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A perp walk, walking the perp,The term "perp" is short for " perpetrator", and is commonly used by police departments for those they
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
. It is legally inaccurate since the arrested individual's guilt has not been judicially established at that point.
or frog march (
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
English) is a practice in
law enforcement Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms gove ...
of parading an
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
ed suspect out in public before their initial
appearance Appearance may refer to: * Visual appearance, the way in which objects reflect and transmit light * Human physical appearance, what someone looks like * ''Appearances'' (film), a 1921 film directed by Donald Crisp * Appearance (philosophy), or ...
in court. The suspect is typically escorted from a police station to a police vehicle to the courthouse and then after the court hearing back to a vehicle, creating an opportunity for a
media frenzy Media circus is a colloquial metaphor or idiom describing a news event for which the level of media coverage—measured by such factors as the number of reporters at the scene and the amount of material broadcast or published—is perceived to b ...
to take photographs and video of the event (sometimes, if the police have alerted the media to an imminent arrest, it takes place afterwards). The defendant is normally
handcuff Handcuffs are restraint devices designed to secure an individual's wrists in proximity to each other. They comprise two parts, linked together by a chain, a hinge, or rigid bar. Each cuff has a rotating arm which engages with a ratchet t ...
ed or otherwise restrained, and is sometimes dressed in prison garb. Within the United States the perp walk is most closely associated with
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
. The practice rose in popularity in the 1980s under U.S. Attorney
Rudolph Giuliani Rudolph William Louis Giuliani ( , ; born May 28, 1944) is an American politician and disbarred lawyer who served as the 107th mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General fr ...
, when suspects charged with
felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...
were perp-walked. The perp walk arose incidentally from the need to transport a defendant from a police station to court after arrest. Law enforcement agencies often coordinate with the media in scheduling and arranging them. It has been criticized as a form of
public humiliation Public humiliation or public shaming is a form of punishment whose main feature is dishonoring or disgracing a person, usually an offender or a prisoner, especially in a public place. It was regularly used as a form of judicially sanctioned puni ...
that violates a defendant's
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the globa ...
and is prejudicial to the
presumption of innocence The presumption of innocence is a legal principle that every person Accused (law), accused of any crime is considered innocent until proven guilt (law), guilty. Under the presumption of innocence, the legal burden of proof is thus on the Prosecut ...
, but is defended as promoting transparency in the criminal justice system. American courts have permitted it on the grounds that it arises from the limitations and necessity of police procedure, but have also limited it only to those times when it is actually necessary.


Procedure

In the United States, once a person has been charged with a crime, the government may request that a judge either issue a
summons A summons (also known in England and Wales as a claim form or plaint note, and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative ag ...
for that person or an
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property. Canada Arrest warrants are issued by a jud ...
, which can lead to a perp walk. The choice of which to request is largely at the discretion of the prosecutor. Judges often defer to them. Since the arrest power is meant to ensure the defendant's presence in court, lawyers defending the white-collar criminals who have been perp-walked since the late 1980s have complained it is unnecessary and superfluous in their clients' cases, even if it does give the appearance of preferential treatment for wealthy defendants. Lea Fastow, the wife of former
Enron Enron Corporation was an American Energy development, energy, Commodity, commodities, and services company based in Houston, Texas. It was led by Kenneth Lay and developed in 1985 via a merger between Houston Natural Gas and InterNorth, both re ...
executive
Andrew Fastow Andrew Stuart Fastow (born December 22, 1961) is an American convicted felon and former financier who was the chief financial officer of Enron Corporation, an energy trading company based in Houston, Texas, until he was fired shortly before the ...
, cited the perp walk she was made to take even though she had expressed her willingness to surrender to a summons in an unsuccessful motion for a
change of venue A change of venue is the legal term for moving a trial (law), trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to wides ...
.
United States v. Fastow
', 292 F.Supp.2d. 914, 917, ( S.D. Texas, 2003).
Some, like
Martha Stewart Martha Helen Stewart (, ; born August 3, 1941) is an American retail business woman, writer, and television personality. As the founder of Martha Stewart Living Omnimedia, focusing on home and hospitality, she gained success through a variety ...
, have still managed to avoid being perp-walked by responding to summonses, or surrendering in the courtroom as soon as the indictment is presented in open court. This did not prevent another
Houston Houston ( ) is the List of cities in Texas by population, most populous city in the U.S. state of Texas and in the Southern United States. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the county seat, seat of ...
