Megan Imbert
According to the United States Criminal Justice system all people are innocent
until proven guilty. If this concept of protecting ones liberty is true, then why can the
media portray the accused as guilty when there is a chance that one may be innocent?
The media works with law enforcement allowing the system to become jeopardized.
Perp walks can be effective, but also detrimental towards law enforcement, the media, but
most importantly, the wrongfully accused individual.
A perp walk is a widespread police practice where the suspected perpetrator of a
crime, after being arrested is walked in front of the press to be filmed or photographed
(Ruiz et al. 1 of 15). Perp walks serve many purposes and has strengthened the
relationship between law enforcement and the media, forming a symbiotic relationship.
This relationship is symbiotic because in rewards for giving the news media a story, law
enforcement is praised for a job well done. However the relationship between the media
and police can become controversial where the law enforcement violated the Fourth
Amendment while working with the press (Chanoine, 1356). If the perp is walked solely
for the press it is considered to be “acted out” which could be classified as a violation of
the perpetrator’s Fourth Amendment rights. Whereas if the accused was being
transported from a car to a facility as a normal routine, and the press was to receive
coverage of that, it would be legitimate. Some judges believe that a perp walk serves no
law enforcement purpose and no justification for exposing the accused. The main
objective of both groups in the end is to make money. The catch phrase in the 1990’s
was “doing more with less (Ruiz et al. 2 of 15).” Law enforcement is willing to go far
and beyond in order to receive tax breaks as well as accumulate respect in their field. If
the law enforcers do not cooperate with the sometime badgering journalists the news
stories could then backlash and sway public opinion and affect their jobs.
The police
are consistently attempting to prove they are being ethical as well as living up to the
stereotype that they are strong public protectors. The police incorporate the news media
into their organization by taking them into account when planning and taking part in
social and cultural practices (Ruiz et al. 3 of 15).
The media sensationalizes stories which can create misconceptions and support
the stereotyping of different races, classes, and other groups. Even though a story may be
half truth an innocent person’s self identity could be completely tarnished irrefutably with
a simple switch at the hand of the mass media. The US public is intrigued by breaking
news that instills fear in them, causing the audience to become fixated with catching the
criminal. Those that support perp walks tend to believe that the public has the right to
know what law enforcement are accomplishing, but there is no reparations for those that
are wrongfully accused and their names are destroyed. Perp walks make the judge, jury,
and also the general public; believe the accusations are true because of the media
attention. The media follows a two part standard which the first is identifying improper
law enforcement behavior as well as required evidence of media complicity of that
conduct (Chanoine 1356).
The involvement of mass media and perp walks is justifiable to an extent. Perp
walks can deter criminals and also display the progress of law enforcement. Since the
perp walk could be a photograph in a newspaper or a clip on television a lot of people
will see that footage and may recognize the accused. The revelation of important case
information can be brought forward due to the media coverage of the perp walk. If the
accused is guilty the perp walk is also a form of public humiliation.
Many downfalls exist due to the media portrayal of perp walks. Perp walks can
limit how effectively the media covers police activity in the news. This attitude creates
tension for media between the need to maintain access with law enforcement as well as
remaining objective (Young, Core 100 notes). The media creates fear within a
community by focusing on crime and negative behavior. The news media reports violent
crime in such a way that a viewer would believe serious crimes happen more than minor
offenses. Biased reporting creates “moral panic” which causes the public to overreact to
a problem (Ruiz et al 2 of 15). Once this moral panic has been created the public may
then begin to fear a certain type of person based on the race or characteristics of those
shown as perps which creates more problems in prejudgments as well as the controversial
issue of racial profiling. If perp walks are to exist, those who are accused of a white
collar crime and those of murder should be portrayed in the same format. The format of
the perp walk should either have the accused with or without a lawyer and a consistent
amount of coverage to remain fair. When walked for the media the safety of the accused
is usually not a top priority since they are being walked by police officers, however,
incidents like the shooting of Lee Harvey Oswald is an example of how dangerous these
events can be.
The major issue with the media being involved with criminal justice affairs like
perp walks is that there is a possibility that the trial and following proceedings will be
jeopardized. The news media on many serious affairs should be reporting on a need to
know basis in order to guarantee not to infringe upon one’s rights. Law enforcement will
always look toward public approval for their accomplishments; however, there should be
a limit to the amount of coverage someone who has not yet been proven guilty gets. A
limit should be intact that is consistent for each situation throughout the US and in the
same format. The news media and law enforcement may not be empathetic to the
accused but should not violate the privacy until they have been rightfully convicted.
Bibliography
Chanoine, Hannah. “Clarifying the Joint Action Test for Media Actors When Law
Enforcement Violates the Fourth Amendment.” Columbia Law Review June
2004: 104. :1356. Academic Search Premier. Internet Explorer. King’s College
Library. 20 Feb 2005
Ruiz, Jim, and D F Treadwell. “The perp walk: Due Process v. Freedom of the Press.”
Criminal Justice Ethics 2002: 21: 44-57 (printout 1-15). Academic Search
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Worrall, John L. “Constitutional Issues in Reality-Based police television programs:
Media ride-alongs.” American Journal of Criminal Justice: AJCJ 2000: 25. : 41-.
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Young, William. Core 100 Critical Thinking notes fall 2004. King’s College.