Rethinking Crime Photos & Rights of Nonviolent Offenders
November 12, 2018 12:55 PM Subscribe
Thanks to the internet’s meticulous record-keeping, journalists are rethinking the ethics of publishing the identities of nonviolent criminals. There is a growing movement in newsrooms across America to end the tradition of naming and shaming people for minor crimes. The advent of online news has prompted journalists to consider how such reporting can perpetuate the criminalization of nonviolent offenders far into the future, thanks to the meticulous record-keeping practices of search engines like Google.
It’s probably long overdue.
However, I have been the beneficiary of a local paper publishing a mug shot. A guy in my state with the same name and about the same age (he’s a few years younger than me) was arrested and convicted for fraud some years ago. Fortunately for me, his mug shot shows it’s obviously not me. For which I’m grateful, lest potential employers or others google my name and draw the wrong conclusions.
(Edited to correct the publisher of photo as a local paper,)
posted by darkstar at 1:04 PM on November 12, 2018 [5 favorites]
However, I have been the beneficiary of a local paper publishing a mug shot. A guy in my state with the same name and about the same age (he’s a few years younger than me) was arrested and convicted for fraud some years ago. Fortunately for me, his mug shot shows it’s obviously not me. For which I’m grateful, lest potential employers or others google my name and draw the wrong conclusions.
(Edited to correct the publisher of photo as a local paper,)
posted by darkstar at 1:04 PM on November 12, 2018 [5 favorites]
Advocates of reducing the amount of crime photography in the news have also argued that such images assume guilt for people who have just been arrested, not adjudicated.
I've always winced at the televised 'perp walk', language that is pretty explicit in the assumption that the arrestee did indeed actually commit the crime.
posted by jaduncan at 1:08 PM on November 12, 2018 [9 favorites]
I've always winced at the televised 'perp walk', language that is pretty explicit in the assumption that the arrestee did indeed actually commit the crime.
posted by jaduncan at 1:08 PM on November 12, 2018 [9 favorites]
My county's sheriff recently stopped putting mugshots online, too. He said that other sites would publish the photos and charge people for taking them down, and he didn't want to be participating in that cycle of exploitation.
posted by lazuli at 1:22 PM on November 12, 2018 [41 favorites]
posted by lazuli at 1:22 PM on November 12, 2018 [41 favorites]
would like to see crimes such as sexual coercion or sexual activity with minors continue to be reported on.
Is registering as a sex offender not enough? The vast majority of these people are merely family and friends of the victim.
If this gets mugshots off the internet, I'm supportive.
posted by rhizome at 1:49 PM on November 12, 2018 [2 favorites]
Is registering as a sex offender not enough? The vast majority of these people are merely family and friends of the victim.
If this gets mugshots off the internet, I'm supportive.
posted by rhizome at 1:49 PM on November 12, 2018 [2 favorites]
One important argument I've heard in support of the publicity of mugshots is that, if the government is required to publicly identify the people it has arrested, it is more difficult for them to simply disappear people. Whether it's an effective justification, I don't know.
As an aside, I recently re-watched Eyes on the Prize and one of the things that struck me is the incongruity between representations of black people there, versus mainstream reporting on politics, pop culture and crime.
I've always assumed that representations of blackness are carefully curated for (negative) effect by the establishment and that one of its most effective tools has always been the mugshot.
posted by klanawa at 1:58 PM on November 12, 2018 [3 favorites]
As an aside, I recently re-watched Eyes on the Prize and one of the things that struck me is the incongruity between representations of black people there, versus mainstream reporting on politics, pop culture and crime.
