The perp walk: Due process v. freedom of the press

Abstract

The walk--as it is popularly known--is a widespread police practice ... in which the suspected perpetrator of a crime, after being arrested, is walked in front of the press so that he can be photographed or filmed. The perp walk both publicizes the police's crime-fighting efforts and provides the press with a dramatic illustration to accompany stories about the arrest. (1) ********** Little seems to capture the public's attention more than crime news. (2) The latest images and news of crime are beamed directly into our homes. Many families forgo breakfast and supper at the dining table for a meal in front of the living room television. We watch transfixed as police, law enforcement officials, and district attorneys display weaponry, confiscated drugs, and money while they describe the latest criminal offense. Even more telling is the proliferation of reality-based police television shows--Cops, True Stories of the Highway Patrol, and The Real LAPD, to mention only a few. The public's appetite for this type of theater appears insatiable and shows no sign of abating. Common to both traditional crime news and reality-based police television shows is the walk--the act of displaying or walking the alleged perpetrator of a crime so that the news media have an opportunity to photograph or videotape the individual for newspapers and television. (3) Until recently, relatively little thought was given to this 100-year-old ritual. (4) The public expected these images, and the U.S. media, police, and most law enforcement officials perpetuated the practice by claiming that the public had a right to know. But does such a right exist? And even if there is such a right, how do we balance that right against the rights of the accused? In the U.S. criminal justice system, the accused enjoys a presumption of innocence. Yet the perp walk places the accused in both a physical and legal position that appears to belie that claim. After being exposed to such a prejudicial display, can the general public, or potential jurors for that matter, be impartial judges? And what of the many whose charges are dropped or who are found innocent in a court of law? Do they recover their reputations? Do they have any recourse for the humiliation they have suffered? Finally, what impact might this ritual have on the self-identity of the accused? The Media and the Police: The Fear of Crime and the Myth of the Crimefighter We rely on the print and broadcast media for information concerning local, national, and international events. We have some right to expect that the information we receive will be true and unbiased. However, no less than elsewhere, we have frequently witnessed the flawed reporting of events in the criminal justice arena. A particularly clear example was the shameless hounding of Richard Jewell, who was all but named by certain reporters as the person responsible for the bombing at the 1996 Olympic Games in Atlanta, Georgia. (5) The media report news that they believe will interest the public (6) as well as boost their readership or ratings. They seek to do this in a way that is both appealing and entertaining. By personalizing their stories, the media place crime news in a context that purportedly permits the public a better understanding of the issues. (7) The media have also played a substantial role in securing police accountability. (8) In the early twentieth century, for example, they played a pivotal role in police reform. (9) And in the early 1970s, it was the news media that discovered how the Washington, D.C., Police Department was systematically lowering the dollar amount of stolen property to lessen the index category. (10) By exposing corruption and inefficiency, the media have had a positive impact on police and law enforcement professionalization. But the media have gone beyond merely reporting the occurrence of crime and corruption, and in doing so they have often caused problems for the police. …