidence and Proof. 20(1), pp. 29 - 48. https://doi.org/10.1177/1365712715613485
Deceptive Apparatus: Foucauldian Perspectives on Law, Authorised Crime and the Rationalities of Undercover Investigation
Murphy, Brendon. (2016). Deceptive Apparatus: Foucauldian Perspectives on Law, Authorised Crime and the Rationalities of Undercover Investigation. Griffith Law Review. 25(2), pp. 223 - 244. https://doi.org/10.1080/10383441.2016.1194956
Phronetic legal inquiry : An effective design for law and society research?
Murphy, Brendon and McGee, Jeffrey. (2015). Phronetic legal inquiry : An effective design for law and society research? Griffith Law Review. 24(2), pp. 288-313. https://doi.org/10.1080/10383441.2015.1041631
Retrospective on Ridgeway : Governing principles of controlled operations
Murphy, Brendon. (2014). Retrospective on Ridgeway : Governing principles of controlled operations. Criminal Law Journal. 38(1), pp. 38-58.
After the serpent beguiled me : Entrapment and sentencing in Australia and Canada
Murphy, Brendon and Anderson, John. (2014). After the serpent beguiled me : Entrapment and sentencing in Australia and Canada. Queen's Law Journal. 39(2), pp. 621-654.
Case and comment : Police v McMillan [2010] NSWLC 9
Murphy, Brendon. (2011). Case and comment : Police v McMillan [2010] NSWLC 9. Criminal Law Journal. 35, pp. 46-50.
Pros and cons of the right to silence : A fundamental right or legal fiction?
Murphy, Brendon and Bronitt, Simon. (2009). Pros and cons of the right to silence : A fundamental right or legal fiction? Legaldate. 21(1), pp. 10-12. https://doi.org/10.3316/agispt.20091996
Human rights and right to die with dignity : Lessons from Europe on assisted suicide
Murphy, Brendon. (2009). Human rights and right to die with dignity : Lessons from Europe on assisted suicide. Criminal Law Journal. 33(6), pp. 341-356.
Motor accidents and blood samples in New South Wales
Murphy, Brendon. (2008). Motor accidents and blood samples in New South Wales. Journal of Law and Medicine. 15(4), pp. 644-653.
Case and comment : Rowe v Kemper [2008] QCA 175
Murphy, Brendon. (2008). Case and comment : Rowe v Kemper [2008] QCA 175. Criminal Law Journal. 32, pp. 384-389.
'Mates, Mr Big and the unwary' : Ongoing supply and its relationship to entrapment
Murphy, Brendon and Anderson, John. (2007). 'Mates, Mr Big and the unwary' : Ongoing supply and its relationship to entrapment. Current Issues in Criminal Justice. 19(1), pp. 5-33. https://doi.org/10.1080/10345329.2007.12036412