Juris Publici Life Style

Wanted Posters: Unfair Embarrassment or Effective Crime Fighting Tool?

I started this column to write about political and social issues affecting us in today's society. You will notice my slant is to the right of the liberal/conservative spectrum. This year, I have a "lefty" to take up the liberal cause. Robin Farkas will write on the same topics, but from the opposite viewpoint; a "Crossfire" motif if you will. This commentary is not intended to lecture, only to make us think as people and future lawyers. These words are entirely our opinion and do not reflect the opinion of Juris Publici, T.C. Williams, or the University of Richmond.
 

From the Left....
by Robin Farkas

YOUR NAME - YOUR PHOTO - YOU'RE BAD!

By Robin Farkas, From the Left...

If I put YOUR photo and name here – on-line – and if I told the world I think you committed some crime, and that you might be dangerous... If I implied YOU are a bad person, but you haven't actually been convicted of anything – would that be ok with you? Or would you be looking up the elements of libel by now?

Uncle Sam does it all the time. There are plenty of situations where publicizing a private person is appropriate. For instance, a missing child – publicity is a good thing when a missing child's photo is broadcast across the nation; on the evening news, on posters, distributed among police officers, on milk cartons, through flyers in the mail. Most would concur no harm is done by distributing the child's name and photo in this circumstance. Parents of missing children are normally grateful for all the publicity they can get during those desperate times.

What about escaped convicts? If you live near a prison, you don't want to hear, "Three prisoners escaped last night... all convicted of murder... believed to be armed and dangerous... may still be in the neighborhood..." That's just not what you want to wake up to in the morning. But, luckily, prisons keep good current photos, so you can see the enemy and know whom is on the run. Here, too, not many would oppose the bad publicity raining down on escaped convicts.

Have you seen a one-armed man anywhere?

O.K. How about people the police think might have committed some horrible crime. You know the sort – long rap sheets, prior felonies, lots of evidence... Sure, they haven't been convicted of this crime yet, but odds are, they will be, if only we can find them. These are the guys and gals on the wall in the post office. Or, for a better picture, sometimes in color, go to www.fbi.gov/mostwanted.htm – that's right, the FBI's Most Wanted List – on-line. I love technology! Now, it's possible these fugitives didn't really do it, and are not showing up at their local friendly FBI branch office because they're too busy trying to find the one-armed man. But I still think it would be a stretch to say the violation of their civil rights (the bad publicity) outweighs public policy here. After all, if these are considered the baddest of the bad, they ought to be found sooner rather than later.

Putting them in jail isn't bad enough for these scoundrels - let's embarrass them too!!

And then there are drug dealers. If someone is arrested on a drug charge, should their picture be plastered all over? If they are a big-time drug dealer? If they are buying drugs for personal consumption? If they are with someone who is buying some dope? What about if they aren't trying to buy drugs at all, but were in the wrong place at the wrong time? You have to be careful about whom you hang out with today. Anyway, should localities publish the names and photos of those arrested for drugs? Mind you – not convicted of a drug offense, just arrested! Some towns do.

But who is it really embarrassing?

In Boston, not only do they promote the cable-access TV broadcasting of the names and photos of those arrested for drugs, but also those arrested for soliciting a prostitute! Wow! That must be embarrassing... It's bad enough you are driven by a need now humiliatingly public. But your wife, mother, boss, children, neighbors, and friends all now know: YOU ARE A BAD PERSON!! Imagine how embarrassed your mother is! You say you haven't been convicted yet? The ACLU calls this the "Alice In Wonderland approach to criminal justice: first the punishment and then the trial." And they are right!!

The flip side of this is "warning the neighborhood of a pedophile living in their midst." Since Megan's Law was passed, convicts have been sentenced to X number of years, and then once they have served their time, they are released and must register with the local police. The police then have a variety of policies for disseminating the information to the public. Some states, including Kansas, Florida, Alaska, and Indiana provide on-line details of their sex offenders; some include photos – just go to the state's government home page, click on law enforcement, then sex offenders registry. So what is the citizen at large to do with this information? Keep their kids inside or with guards at all times? If that's the only option – they would at least be safer. Sometimes the neighborhood doesn't like that option, and the offender is harassed, assaulted, or otherwise forced to flee the area. Why not just keep them in jail?

Have you ever had a relationship with someone who plays "no-so-fast?" You know, you try to please your mother/boyfriend/boss by doing what they want, doing it their way, and then when you've fulfilled your part of the bargain, they say, "Wait a minute, not so fast – now you have to do x-y-z too!!" You just can't win; you will never catch up with the additional demands.. While it is nearly impossible to feel any sympathy for a pedophile (a person who is seemingly beyond any control) the government is guilty of playing no-so-fast with them. When they finish their sentence and get out of jail, that should be it! There should be finality. If they are hopelessly lost from any redemption, beyond rehabilitation, and are deemed too dangerous to live amongst civilized people – then we should make the punishment life without parole!! But we should NOT play head games with them!

Oh - and depending on local policy, these sex offenders may include those guilty of such minor offenses as mooning your professor one evening when you had a few too many at the frat house party. That's indecent exposure. But, once you've been labeled ‘SEX OFFENDER' how many people ask, "What type?"

