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Online, mug shots are forever – some states want to change that

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Re: Online, mug shots are forever – some states want to change that

#91

I like that the proposed bills here are not attempts to force sites to remove mug shots (which seems like a losing battle) but instead just resists posting mug shots at all, which seems like something that police departments have complete control over. Unless it serves a legitimate law enforcement end, either as part of a punishment for being convicted of a crime or to aid the public in the search for a fugitive, it…

> resists posting mug shots at all, which seems like something that police departments have complete control over Note that these laws originated from a civil rights perspective. Requiring the publication of arrests makes it harder for the police to disappear people.

This is nonsensical; if they're not following the law they will simply ... not publish the mugshots.

Besides, the police have no need to "disappear" people when they have guns and an almost impossible to challenge right to fire indiscriminately into dwellings (Breonna Taylor).

Re: Online, mug shots are forever – some states want to change that

#92
post #40

Earlier quoted context omitted.

The reality is that one is innocent until proven guilty. I'm not interested in weakening this fundamental right to accommodate people who are uncomfortable admitting the fallibility of the police or our justice system. That people think if the cops arrest you, you're no longer innocent is the way bigger issue here.

Perhaps the problem is that most people are left unexposed to the reality of ridiculous arrest charges. A fight-fire-with-fire strategy might be that the government should aim to arrest all citizens at least once before age 25 and charge them with something ridiculous before dropping the charges. Ok after thinking about it for two seconds that may be a very stupid idea, but still...

I'm sure most males at the age of 20 can be sent to prison for dating underage girls (17.5 years old is underage). All you need is to pull them over for speeding, start an argument about something, arrest them for arguing with police, get their phone searched and find evidence in their whatsapp. Bro, in just one year we'll have 25 millions in prisons making big money for the private prison industry.

Re: Online, mug shots are forever – some states want to change that

#93
post #4

What are the forces at play here? People don't want to be embarrassed by their mugshot vs people don't want to be discriminated against because of a mugshot vs the transparency of who cops are arresting and why. I don't know if laws should care about someone being embarrassed. I'm kind of surprised about this anti-transparency rhetoric coming someone who started a Libertarian think tank (but maybe I shouldn't be). I…

> I think most importantly, arrests need to be publicly available. We have a right to know who the cops are arresting and why That's a good point, but on the other side there is the (very important) presumption of innocence. If I'm arrested, but not convicted of any crime (or possibly not even charged), why should that be a public record that will haunt me forever?

Can someone more clearly explain to me how the transparency laws actually improve transparency in practice? Why would a police department, who would act in a way malicious enough to disappear people, suddenly start adhering to the requirement of publishing a mugshot of a person they want to disappear?

Re: Online, mug shots are forever – some states want to change that

#94

I like that the proposed bills here are not attempts to force sites to remove mug shots (which seems like a losing battle) but instead just resists posting mug shots at all, which seems like something that police departments have complete control over. Unless it serves a legitimate law enforcement end, either as part of a punishment for being convicted of a crime or to aid the public in the search for a fugitive, it…

> resists posting mug shots at all, which seems like something that police departments have complete control over Note that these laws originated from a civil rights perspective. Requiring the publication of arrests makes it harder for the police to disappear people.

why not give the suspect a choice? would you prefer your mugshot be published online, google-able for years, or would you rather not, and risk getting ‘disappeared’ by your local police dept without a trace. i know which one i’d choose.

Re: Online, mug shots are forever – some states want to change that

#95
post #85

Good idea. I'd also like to see a law making it criminal for a site to post such information without also obviously posting that charges are dropped. You have one week to either take it down entirely or clearly mark it as dropped. If neither is done the post will be considered extortion. A very minor burden on news sites that have to update old articles. A big burden on the extortionist websites. And by making it a c…

Such a law probably wouldn't be Constitutional. Speech can't be compelled.

Can't it? Apparently the US government can compel you to act as though your website's records haven't been seized – which includes publishing your weekly “our records haven't been seized” notice.

Re: Online, mug shots are forever – some states want to change that

#96
post #66
post #63

Earlier quoted context omitted.

"we can take is to not put so much blind faith in cops." Unfortunately, we can't just tell everyone "stop trusting arrest reports" because that just isn't how the world works. The problem is companies will compare 2 equal candidates, but one with an arrest record. The one without the arrest will get the job. Do you have any other ideas?

There are already laws that protect certain classes of individuals in situations like housing and employment. It's not hard to apply these laws to other classes.

Except… how do you enforce this? Afaik that's also a problem with the existing laws.

Re: Online, mug shots are forever – some states want to change that

#97
I realize this may be a cynical take, but what if the goal is to prevent us from recording the cops?

Today the law is a nice friendly "dont put mugshots on the internet" and within a few years the actual practice of the law is you can no longer film a cop abusing his power because "perp hasnt been convicted, put your phone away"

I guess I have absolutely no trust. Any law our government passes is just part of long con to take away our liberties.

I realize this is a pessimistic hot take on what appears at face to be a good law.

Re: Online, mug shots are forever – some states want to change that

#98

Earlier quoted context omitted.

> resists posting mug shots at all, which seems like something that police departments have complete control over Note that these laws originated from a civil rights perspective. Requiring the publication of arrests makes it harder for the police to disappear people.

> Requiring the publication of arrests makes it harder for the police to disappear people. I see this so much in our society. A reaction to a "bad" practice which was actually invented to combat another "bad" practice. It leads me to believe there is just no way to contractualize human behavior over a sufficiently long period of time.

I think it's just that some solutions are worse than their problems, and it's not always possible to know which are which beforehand.

Re: Online, mug shots are forever – some states want to change that

#99

Earlier quoted context omitted.

> resists posting mug shots at all, which seems like something that police departments have complete control over Note that these laws originated from a civil rights perspective. Requiring the publication of arrests makes it harder for the police to disappear people.

why not give the suspect a choice? would you prefer your mugshot be published online, google-able for years, or would you rather not, and risk getting ‘disappeared’ by your local police dept without a trace. i know which one i’d choose.

What about a mugshot protects you?

https://abcnews.go.com/US/texas-man-choked-smiling-mugshot/s...

Re: Online, mug shots are forever – some states want to change that

#100

Earlier quoted context omitted.

> resists posting mug shots at all, which seems like something that police departments have complete control over Note that these laws originated from a civil rights perspective. Requiring the publication of arrests makes it harder for the police to disappear people.

why not give the suspect a choice? would you prefer your mugshot be published online, google-able for years, or would you rather not, and risk getting ‘disappeared’ by your local police dept without a trace. i know which one i’d choose.

That's actually worse than either option - if the police decide to disappear you they can now claim you opted out, while if they prefer to ruin you reputation, they can subtly (or not so subtly, if they expect to get away with that) pressure you to opt in.
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