-area defendant, former
Dynegy Dynegy Inc. is an electric company based in Houston, Texas. It owns and operates a number of power stations in the U.S., all of which are powered by fossil fuels. Dynegy was acquired by Vistra Corp on April 9, 2018. The company is located at 601 ...
natural gas trader Michelle Valencia, from undergoing a perp walk in 2003. After waiting all day for the indictment, her attorney told prosecutors she would return there the next morning. Instead, she was arrested at her home before the courthouse opened. Her attorney said prosecutors were bullying her for refusing to cooperate with them. Similarly, lawyers for
Adelphia Communications Adelphia Communications Corporation was an American cable television company with headquarters in Coudersport, Pennsylvania. It was founded in 1952 by brothers Gus and John Rigas after the pair purchased a cable television franchise for US$300. C ...
chairman
John Rigas John James Rigas (November 14, 1924 – September 30, 2021) was an American businessman who was one of the founders of Adelphia Communications Corporation, which at its peak was one of the largest cable TV companies in the United States. He was ...
criticized prosecutors for having him arrested at his home on Manhattan's
Upper East Side The Upper East Side, sometimes abbreviated UES, is a neighborhood in the boroughs of New York City, borough of Manhattan in New York City. It is bounded approximately by 96th Street (Manhattan), 96th Street to the north, the East River to the e ...
in 2002 despite his offer to surrender. Defense lawyers have been advised that if they are aware an indictment and arrest is imminent, to announce to the media that their client will surrender at a particular time in the near future, making a subsequent arrest and perp walk seem gratuitous.


Law enforcement

The ultimate discretion over whether a perp walk occurs belongs to the arresting law enforcement agency. Local departments may inform the media prior to an arrest even occurring, if they wish to have footage of that being broadcast. Federal agencies, on the other hand, are generally prohibited from informing the media of arrests in advance by
Justice Department A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
policy. However, they cannot prohibit photography or video of a defendant being transported through public places after the arrest has been publicized. Once the decision is made to arrest the suspect, or they have voluntarily surrendered, they are photographed and
fingerprint A fingerprint is an impression left by the friction ridges of a human finger. The recovery of partial fingerprints from a crime scene is an important method of forensic science. Moisture and grease on a finger result in fingerprints on surfa ...
ed at a police station, and then taken to the appropriate courthouse for an
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; i ...
or similar procedure that brings the case into the legal system. The
New York City Police Department The City of New York Police Department, also referred to as New York City Police Department (NYPD), is the primary law enforcement agency within New York City. Established on May 23, 1845, the NYPD is the largest, and one of the oldest, munic ...
(NYPD) usually advises the mediaIn New York City, local media includes three daily newspapers and many weeklies, six broadcast television stations and one citywide cable channel, as well as various Internet outlets. Cases involving defendants arrested in New York often attract national and international interest, and those media are notified as well if they have expressed interest. as to when this will happen in cases that may be of interest; other large departments do not, so photographers and camera crews wait at the central location in hopes of getting a perp-walk image.Dave Krajicek
The Crime Beat: Perp Walks
''Criminal Justice Journalists''.
In 2011, some New York camera crews and photographers waited 15 hours for former
International Monetary Fund The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution funded by 191 member countries, with headquarters in Washington, D.C. It is regarded as the global lender of las ...
director
Dominique Strauss-Kahn Dominique Gaston André Strauss-Kahn (; born 25 April 1949), also known as DSK, is a French economist and politician who served as the tenth managing director of the International Monetary Fund (IMF), and was a member of the French Socialist P ...
to be brought by for his arraignment on charges of sexually assaulting a hotel maid. Many police departments require that defendants facing
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
charges wear at least
handcuff Handcuffs are restraint devices designed to secure an individual's wrists in proximity to each other. They comprise two parts, linked together by a chain, a hinge, or rigid bar. Each cuff has a rotating arm which engages with a ratchet t ...
s regardless of the nature of the crime they are accused of.
Clay County Clay County is the name of 18 counties in the United States. Most are named for Henry Clay, U.S. Senator and statesman: * Clay County, Alabama * Clay County, Arkansas (named for John Clayton, and originally named Clayton County) * Clay County, Fl ...
