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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p177995_index.html Direct Link: HTML Code:

Ross, Jacqueline. "The Place of Covert Policing in Democratic Societies: A Comparative Study of the United States and Germany" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 24, 2007 <Not Available>. 2008-10-09 <http://www.allacademic.com/meta/p177995_index.html>

Ross, J. E. , 2007-07-24 "The Place of Covert Policing in Democratic Societies: A Comparative Study of the United States and Germany" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2008-10-09 from http://www.allacademic.com/meta/p177995_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: In the post 9/11 era, when democratic governments resort more freely to covert surveillance, it is worth asking how these extraordinary operations should be controlled and conceptualized. How should legal systems respond to the increased importance of infiltrating terrorist and criminal organizations? What are the challenges of taming the constantly changing and highly contested practices of undercover policing, which stubbornly resist oversight? In most democracies, political elites, legal actors, and critics agree that covert policing is in some sense a “necessary evil”—a means of acquiring evidence and intelligence that is at once useful and threatening to the rule of law. But legal systems forge different regulatory compromises and accord different degrees of legitimacy to the “necessary evil” of covert operations. My essay explores these issues by examining German undercover policing as both a topic in its own right and as a contrast case that helps identify distinctive features of the American system of covert operations. In particular, I will examine “legitimacy deficits”—some particular to the German undercover policing, and some inherent in covert operations whether in the United States, Germany, or Western Europe. My study of German covert policing rests on 89 field interviews with German police officials, undercover agents, training and supervisory officials, control officers, prosecutors, and judges in fifteen of the sixteen German states.

Feminist Activists Inside the State: Comparing Paths to Insider Activism in the United States, Germany and the United Kingdom

The United States and the Jurisdiction of International Courts: A Comparative Case Study of United States Senate Committee on Foreign Relations Hearings from 1924, 1931, 1946, and 2000