I've always assumed that representations of blackness are carefully curated for (negative) effect by the establishment and that one of its most effective tools has always been the mugshot.
posted by klanawa at 1:58 PM on November 12, 2018 [3 favorites]
the last time I traveled through the american south I was deeply disturbed by how many convenience stores sold these cheap little "newspapers" that printed nothing but mugshots and "funny" captions about the person depicted in the mugshots.
vast swathes of the country — most especially the south — are casually and openly barbaric in ways that are nearly unthinkable when one is in the parts of the world where barbarism is more subtle and veiled.
posted by Reclusive Novelist Thomas Pynchon at 2:05 PM on November 12, 2018 [19 favorites]
vast swathes of the country — most especially the south — are casually and openly barbaric in ways that are nearly unthinkable when one is in the parts of the world where barbarism is more subtle and veiled.
posted by Reclusive Novelist Thomas Pynchon at 2:05 PM on November 12, 2018 [19 favorites]
Part of the problem is that many people (if you are lucky) just skim the article but scrutinize the picture. Immediate assumption of guilt.
posted by Samizdata at 2:06 PM on November 12, 2018 [1 favorite]
posted by Samizdata at 2:06 PM on November 12, 2018 [1 favorite]
One important argument I've heard in support of the publicity of mugshots is that, if the government is required to publicly identify the people it has arrested, it is more difficult for them to simply disappear people. Whether it's an effective justification, I don't know.
Maybe it would stop more people from being disappeared, but it already happens plenty. Besides that, the mugshot industry doesn't really need to use that many different mugshots of black people because their target demographic thinks all black people look alike.
That said, the saddest implementation of mugshot-shaming is when they use them in these small-town local police-blotter pages where they could really be someone you know. Or have power over.
posted by rhizome at 2:07 PM on November 12, 2018 [7 favorites]
Maybe it would stop more people from being disappeared, but it already happens plenty. Besides that, the mugshot industry doesn't really need to use that many different mugshots of black people because their target demographic thinks all black people look alike.
That said, the saddest implementation of mugshot-shaming is when they use them in these small-town local police-blotter pages where they could really be someone you know. Or have power over.
posted by rhizome at 2:07 PM on November 12, 2018 [7 favorites]
I was arrested on a misdemeanor where the arrest consisted of putting me in handcuffs in the back of a police car for 15 minutes while they wrote the ticket then left to go on my way, so no booking or mugshot. Still, my mom saw my name in the local paper's crime blotter a week later and sent me a nasty email. So let's be more kind to disappointed mothers everywhere.
posted by peeedro at 2:10 PM on November 12, 2018 [7 favorites]
posted by peeedro at 2:10 PM on November 12, 2018 [7 favorites]
The local police department used to publish, on its website, recent prostitution arrests complete with mug shot and location of arrest. The page appears to be gone, perhaps because someone realized that it amounted to a local sex worker directory.
posted by Halloween Jack at 2:13 PM on November 12, 2018 [10 favorites]
posted by Halloween Jack at 2:13 PM on November 12, 2018 [10 favorites]
It’s not just the Google effect. There are tons of media aggregators (eg Dow Jones) that continually scrape this information, then automatically parse, sort, categorize and package the info into databases that are then sold to large companies who use this information to decide if they want you as a customer. Many of these aggregators store their own cached versions of these articles, so even if your 2007 arrest (not conviction, arrest) for drug possession is removed from your local newspaper’s website, it still lives on in private databases and may be harmful to you in scenarios you don’t even think about.
posted by drawfrommemory at 2:15 PM on November 12, 2018 [9 favorites]
posted by drawfrommemory at 2:15 PM on November 12, 2018 [9 favorites]
This is good. Innocent until proven guilty, and even guilty people should be able to pay their debt to society.
posted by Monochrome at 2:17 PM on November 12, 2018 [4 favorites]
posted by Monochrome at 2:17 PM on November 12, 2018 [4 favorites]
well and also American police forces are a blight, an unalloyed bad, and anything that in any way keeps them from further fucking with peoples’ lives is good
posted by Reclusive Novelist Thomas Pynchon at 3:10 PM on November 12, 2018 [7 favorites]
posted by Reclusive Novelist Thomas Pynchon at 3:10 PM on November 12, 2018 [7 favorites]
- would like to see crimes such as sexual coercion or sexual activity with minors continue to be reported on.
-- Is registering as a sex offender not enough? The vast majority of these people are merely family and friends of the victim.
The FPP is about minor crimes and non-violent offenders.
posted by Iris Gambol at 3:13 PM on November 12, 2018 [3 favorites]
-- Is registering as a sex offender not enough? The vast majority of these people are merely family and friends of the victim.
