Guest fountainhall Posted May 18, 2011 Posted May 18, 2011 A post-script to the first days of the Dominique Strauss-Kahn case. According to the media, there has been outrage in France at the ‘Perp Walk’, a procedure which allows prosecutors to parade an alleged suspect in front of the world’s media even before he makes his first appearance in Court. In France and some other countries, such a practice is forbidden. Many believe it can influence the public’s views on innocence or guilt. I am in total agreement with the French. Any suspect is innocent until proved guilty. Rightly or wrongly, the sight of the unshaven and clearly fatigued Strauss-Kahn sends a very guilty signal. I think it’s a barbaric practice of which the US legal system should be ashamed. The same system exists here in Thailand, although it is less a 'walk' than a set-up photo opportunity. Although such photos often seem more suited to comic books, it should also be abolished. Quote
Bob Posted May 18, 2011 Posted May 18, 2011 I understand your concerns but I don't agree with your premise. It's a little hard to argue that the prosecutors in this case intended any "perp walk" (if what you mean by that was an intentional parading of the defendant in front of the press to cause derision or whatever). Right or wrong, the court was open to cameras (the day before and day after too) and there were hundreds of journalists that couldn't be avoided (regardless, the defendant was promptly escorted and placed in the back of the car). Except for juvenile cases, we've had an open and public criminal trial system that's worked very well (not perfectly but well) for a very long time. I favor that system far more than the closed and secret hearings where only certain people are allowed to know what the government is claiming somebody did. Quote
Guest fountainhall Posted May 18, 2011 Posted May 18, 2011 Yes, I meant the intentional parading before the press of an alleged wrongdoer in handcuffs (only at that time 'alleged') prior to any appearance in Court. Several commentators on the BBC and CNN have said this was deliberate in this case, and is usual practise in the US justice system. It goes back a long time and was originally for murder suspects, I believe, and has remained as part of the system since then. I agree it is far better for Court proceedings themselves to be open. But deliberately to parade a suspect - for that is all he is at that stage in the proceedings - prior to the first appearance in Court can be seen, in my view - and obviously in others - to be prejudicial. I am totally with those countries where such a 'show' is banned by law. Quote
Bob Posted May 19, 2011 Posted May 19, 2011 If the parading is intentional, I'd support disciplinary action against police or prosecutors involved in it given I do support the notion of a presumption of innocence. I would note, however, that many so "paraded" have been found not guilty by juries.....juries not only being sophisticated enough to do their job well but also being expressly instructed by the judge that the fact somebody has been arrested and charged with a crime is no evidence whatsoever that the person is guilty of anything. Quote
Guest fountainhall Posted May 19, 2011 Posted May 19, 2011 From an extensive report on CNN, it is claimed that the parading of a suspect in handcuffs and escorted by police in front of the media is indeed intentional in virtually all cases! In France, this is totally banned and a suspect may not be seen in handcuffs until a verdict has been pronounced. This from wikipedia - The term perp walk is an American slang term which refers to the police practice of intentionally parading an arrested suspect (or "perp", short for "perpetrator") through a public place so that the media may observe and record the event. The suspect is typically handcuffed or otherwise restrained . . . A perp walk can be used with intentional disregard for the privacy of a suspect for the purpose of bolstering the image of law enforcement or to humiliate a suspect. Perp walks are often done to politicians or businesspeople accused of white-collar crimes (whose reputations may be susceptible to damage by public spectacle). http://en.wikipedia.org/wiki/Perp_walk Quote
Bob Posted May 19, 2011 Posted May 19, 2011 In my city, I've never known it to happen (the "intentional" part, that is); however, there's about a 75' sidewalk between the jail building door and the courthouse door and there have been a few occasions where the press has snapped photos of suspects in a few notorious cases. My guess is that most of the intentional part is being done by the cops as the prosecutors would be subject to bar rules which generally subject the attorneys to fines, suspensions, and/or disbarment. Quote
Guest fountainhall Posted May 19, 2011 Posted May 19, 2011 There were two very interesting discussions about the Strauss-Kahn case on the Charlie Rose interview this evening. Re the Quote