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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

#161

Earlier quoted context omitted.

“Disappear” doesn’t necessarily mean “murder and hide the body”. It can also cover harassing people and completely disrupting their lives by throwing them in jail for a while for no particularly good reason and then not telling anyone until you release them (possibly having beaten or raped them in the meanwhile, and extracted promises of future regime-approved behavior). Requiring that the police make public who they…

Thanks for that, I understand the argument a little more. If reducing undue harassment and disruption is the reason for publishing mugshots, and it turns out that in practice the mugshots are actually being used by others to harass and disrupt (potentially innocent) people's lives, then maybe it's worth reviewing the practice? Where I'm from most minor criminal convictions on a persons the record are essentially wipe…

It’s generally recognized (at least in the United States) that limiting the potential for abuse by the government or agents of the government is more important than limiting other forms of abuse. A person has a variety of forms of recourse against non-governmental abuse (including appealing to the government), but the only recourse against abuse by the government is violent revolution. Even when raising a formal complaint against the government, it is the government that adjudicates whether the government’s behavior was abusive. So it is essential, even if it causes other negative side effects, that the government not be able to abuse people in secret, or in ways that it can later deny occurred.

> Another thing, what happens to the people who don't have a lawyer or whose friends and family don't have the resources to take on the police department in the event that the police detain and abuse them? Who would they be able to call in that situation to seek justice if the same police who committed the crime are receiving the call?

In theory, assuming the police don’t entirely disappear someone, they will eventually be released or have to be tried in court. In either case they would then be in a position to report local police misconduct to either a regional authority like a county sheriff, or to the FBI, which has a general mandate to investigate abuses of people’s rights.

In practice, the rule of law can be thin on the ground outside of metropolitan areas. Police departments are small and tight-knit, judges are extremely friendly with the police, juries are extremely likely to rubber-stamp whatever charges local police want to happen, and police and prosecution are likely to “forget” about a wide variety of standards and public disclosure requirements.

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

#162

Earlier quoted context omitted.

I don't think this is as easy as we would like it to be. If they are posting mugshots online, maybe they should also be required to post all police interaction's with the public online (including bodycam footage, etc). Or maybe none of it should be posted online, and if you are interested in it, you have to go to the courthouse and get the record. I think the problem really is deeper than that. I think all government…

That’s already the case. You can file a foia request.

I'm late to the party, but PDs frequently reject FOIA requests with the justification that there is an "ongoing investigation", particularly in the case of activists (since their ongoing activism is apparently considered justification for indefinite investigation).
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