Under the protection of the U.S. Constitution, Americans have the right to be considered innocent until they are proven guilty by a jury of their own peers. However, the display of mugshots by the media and on the internet may be undermining this right.
The Marshall Project, a non-profit journalism site, equates online mugshots to a “digital scarlet letter.” Regardless if a person is found innocent, their mugshot will remain online because the internet is forever.
Director of U.S. prison programs for the National Religious Campaign Against Torture, Johnny Perez, discussed the topic with the Marshall Project. Perez feels that since people of color are already at a higher risk of being found guilty than white criminals, posting mugshots not only reaffirms biases but works to create new biases.
Mugshots and social media
Along with the news media, social media outlets have a huge impact when it comes to the distribution of mugshots. These networks can reach vast audiences of people in the blink of an eye. This kind of reach has the power to incite immediate reactions to knowledge, which means that seeing the mugshot of an individual can lead to widespread condemnation before a person is even given a trial date.
An accused person who is later found innocent continues to be branded with a negative reputation that is not only spread quickly through their community but is also difficult to scrub from the internet. Such a negative reputation can make it difficult for an individual to find a job or further their education, and it can be devastating for their family.
What’s more, the desire to remove their negative reputation from the internet can leave individuals open to extortion from mugshot removal businesses that charge exorbitant fees to have their mugshot(s) removed from the web.
How should mugshots be handled?
The biggest problem we face with mugshots and the harm to individuals’ reputations is that data shows that publishing mugshots actually helps to get serious criminals off the streets.
Some media outlets, like the Houston Chronicle, have begun to change the way they handle mugshots. They are no longer publishing the mugshots of people who are simply accused of a crime. Instead, they are refraining from posting mugshot slideshows and waiting until individuals are convicted of a crime before sharing mugshots.
According to Mark Lorando, a managing editor for the Houston Chronicle, the purpose of a mugshot slideshow is to “generate page views” and that the paper is better than using a person’s reputation to generate views.
The Chronicle’s decision to stop publishing mugshots is drawing praise from area defense attorneys and law enforcement personnel. Public Affairs Director from the Harris County Sheriff’s Office, Jason Spencer, took to Twitter to praise the Chronicle for “doing the right thing” and hopes that other media outlets will follow suit.
Publicly sharing isn’t the only problem surrounding mugshots. Companies that specialize in mugshot removal are also an issue. These companies scrape mugshots from law enforcement websites and upload them to their own sites within hours. They then essentially blackmail people into paying an exorbitant fee to have the mugshot removed.
For those who have been accused of committing a crime in Houston, Harris County, Fort Bend County or Montgomery County, you need a knowledgeable defense attorney. Contact one in your area today.
ABOUT THE AUTHOR: Neal Davis
Neal Davis is a criminal defense attorney based in Houston, Texas. For nearly 20 years, he has defended clients in all types of matters, including arguing before the Texas Court of Criminal Appeals and appearing as lead counsel in the United States Supreme Court. His superior qualifications, client service, and record of success have consistently placed him among the top criminal defense lawyers in the United States.
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