, Missouri, Sheriff's Department; ; August 1, 1982; retrieved June 1, 2011. The Alamo Colleges Police Department; ; June 25, 2009; p. 2, retrieved June 1, 2011.
The defendant taken to court is usually brought in through an entrance from a public area such as the street or sidewalk, often escorted by plainclothes police officers (who may be those who have investigated the case and made the arrest, especially if multiple agencies were involved) and sometimes accompanied by his or her attorney. Those areas are accessible to all, including the media. It is there that they may take still or moving images of the defendant, and often ask questions of them. In high-profile cases, with major media interest, such as a crime which has received considerable public attention or in which the defendant is a celebrity, measures such as barricades or extra uniformed officers will be present to ensure there is space to get the defendant and escorting officers into the building. "You naturally assume you're seeing a barbaric mob wreaking random havoc," writes ''
New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' columnist John Tierney of such scenes. "But that's not the case. It's actually a barbaric mob wreaking exquisitely planned havoc."


Defendants

Most law enforcement agencies will allow suspects to temporarily hide their faces during their perp walks. They may simply (if they are cuffed in the front or not cuffed at all) use their hands to shield their faces from onlookers and the press. Some may wear sunglasses, and some may wear hooded shirts or jackets that they then wrap tightly around their faces. Suspects sometimes pull clothing over their heads or walk with their heads down to hide their faces.This is also sometimes a consequence of how they are handcuffed. The police have the discretion to cuff the defendant either in front or back, with hands back-to-back or not, and tightly or loosely based on how cooperative the defendant has been and the severity of the crime he or she has been charged with. When cuffed tightly, back-to-back in the rear, it is more comfortable to walk in a slightly bent position. Suspects also often struggle to walk and hide their faces at the same time as they are often bombarded with the microphones and cameras of the press covering their arraignments or cases. The police also sometimes provide certain defendants, such as accused current or former police officers and criminals who have been useful to them as
informant An informant (also called an informer or, as a slang term, a "snitch", "rat", "canary", "stool pigeon", "stoolie", "tout" or "grass", among other terms) is a person who provides privileged information, or (usually damaging) information inten ...
s, with hoods and abbreviated perp walks from a side entrance. Conversely, in a high-profile case, the police may accommodate the media by extending the perp walk into a "perp parade" beyond the necessary distance, such as around the block, or delaying the court proceeding until the media can be present, as was the case at the 1999 arraignment of former
Wu-tang Clan Wu-Tang Clan is an American hip hop collective formed in Staten Island, New York City, in 1992. Its members include RZA, GZA, Method Man, Raekwon, Ghostface Killah, Inspectah Deck, U-God, Masta Killa, and, until his death in 2004, O ...
rapper Russell Jones on charges that were later dropped. Perp walks were restaged for the benefit of the media until a 2000 court ruling restricted them to those necessary for law enforcement purposes. Defendants who can anticipate their arrest often dress with the perp walk in mind. Two former federal prosecutors turned defense attorneys advise that a white-collar defendant "should be prepared to look as professional as possible under the circumstances," as the fictional character Sherman McCoy does after he surrenders to face a charge stemming from a hit-and-run accident in
Tom Wolfe Thomas Kennerly Wolfe Jr. (March 2, 1930 – May 14, 2018)Some sources say 1931; ''The New York Times'' and Reuters both initially reported 1931 in their obituaries before changing to 1930. See and was an American author and journalist widely ...
's 1987 novel ''
The Bonfire of the Vanities ''The Bonfire of the Vanities'' is a 1987 novel by Tom Wolfe. The story is a drama about ambition, racism, social class, politics, and greed in 1980s New York City, and centers on three main characters: WASP bond trader Sherman McCoy, Jewish a ...
''. New York publicist Mortimer Matz recommends an old
raincoat A raincoat is a waterproof or water-resistant garment worn on the upper body to shield the wearer from rain. The term rain jacket is sometimes used to refer to raincoats with long sleeves that are waist-length. A rain jacket may be combined wit ...
. In addition to concealing the handcuffs, he says, it is not a problem when the garment inevitably gets smudged by fingerprint ink remaining on the defendant's hands. New York Mafia boss
John Gotti John Joseph Gotti Jr.Capeci, Mustain (1996), pp. 25–26 ( , ; October 27, 1940 – June 10, 2002) was an American '' mafioso'' and boss of the Gambino crime family in New York City. He ordered and helped to orchestrate the murder of Gambin ...
wore the expensive custom-tailored suits that earned him his "Dapper Don" nickname during perp walks, in contrast to the sweatpants and jackets seen among other contemporary organized-crime figures.
