Buzz
Jennifer Ellis:
A variety of reasons exist.
1. Mugshots can assist in locating individuals who have fled, or alert the public when someone dangerous is at large. This provides a valid justification for releasing certain mugshots.
2. The U.S. legal system mandates transparency according to the federal constitution, which is likely mirrored by most state constitutions. As a result, this information is considered non-private and can be shared. Any attempt to keep mugshots confidential would likely result in lawsuits from both the media and the public, citing the First and Sixth Amendments as well as the Freedom of Information Acts. However, in 2016, a federal court determined that federal mugshots are no longer routinely accessible under the federal FOIA.
This decision reflects the recognition of the potential harm mugshots can cause online. The court's opinion acknowledged that “[a] disclosed booking photo casts a long, damaging shadow over the depicted individual.” The ruling specifically mentioned websites that publish mugshots, such as BustedMugshots and JustMugshots, which collect booking photos from decades-old arrests. Some states have begun to enact or are considering laws to prevent the release of mugshots prior to conviction. New Jersey is one such state.
a) As the federal court acknowledges, and as is widely understood, once a mugshot is made public, whether a person is convicted or not, it can negatively affect their life. In the past, this wasn’t much of an issue since finding mugshots was difficult. However, with companies allegedly attempting to extort individuals by charging for the removal of their images from the internet, it has become a significant problem. These companies may face legal consequences if they are found to be colluding—taking a photo off one site and placing it on another—but such cases are rare. In most situations, the photo remains public data with no legal right to privacy.
b) The core purpose of publicity is to prevent the misuse of government power when charging individuals. It was believed that publicity would safeguard citizens' rights. While it does protect people in a society that may seek to conceal information, it can also cause damage in a modern world where such information spreads on the web, leading to long-lasting harm. Unfortunately, it presents a paradox. We are faced with the conflict of knowing our rights and the freedom of speech versus privacy rights and the serious reputational damage caused to those who have not been convicted of a crime. The legal landscape will undoubtedly evolve over time as it struggles to keep pace with technology.
This post was originally published on Quora. Click here to view.