The FPP is about minor crimes and non-violent offenders.
posted by Iris Gambol at 3:13 PM on November 12, 2018 [3 favorites]
tavella: Sonoma County sheriff removes jail mug shots from internet
posted by lazuli at 3:44 PM on November 12, 2018 [5 favorites]
posted by lazuli at 3:44 PM on November 12, 2018 [5 favorites]
Interesting...they also note the socioeconomic disparity in the way those mug shots discriminate against people, too:
posted by darkstar at 3:52 PM on November 12, 2018 [13 favorites]
In a statement Monday, Giordano said the policy change last November resulted in “disproportionately displaying the booking photos of homeless and mentally ill people compared to those members of our society who have the economic means to post bail.”Very cool to see a Sheriff’s department making civilized and compassionate arguments like that.
posted by darkstar at 3:52 PM on November 12, 2018 [13 favorites]
> Iris Gambol:
"- would like to see crimes such as sexual coercion or sexual activity with minors continue to be reported on.
-- Is registering as a sex offender not enough? The vast majority of these people are merely family and friends of the victim.
The FPP is about minor crimes and non-violent offenders."
You know, having a bladder emergency and getting caught in a dark alley gets you a sex offender registration...
posted by Samizdata at 3:55 PM on November 12, 2018 [4 favorites]
"- would like to see crimes such as sexual coercion or sexual activity with minors continue to be reported on.
-- Is registering as a sex offender not enough? The vast majority of these people are merely family and friends of the victim.
The FPP is about minor crimes and non-violent offenders."
You know, having a bladder emergency and getting caught in a dark alley gets you a sex offender registration...
posted by Samizdata at 3:55 PM on November 12, 2018 [4 favorites]
Interesting...they also note the socioeconomic disparity in the way those mug shots discriminate against people, too
Yeah, I really like Giordano, at least as much I I can like an individual while being fairly anti-police, and I was sad that he didn't seek election (he was appointed after the elected sheriff retired early). I don't have any sense of the new sheriff yet (I'm not even sure if he's taken office yet), so we'll see.
posted by lazuli at 4:01 PM on November 12, 2018
Yeah, I really like Giordano, at least as much I I can like an individual while being fairly anti-police, and I was sad that he didn't seek election (he was appointed after the elected sheriff retired early). I don't have any sense of the new sheriff yet (I'm not even sure if he's taken office yet), so we'll see.
posted by lazuli at 4:01 PM on November 12, 2018
Samizdata, that sort of victim-less situation was not what those two posters were referencing. Sorry if you've experienced such an emergency.
posted by Iris Gambol at 4:43 PM on November 12, 2018 [5 favorites]
posted by Iris Gambol at 4:43 PM on November 12, 2018 [5 favorites]
Part of the problem is that many people (if you are lucky) just skim the article but scrutinize the picture. Immediate assumption of guilt.
Many years ago a wise teacher told me that if you read only one or two pages of a newspaper, you should read the op-ed pages. While this was wise advice in the previous century, this kept me reading comments on news stories far longer than I should have. What I have gleaned is that everyone accused of a crime is obviously guilty, every finding of not guilty is a travesty of justice, and every sentence ever handed down is far too lenient.
posted by ricochet biscuit at 8:28 PM on November 12, 2018 [1 favorite]
Many years ago a wise teacher told me that if you read only one or two pages of a newspaper, you should read the op-ed pages. While this was wise advice in the previous century, this kept me reading comments on news stories far longer than I should have. What I have gleaned is that everyone accused of a crime is obviously guilty, every finding of not guilty is a travesty of justice, and every sentence ever handed down is far too lenient.
posted by ricochet biscuit at 8:28 PM on November 12, 2018 [1 favorite]
> Iris Gambol:
"Samizdata, that sort of victim-less situation was not what those two posters were referencing. Sorry if you've experienced such an emergency."
I have, but never got caught, luckily.
posted by Samizdata at 1:31 AM on November 13, 2018 [2 favorites]
"Samizdata, that sort of victim-less situation was not what those two posters were referencing. Sorry if you've experienced such an emergency."
