Putting the Mr. Big technique back on trial: a re-examination of probative value and abuse of process through a scientific lens
Bibliographic record
Abstract
Purpose – 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). The purpose of this paper is to determine whether a consideration of the social influence tactics present in the Mr. Big technique would deem Mr. Big confessions inadmissible. Design/methodology/approach – The social psychological literature related to the compliance and the six main principles of social influence (i.e. reciprocity, consistency, liking, social proof, authority, scarcity) was reviewed. The extent to which these social influence principles are arguably present in Mr. Big operations are discussed. Findings – Mr. Big operations, by their very nature, create unfavourable circumstances for the accused that are rife with psychological pressure to comply and ultimately confess. 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. Practical implications – Concerns regarding the level of compliance in the Mr. Big technique call into question how Mr. Big operations violate the guidelines set out by the SCC ruling. The findings from the current paper could have a potential impact of the admissibility of Mr. Big confessions, along with continued use of this controversial technique. Originality/value – The current paper represents the first in-depth analysis of the Mr. Big technique through a social psychological lens.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.203 | 0.224 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.002 | 0.001 |
| Bibliometrics | 0.013 | 0.007 |
| Science and technology studies | 0.013 | 0.145 |
| Scholarly communication | 0.025 | 0.030 |
| Open science | 0.005 | 0.008 |
| Research integrity | 0.011 | 0.020 |
| Insufficient payload (model declined to judge) | 0.003 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".