NCJ Number
167309
Date Published
1997
Length
15 pages
Annotation
Based on a critique of Thomas Snow's ethical guidelines for transnational law enforcement (see NCJ-167308), this paper develops a theory of morally permissible transnational law enforcement.
Abstract
The critique of Snow suggests a substantial revision of the guidance he offers. Three mandatory rules, in contrast to Snow's flawed expanded ethical system, are offered. One rule focuses on assistance. It states that any state may, and every state should, assist in another's law enforcement, upon its request, whether the request is for evidence, extradition, help in capturing a fugitive, or some other lawful act, except when providing such assistance would require violating a moral rule or otherwise contribute materially to a substantial moral wrong. The second rule pertains to unilateral acts. It states that no state may instruct, authorize, or otherwise permit its law enforcement agents to commit any crime within the territory of another state; any act that would violate the criminal law if committed at home; or any act that violates the law enforcement agent's professional code or other morally binding standard of conduct. Regarding agreements, the third rule indicates that no state may make a treaty or commitment that requires it to do any act that violates the first or second rule. In arguing that these rules, even though not part of ordinary morality, provide ethical guidance for those fighting transnational crime, the author explains his understanding of the relation between "normative," "moral," and "ethical." This explanation sets the stage for a defense of the three rules. 6 notes