Terrorizing the Locals For Fun & Profit

Finally, we come to my favorite: COPS. You know, the TV show? The crew follows a patrol car around. (They rotate among cities like Miami. Seattle, and Memphis.) Their speciality is filming busts, chases and sting operations. Don't you love it when they break down the door, and a dozen cops go flying in, guns drawn, shouting, massively macho? And there's the family. The criminal suspect son/husband/whatever may be long gone, but there's the wife, in her housecoat and curlers. The kids are crying around her knees. The neighbor/girlfriend is demanding an explanation for why her friend is being harassed. One or more of them may be drunk. The apartment is a pigsty. Yikes!! And COPS is capturing it in living color for all the world's viewing pleasure. Was that part in the search warrant? Look for contraband... Arrest suspect... Interview witnesses to alleged crime... Harass suspect's family... Terrify children... Preserve it on video for entertainment purposes. I think not.

Have we no decency? There is a line between protecting the public from crime and harassing citizens. We have crossed it. It's simple, really. Ask the question: If I do this, will the world be a safer place to live? If I broadcast the photo of the guy arrested for allegedly soliciting a hooker, will the neighborhood be better off? If I allow a TV show to make money filming a suspect's family being terrorized, will the neighborhood be safer?

Here's a final thought: if it's ok to publicize those suspected of crimes, why isn't it ok to publicize the names and photos of those suspected of doing other bad things? Amy spanked her child – Bill is wearing fur – Connie failed to teach her child right from wrong – David was clocked doing 85 on the freeway – Elaine threw a heavy object at her husband – Fred swore at a police officer – Gina gave her prescription medication to her sister – Henry was treated at the emergency room for an embarrassing condition – See you all on the front page.

 

. . . From the Right
By Lewis Litsey

In the Preamble of the Constitution of the United States of America, the founding fathers established a standard enumerated in the words ". . . insure domestic Tranquility, provide for the common defense, (and) promote the general Welfare . . .." In those words are the promise that our Government will protect us, the people. In order to accomplish this task, measures must be taken to ensure those people who are or may be involved in crimes are brought forth for questioning. This practice is beneficial; it will and must continue.


Our government has the right and duty to protect the people of the United States. The practice of posting pictures of suspects is an enforcement of that promise. Some people who are wanted for crimes have already been indicted, while others are convicted criminals who have escaped. Some, however, have neither been indicted nor have escaped after conviction, but are people suspected of committing the crime. Entirely innocent persons are not chosen at random, unlike people believed to have a connection with the crime. Those people have been asked to come forth and give a statement or testify to a grand jury before the court. But, for one reason or another, those people have decided that it would be in their best interest to flee.

True, the people whose pictures are put up for the public to see may be embarrassed. Nevertheless, there is one obvious way to end this harsh embarrassment. Those people, when notified that law enforcement would like to speak to them, could speak to law enforcement. Speaking to law enforcement would end the search and presumably the pictures would be taken down. This line of logic forgives any embarrassment the law enforcement officials may place upon the person. The person would control the situation. Come forth, testify or give a statement, and your picture gets taken down. If an innocent person has their picture up in the Post Office, why run?

Megan's Law

Some people in our society choose to steal the innocence of our children. They are caught, sent to prison, and eventually released. Pedophiles molest children to gratify their own selfish needs. These people are obviously sick, twisted individuals with serious emotional and psychological problems. When they are caught they are given a penance they must pay to society in the form of a prison term and when that penance is over they are allowed back into our communities and society. In some states, laws have been passed the allow the posting of a child molesters' name and picture in the neighborhood in which they live.

Embarrassing? Yes. Unethical? I don't think so. The posting of names and pictures is not a continuation of the penance, but a warning to the neighborhood children and parents to beware of the danger. Besides, the Correctional system of this country does not do a great job of rehabilitation. Sexual offenders are put back on the streets with the same mindset, the same urges, and the same will to carry them out as they did when they originally were incarcerated. Just because he/she went to prison does not mean he/she no longer wants to molest children. They do and often will continue molesting after they've paid their debt to society. This is the principal reason behind Megan's Law protection for our children. If the sex offender is embarrassed, so what, bottom line is if they hadn't done the crime, they wouldn't be in this predicament. Their embarrassment is a small
price to pay for the safety of our children.


So what we have here are two different reasons for different postings of pictures and names. One is to inform the public of a person wanted in connection with a crime. Here, the negative aspect of the posting is embarrassment to the wanted party. However, that party may come forward to end the embarrassment. In fact, the party was probably notified well before the posting went up that they were wanted by the police, giving them a chance to talk to law enforcement. However, because they were guilty or knew the guilty party, they fled and the posting was needed to involve the community in capturing this person. Second, Megan's Law's has been introduced in several states in order to protect our children against child molesters and to warn parents of the impending threat living in the neighborhood. In this case, the embarrassment of the would-be pedophile is a small price to pay for the continued safety of this nation's children. In short, although embarrassing to those people unfortunate enough to have their picture posted, this practice has been deemed necessary. In fact, written in the Constitution is the reason for this mechanism of justice which helps keep us all safe from harm: to inform, protect, and provide tranquility for the people of this great nation.

 

 

 

 

 

 

 

 

 

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