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Monday, May 04, 2009

How The Internet Can Hurt The Innocent, Until Proven Guilty?

Last week I received a telephone call from a concerned Parent who had read on the Internet some disturbing information.

He had done a Google Search on his 20 year old Daughter who is attending College at Salisbury University. She was recently pulled over by the Sheriff's Department for not having her headlights on and by the time it was all said and done she had been arrested for a DUI.

OK, so the first thing that ran through my head was, she's been arrested, we received a "Press Release" from the Sheriff's Department, all is fair and good, right?

Well, not necessarily. The Sheriff's Department did everything right but let's look into this a little deeper because while I had defended the Sheriff's Department, I had been listening to the Father expressing how his Daughter had been violated and by the time we were done talking, he was right. At least I felt that way anyway.

You see, once this information gets onto the Internet, it never goes away. In America, we're innocent until proven guilty. However, with the presence of Blogs and On Line Newspapers, DUI information gets out there through Press Releases like the one we provided and that's it.

Once this young lady goes out looking for a job and they do a Google Search on her, guess what, they're going to read about that DUI. Now let's say she 's found innocent, like many have in the past. There's an instant tattoo on her personal record, one in which can't be taken away.

So my reasoning for this Post is to ask all of you what YOU think about such Press Releases BEFORE people are found guilty. I know there are many other examples we could use but I'm going to ask that we stick to this one subject at hand as an example so as we don't have comments go off in the wrong direction about other previous Posts. Let's stick to this example.

Do you believe Law Enforcement Agencies should produce Press Releases before trial? As you and I both know, in many of the local cases people are found innocent while many people commenting here regularly express their disbelief in so many cases falling apart. In the mean time, the people involved with charges against them are exposed on the Internet and that information just doesn't go away.

Perhaps Press Releases should only come out after the case has been tried? What's your thoughts on this. Keep in mind, I do realize that the Case Search Files are also considered Public Information. I just wonder if that too is right.

27 comments:

mattylaw said...

joe i know exactly how it is im matt lawson i have a permanent tattoo on me for being a terrorist of su for some statement that is supposedly stated even sent to a nut house computers taken i have yet to know who stated i said these things. all unfounded no charges ever filed and whatnot..

Matt Lawson

Anonymous said...

8:40

You are a college student. And oh by the way I read this morning where Obama wants to chamge the law to where you have to prove you are innocent. No longer innocent until proven guilty. And before somone screams more right wing lies, it was an A.P. story on comcast.net news section.

Anonymous said...

The only thing I can think of to say is that it is unfair only in that the person accused doesnt get to tell their side to the public in regards to the press release. People don't tend to confront the accused and ask for details, they would rather whisper in the corner about the person instead. By the time of the trial, no one will remeber to check to see if the accused was deemed innnocent or guilty.

Anonymous said...

My view is that the information should be disseminated AFTER the Court verdict. People can be ruined when, after the information is put out there, they are found NOT GUILTY in Court.

Anonymous said...

It's a shortcoming of the justice system and the media that, even though we're all innocent until proven guilty, the court of public opinion is triggered by police press releases and news stories.
And so it goes...

mommaneedswine said...

It doesn't matter if it's in a press release or not. Once you've been arrested, it's a matter of public record. Maryland's public records are available online at:

http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

Anonymous said...

Well, I guess my thought is that most of the public wants to know what is going on through press releases. Do I care who has been arrested and for what? No. Another thing is that whether found guilty or not the defendant was still arrested for wrong doing. The conviction is another whole story in itself.

Anonymous said...

You apply for a job and the question asked is have you ever been CONVICTED. The answer would be no. What's the problem?

CC said...

If this girl was arrested for driving drunk, then shame on her.

Everybody knows it's unsafe to get behind the wheel after a few drinks, period. If this young woman is going to be so irresponsible as to endanger her life and the lives of others on the road, then she deserves whatever scarlet letter comes with it.

Want to avoid the condemnations of the "court of public opinion?" Be smart: call a taxi, have a designated driver, anything of the sort. Do that, and no future employer will ever wonder how your lapse in judgment ended up with your name on a police-issued press release.

Anonymous said...

It's a case of damned if you do and damned if you don't.
I can agree with BOTH sides on this issue.
Tough call.
However, it's been done in the print newspapers for a long time and people didn't question it.
I understand the internet is more widespread but it is what it is and now you have software available to pull up records on anyone (background searches) and I believe anyone using this would be able to find this information even if it was not posted in a press release on the internet.
Like I said, tough call.