Susan McDougal Susan Carol McDougal (née Henley; born June 27, 1955) is a real estate investor who served prison time as a result of the Whitewater controversy. Her refusal to answer "three questions" for a grand jury, on whether President Bill Clinton lied ...
, subjected to a brief perp walk in a miniskirt,
leg irons Legcuffs are physical restraints used on the ankles of a person to allow walking only with a restricted stride and to prevent running and effective physical resistance. Frequently used alternative terms are leg cuffs, (leg/ankle) shackles, foo ...
and a waist chain as she was taken to jail for refusing to testify before special prosecutor
Kenneth Starr Kenneth Winston Starr (July 21, 1946 – September 13, 2022) was an American lawyer and judge who as Special prosecutor, independent counsel authored the Starr Report, which served as the basis of the impeachment of Bill Clinton. He headed an i ...
's
grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
investigating
Whitewater Whitewater forms in the context of rapids, in particular, when a river's Stream gradient, gradient changes enough to generate so much turbulence that air is trapped within the water. This forms an unstable current that foam, froths, making t ...
, wrote of the experience in her memoir, ''The Woman Who Wouldn't Talk'': In ''
The Bonfire of the Vanities ''The Bonfire of the Vanities'' is a 1987 novel by Tom Wolfe. The story is a drama about ambition, racism, social class, politics, and greed in 1980s New York City, and centers on three main characters: WASP bond trader Sherman McCoy, Jewish a ...
'', lawyer Tommy Killian similarly advises Sherman McCoy to affect aloofness and indifference prior to his perp walk. Ed Hayes, the lawyer Killian was modeled on, gives similar advice to his own clients.


Media

Reporters usually ask questions such as "Did you do it?" if the defendant is not known to have confessed to the crime, or "Why did you do it?" when they have. Usually defendants do not answer or even acknowledge, since by that point they have been advised, as required under the Fifth Amendment, of their
right to remain silent The right to silence is a legal principle which guarantees any individual the right to refuse to confession (law), answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in ...
. One exception was Emmanuel Torres, arrested in 1984 on suspicion of murdering a woman in the course of an attempted rape. He told reporters that the victim was a "slut" and deserved her fate. At trial he protested his innocence. His remarks during the perp walk were introduced into evidence, and he was convicted. Another defendant, in 1993, suspected of stealing
Marilyn Monroe Marilyn Monroe ( ; born Norma Jeane Mortenson; June 1, 1926 August 4, 1962) was an American actress and model. Known for playing comic "Blonde stereotype#Blonde bombshell, blonde bombshell" characters, she became one of the most popular sex ...
memorabilia, turned to face the cameras and apologized to his dead parents. Actor
Judd Hirsch Judd Seymore Hirsch (born March 15, 1935) is an American actor. He is known for playing Alex Rieger on the television comedy series ''Taxi'' (1978–1983), John Lacey on the NBC series '' Dear John'' (1988–1992), and Alan Eppes on the CBS ser ...
's son Alex, arrested in 1995 by Chicago police on drug charges that were later dropped, promoted an upcoming appearance by his band. An Ohio murder suspect once said "Hi Mom!" to the cameras. Photographers find perp walks their second most-dreaded assignment after going to the home of someone who has recently died to ask for a picture. They must wait a long time for a period of a few seconds in which they will be competing with a potentially large group of other photographers and television crews. This presents the possibility that they can be trampled beneath the group, as depicted in the 1994 film '' The Paper'', and the difficulty of photographing a defendant who may be looking downward to keep his face from view. Marty Lederhandler, an
Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
photographer who worked for the last half of the 20th century and shot the perp walks of
Julius Julius may refer to: People * Julius (name), a masculine given name and surname (includes a list of people with the name) * Julius (nomen), the name of a Roman family (includes a list of Ancient Romans with the name) ** Julius Caesar (100– ...
and Ethel Rosenberg, as well as
David Berkowitz David Richard Berkowitz (born Richard David Falco; June 1, 1953), also known as the Son of Sam and the .44 Caliber Killer, is an American serial killer and former U.S. Army soldier who committed a series of stabbings and shootings between 1 ...
