Policing, undercover policing and ‘dirty hands’: the case of state entrapment

Hill, DJ ORCID: 0000-0003-4546-8662, McLeod, SK ORCID: 0000-0003-1457-2942 and Tanyi, A ORCID: 0000-0002-2027-9446 (2024) Policing, undercover policing and ‘dirty hands’: the case of state entrapment Philosophical Studies, 181 (4). pp. 689-714. ISSN 0031-8116, 1573-0883

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Abstract

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention and restraint.

Item Type:	Article
Uncontrolled Keywords:	Dirty hands, State entrapment, Moral dilemmas, Police ethics, Proactive law enforcement, Undercover policing
Divisions:	Faculty of Humanities & Social Sciences > School of the Arts
Depositing User:	Symplectic Admin
Date Deposited:	17 Jan 2024 11:15
Last Modified:	28 Feb 2026 01:07
DOI:	10.1007/s11098-024-02110-0
Related Websites:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3177877
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