A recent Supreme Court of Canada (SCC) ruling resulted in stricter rules being placed on how police organizations can obtain confessions through a controversial undercover operation, known as the Mr. Big technique. The SCC placed the onus on prosecutors to demonstrate that the probative value of any Mr. Big derived confession outweighs its prejudicial effect, and that the police must refrain from an abuse of process (i.e., avoid overcoming the will of the accused to obtain a confession). We argue that a consideration by the SCC of the social influence tactics used to elicit confessions -because such tactics sully the circumstances preceding confessions and verge on abuse of process -should lead to all Mr. Big operations being prohibited.
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A Re-Examination of Probative Value and Abuse of Process through a Scientific LensPolice investigators are sometimes faced with instances where they are, for whatever reason, unable to solve serious crimes (e.g., lack of evidence, no confession). In response to such circumstances, some police organizations have employed elaborate undercover operations that circumvent the rules of custodial interrogations (i.e., where the suspect is formally detained in police custody). One type of undercover operation used to tackle such difficult cases in Canada is known as the major crime homicide technique -known colloquially as the Mr. Big technique (RCMP, 2011). In a recent Supreme Court of Canada (SCC) ruling (R. v. Hart, 2014), stricter rules were placed on how police organizations can obtain confessions using this technique.In the current article, we outline what is known about the Mr. Big technique and discuss the recent SCC ruling. We then review six powerful social influence tactics identified by Cialdini (2007) -reciprocity, consistency, liking, social proof, authority, and scarcity -for achieving compliance, and argue that each tactic is a sine qua non of Mr. Big operations. We also argue that the use of these tactics negates the probative value of all Mr. Big confessions and verges on an abuse of process. We conclude that it is impossible to envision the elicitation of an admissible confession from any Mr. Big operation.