, describes the perp walk as "it's, 'He'll be out in 10 minutes.' You line up. He comes out and into the car, and you've got your picture. Nice." When he began in the years after
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, Lederhandler says, the media was more polite during perp walks than they are now. "We all had the same lenses those days, and everybody would stand 8 or 10 feet back, and nobody was pushing or shoving." Some photographers have found creative ways around these limitations. Louie Liotta of ''
The New York Post The ''New York Post'' (''NY Post'') is an American Conservatism in the United States, conservative daily Tabloid (newspaper format), tabloid newspaper published in New York City. The ''Post'' also operates three online sites: NYPost. ...
'' told John Tierney he holds his camera near the ground, pointing upward, and walks with it for a short distance, in order to get a shot of the defendant's face as he or she is ducking downwards to avoid the cameras. Andrew Savulich of the '' Daily News'' looks for unusual angles and juxtapositions, once putting the station house's sleeping cat in the foreground. To catch the defendant's face, he stands near the front door at the top of the steps. "For some reason, even when a guy has decided to duck his head, he usually lifts it for a second when he starts to go down steps", he explains. "You sometimes catch this lost-in-space look, the eyes fixed at a distance, as if he's trying very hard to be somewhere else." Jim Estrin of the ''Times'' says the police officers at the door sometimes block that shot for him, so he starts in the middle, shooting as he runs, and then gets on the other side of the police car for a shot as the defendant enters.


Purpose

The perp walk has been described as primarily serving the interests of the police and the media rather than the defendant or justice. "Cynics might call the perp walk the crime reporter's
red carpet A red carpet is traditionally used to mark the route taken by heads of state on ceremonial and formal occasions, and has in recent decades been extended to use by Very Important Person, VIPs and celebrity, celebrities at formal events. History ...
", says crime reporter Art Miller. "Police and prosecutors get to show off their trophy. elap it up because that's all we know we're going to get" since so many other aspects of the criminal justice system prior to trial take place out of public view, and even trials themselves may not always be televised or even photographed. "Those 30 seconds of a perp walk are the lifeblood to the TV news. Between that and the mug shot that is often all you got as visuals to tell a crime story." Retired NYPD detective Nicholas Casale likens it to a service: "It promotes the arrest, it allows the defendant an opportunity to make a statement to the press, and it's centralized". Prosecutors say it sends a message that no one is above the law, and the likelihood of being perp-walked after arrest deters criminal behavior on the part of offenders, especially white-collar criminals, who might otherwise believe they could successfully avoid conviction.
Mary Jo White Mary Jo White (born December 27, 1947) is an American attorney who served as the 31st chair of the Securities and Exchange Commission (SEC) from 2013 to 2017. She was the first woman to be the United States Attorney for the Southern District o ...
, former
United States Attorney for the Southern District of New York The United States attorney for the Southern District of New York is the United States Attorney, chief federal law enforcement officer in eight contiguous New York counties: the counties (coextensive boroughs of New York City) of New York County, ...
, the federal prosecutor's office that handles most crimes committed in the financial sector, believes perp walks in such cases restore investor confidence. Police say that the image of a suspect being taken into custody, when publicized, can encourage other witnesses to come forward with relevant information. Lastly, prosecutors may be trying to get an advantage in a bail hearing if they consider the defendant to be a
flight Flight or flying is the motion (physics), motion of an Physical object, object through an atmosphere, or through the vacuum of Outer space, space, without contacting any planetary surface. This can be achieved by generating aerodynamic lift ass ...
risk, since it bolsters their case if the defendant apparently had to be arrested. Outside of its tactical benefit to law enforcement, " does perform some social functions", says Tierney. "A community shaken by an act of deviancy wants reassurance that moral order has been restored, and a perp walk accomplishes this much more quickly than the courts can. But, then, so does a
lynching Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged or convicted transgressor or to intimidate others. It can also be an extreme form of i ...
." He argues its real social value lies in shaming: In a 2014 paper, Sandrine Boudana of
Tel Aviv University Tel Aviv University (TAU) is a Public university, public research university in Tel Aviv, Israel. With over 30,000 students, it is the largest university in the country. Located in northwest Tel Aviv, the university is the center of teaching and ...
agrees with Tierney's analysis in more academic terms, also evoking ''
The Scarlet Letter ''The Scarlet Letter: A Romance'' is a historical novel by American author Nathaniel Hawthorne, published in 1850. Set in the Puritan Massachusetts Bay Colony during the years 1642 to 1649, the novel tells the story of Hester Prynne, who concei ...