Cruggly said...

Its a little to late for me.

Anonymous said...

Here's an idea. DONT DRINK AND DRIVE. Then you won't have to worry about the repercussions.

Anonymous said...

Pros and cons to press releses. What if it was a sex offender, child molester or a serial killer? Think you should know if one of those was arrested if he or she lived next to you or in your hood? I think the media should have judgment calls for some arrests.

Anonymous said...

CC... you are proving the point that people assume you are guilty from an arrest. Regardless of whether or not she is found innocent, she is already guilty in your eyes before the trial even starts. Should the information be made available to the public? Sure. There is no way to control ignorant people assuming guilt. I'm also a college student and I will feel sorry for this girl if she is found innocent. If not, then yes, shame on her. However, I'm not ready to make that decision yet.

Anonymous said...

What if the arresting Officer was a 21 year old rookie from the SPD trying to make his mark from the Third Floor?

CC said...

10:31 - I appreciate your argument. However, mostly people aren't mistakenly arrested on DUI charges. They swerve, they get pulled over, they breathylze, they get locked up. It's usually pretty obvious to a good cop that they've been drinking. Just ask Davis Ruark.

Anonymous said...

Once proven innocent, you can have your records expunged. It worked for me.

joealbero said...

anonymous 11:39, you're missing the point. Once a Press Release is put out and the Press releases such information, you cannot erase it from the Internet. If an employer looks up your name on the Internet and sees this information, expunged or not, it's out there.

Anonymous said...

Well you could also go back to "don't believe everything you read"?

I also agree with the comments on don't drink and drive and you won't get arrested for it. duh!

Mark said...

Joe: I can tell you that the ONLY REASON law enforcement puts out press releases is that the media demands it and creates all kinds of grief if they don't get it.

Anonymous said...

I had a similar situation. I recieved a speeding ticket (nothing major) and when it was put in the computer, under someone else's error, they incorrectly noted that I was driving on a suspended license - which was not the case. I had proof from the DMV that my driving record was clear and current. Still, when you google, it still looks like I was driving on a suspended license. Ridiculous.

Shannon said...

There are plenty of people that are guilty but are released thanks to the wonderful (ha) judicial system. So if we were only informed if the person were convicted we would not be aware of half of the threats walking among us. We have the right to know and if someone doesn't want marks on their record, it is really simple... don't get into trouble!

Anonymous said...

Maybe this will be an incentive not to drink & drive or break any other laws that require them to be stopped.

Anonymous said...

Joe. With all due respect, this happens all of the time. People are tried and convicted by the court of public opinion weekly here. Not I'm not saying it's all bad, but sometimes you put stuff up on here and allow the comments to run wild. Are you right or wrong? I'm not completely sure. I honestly think that your quick on the trigger on some stuff before all the facts are garnered. You are within your rights as a blogger so I've got no beef with that. I would say that if you are concerned with this type of thing harming peoples repuations, just think if it's something you'd want posted about Joe. Peace Out. Keep up the good blog.

Anonymous said...

If you are in fact the parent no wonder this child was arrested for D.U.I. Stop making exscuses for bad behavior. The media, the cops, the courts did not tell your child to drive drunk. A man killed over the weekend is the result of alcohol and driving. If she was not arrested this would not be an issue. Innocent people killed by drunk drivers are the one suffering. Who gives a rats ass her name got put out there.

For the life of me I can not believe any parent would have put out this post.

Anonymous said...

Awhile ago a friend was arrested, but the charges were dropped after a month or so of him sitting in jail. He has no record, but because his arrest was published when you google his name the arrest comes up right away.
While in jail for a month he lost his job, and is having difficulty getting another one because of the arrest.
Before this I had no opinion on this subject. Watching this nice young man struggle with job searching, and trying to pay back a relative who loaned him money to pay for his expensive attorney (when you're not guilty the thought of a jail sentence makes you spring for the best), now I believe it should only be published UPON CONVICTION.

Anonymous said...

With the internet, it's better to give your kids a common name like "Charles" or "Robert".

Sure stuff will come up on a search, but there's no way that gets tied to a single individual. There are at least 10 people in the US that have my exact first and last name.

Bury your middle initial/name whenever you can to further confound search efforts.