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| My 1934 Bank Robbery Arrest Booking Photo Before I Broke Out of the Crown Point, IN Jail... |
You’ve seen them all over your televisions, computer screens
and in newspaper photos. The images of
some accused person wearing prison jump suits, prison stripes, handcuffs and
even bulletproof vests. Nearly every prisoner
always looks very unhappy.
I’m not talking about convicted criminals but people that
are simply accused of crimes. Okay more
that 80% of those accused of crime later plead guilty or are convicted of
something. The real truth is many are
actually innocent have a right to and deserve a fair trial.
Today more than ever the stories about high profile arrests
are seen by virtually everyone. Before the Internet you had to watch TV news at
certain times on your TV set or locate and read a newspaper. Now through our new multimedia technology we
are bombarded with these stories and images like never before.
I want you to imagine your father, mother sister or child
being accused of a crime. Every arrestee
is forced to pose for a police-booking photo and have their fingerprints
imaged. This is an understandably
emotional time for anyone but imagine how horrible that can be for the
innocent. Those photos are considered a public record and must be turned over
to the media in all but some federal cases. The sad truth is the more
distressed you are in the picture the more it will be replayed by TV news
editors.
It’s difficult enough for anyone being booked for a crime or
worse paraded before the media in handcuffs and prison garb. Who could smile or even hope to appear
somewhat normal? This is nothing less
than a hopelessly degrading spectacle.
What goes through a potential juror’s mind to watch a
hapless and frightened suspect being hustled through a Perp Walk by the cops or
worse yet, the Court? It’s an image
that screams Guilty Criminal to anyone viewing.
How is that fair or in anyway advance the presumption of innocence
guaranteed by our Constitution?
The media demands that their cameras be allowed into
courtrooms. Our cops, prosecutors and
judges love their own celebrity being associated with notorious cases. Our public officials love the cameras and mug
for them at every opportunity, too often at the expense of innocents.
I can tell you from personal experience that cops tell the
media exactly when they bring in prisoners where cameras are allowed. Then they put on a dramatic Perp Walk show
that TV makes for great TV.
In court trials we make it a practice not to parade the
defendants before the jury in jail garb and chains. We know this influences juries
improperly. However these same accused
defendants must appear in numerous proceedings pre-trial in chains and prison
uniforms. If cameras are allowed in these proceedings the jurors are bound to
see them and imagine the worst.
I’m not a fan of cameras in our courts. Prosecutors and judges always seem to perform
for the cameras rather than simply do their jobs. Additionally during trials witnesses can
learn what others testified to in real time.
This guarantees perjury will be impossible to expose by lawyers as the
witnesses tailor their lies to each other.
Remember we exclude witnesses from watching the trial until after they
testify. Video cameras have an adverse
impact on the basic fairness of our trials.
Media Perp Walks and televised court proceedings are wrong
especially if posted, published or broadcasted before the end of a criminal
trial.
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