I have, but never got caught, luckily.
posted by Samizdata at 1:31 AM on November 13, 2018 [2 favorites]
This article mentions EU "right to be forgotten" laws, but there's another European legal quirk that came to mind.
As far as I know, the Netherlands fundamentally doesn't allow publication of the full name and image of a suspected criminal (violent or not) unless permission is obtained from the Public Prosecution Service, although the previous law from 2009 was somewhat liberalized last year. Basically, the full name and other details of a suspected or convicted person can basically only be published if they can't be located by the police, or if there is proof that they intend to commit a serious crime, or other concerns that are deemed urgent enough to override the right to privacy, but that's pretty much it, as far as I know. Either way, their details are not automatically considered public domain as soon as they are under suspicion, arrested, or convicted.
As an American who recently moved to the Netherlands and has an interest in true crime (sordid and tacky, I know, but it is what it is), I was a little taken aback by media treatment of the first highly publicized disappearance/murder investigation that happened after I started following the news here. The victim had gone missing, so her name and picture were all over the place, presumably in the hopes that she could be located. When a suspect for her rape and murder was found, only the suspect's first name and last initial were published, which I found really odd. Still, it's started to seem much more reasonable to me. For one, it reduces the attention given to the suspect and hinders the development of a cult of personality or a public referendum on their guilt. For another, I think it gets attention away from punishment/revenge and focuses on the fair application of the judicial process, which I think is better for society in the long run. That might be too optimistic, I suppose, but it's where I'm at.
Not all Dutch people are on board with this, but overall people seem to believe that the right to privacy usually overrules the ability of the public to participate in criminal investigations.
posted by wakannai at 4:41 AM on November 13, 2018 [6 favorites]
As far as I know, the Netherlands fundamentally doesn't allow publication of the full name and image of a suspected criminal (violent or not) unless permission is obtained from the Public Prosecution Service, although the previous law from 2009 was somewhat liberalized last year. Basically, the full name and other details of a suspected or convicted person can basically only be published if they can't be located by the police, or if there is proof that they intend to commit a serious crime, or other concerns that are deemed urgent enough to override the right to privacy, but that's pretty much it, as far as I know. Either way, their details are not automatically considered public domain as soon as they are under suspicion, arrested, or convicted.
As an American who recently moved to the Netherlands and has an interest in true crime (sordid and tacky, I know, but it is what it is), I was a little taken aback by media treatment of the first highly publicized disappearance/murder investigation that happened after I started following the news here. The victim had gone missing, so her name and picture were all over the place, presumably in the hopes that she could be located. When a suspect for her rape and murder was found, only the suspect's first name and last initial were published, which I found really odd. Still, it's started to seem much more reasonable to me. For one, it reduces the attention given to the suspect and hinders the development of a cult of personality or a public referendum on their guilt. For another, I think it gets attention away from punishment/revenge and focuses on the fair application of the judicial process, which I think is better for society in the long run. That might be too optimistic, I suppose, but it's where I'm at.
Not all Dutch people are on board with this, but overall people seem to believe that the right to privacy usually overrules the ability of the public to participate in criminal investigations.
posted by wakannai at 4:41 AM on November 13, 2018 [6 favorites]
In addition, we REALLY need to revamp the way we register, rate, and tag sex-offenders. It's good to see the country gaining a more nuanced understanding of what it means to have been convicted of a crime, but most people still think of "sex offenders" as a monolithic group of failed human beings. It's a VERY diverse Venn diagram of monsters, victims, reformed criminals, and people with mental or developmental issues who acted inappropriately. Many states process, register, and treat them as a monolith. The overwhelming majority of the public treats them as a monolith.
posted by es_de_bah at 10:57 AM on November 13, 2018 [4 favorites]
posted by es_de_bah at 10:57 AM on November 13, 2018 [4 favorites]
It's a VERY diverse Venn diagram of monsters, victims, reformed criminals, and people with mental or developmental issues who acted inappropriately.
And people with Crohn’s who had the alternative of peeing behind a bush or wetting their pants.
posted by ricochet biscuit at 8:14 AM on November 14, 2018
And people with Crohn’s who had the alternative of peeing behind a bush or wetting their pants.
posted by ricochet biscuit at 8:14 AM on November 14, 2018
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