'', saying that the perp walk, like other shaming rituals, is "the physical representation of the isolation of an individual, who is exposed ... to the gaze of an anonymous mass of others who, by their position of viewers, physically express that they (still) belong to one homogeneous group." Following the lead of psychology, she differentiates
shame Shame is an unpleasant self-conscious emotion often associated with negative self-evaluation; motivation to quit; and feelings of pain, exposure, distrust, powerlessness, and worthlessness. Definition Shame is a discrete, basic emotion, d ...
from
guilt Guilt most commonly refers to: *Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard *Culpability, a legal term *Guilt (law), a legal term Music * ''Guilt'' (album), a 2009 album by Mims * "Guilt" ( ...
in that the former divides the self by forcing those shamed to see themselves through the eyes of others while guilt leaves the self unified. "In the media ritual, this split is not imagined by the self but actually experienced." "Interestingly," Boudana suggests, "in its performance, the perp walk reconciles
Guy Debord Guy-Ernest Debord (; ; 28 December 1931 – 30 November 1994) was a French Marxist theorist, philosopher, filmmaker, critic of work, member of the Letterist International, founder of a Letterist faction, and founding member of the Situat ...
and
Michel Foucault Paul-Michel Foucault ( , ; ; 15 October 192625 June 1984) was a French History of ideas, historian of ideas and Philosophy, philosopher who was also an author, Literary criticism, literary critic, Activism, political activist, and teacher. Fo ...
's visions of modern society." In the 1970s, Foucault contrasted Debord's notions of the
Spectacle In general, spectacle refers to an event that is memorable for the appearance it creates. Derived in Middle English from c. 1340 as "specially prepared or arranged display" it was borrowed from Old French ''spectacle'', itself a reflection of the ...
as a key element of modern society with his own theories of the surveillance society, where the
gaze In critical theory, philosophy, sociology, and psychoanalysis, the gaze (French: ''le regard''), in the figurative sense, is an individual's (or a group's) awareness and perception of other individuals, other groups, or oneself. Since the 20th ...
is invisible. "The perp walk altogether turns justice into a spectacle and puts its audience under surveillance with the media offering the transparency of a virtual
panopticon The panopticon is a design of institutional building with an inbuilt system of control, originated by the English philosopher and social theorist Jeremy Bentham in the 18th century. The concept is to allow all prisoners of an institution to be ...
: the threat of media shaming should deter one from perpetrating criminal acts." Financier
Martin Shkreli Martin Shkreli (; born March 17, 1983) is an American investor, businessman and financial criminal. Shkreli is the co-founder of the hedge funds Elea Capital, MSMB Capital Management, and MSMB Healthcare, the co-founder and former CEO of pharm ...
's perp walk after his 2015 arrest on
securities fraud Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information.AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...
patients and responding to the criticism in a manner widely seen as arrogant and self-absorbed: ''
Schadenfreude Schadenfreude (; ; "harm-joy") is the experience of pleasure, joy, or self-satisfaction that comes from learning of or witnessing the troubles, failures, pain, suffering, or humiliation of another. It is a loanword from German. Schadenfreude ...
'', or the malicious joy taken in the sufferings of others. Many users of the
social media Social media are interactive technologies that facilitate the Content creation, creation, information exchange, sharing and news aggregator, aggregation of Content (media), content (such as ideas, interests, and other forms of expression) amongs ...
platforms where Shkreli had gained that reputation responded to the arrest with taunting posts that included pictures of a handcuffed Shkreli, clad in a grey
hoodie A hoodie is a type of sweatshirt with a hood that, when worn up, covers most of the head and neck, and sometimes the face. The most common 'pullover' style hoodies often include a single large knife pocket or muff on the lower front, whil ...
, being escorted by FBI agents from the Eastern District federal courthouse in Brooklyn where he was arraigned to a car taking him to detention until he made bail. "Let's all look at the bad man in chains," ''
Gawker ''Gawker'' was an American blog founded by Nick Denton and Elizabeth Spiers that was based in New York City and focused on celebrities and the media industry. According to SimilarWeb, the site had over 23 million visits per month in 2015. Fo ...
'' exhorted readers, in the midst of pictures and tweets taunting Shkreli. "Shkreli's arrest and perp walk meets everyone's criteria for a satisfying experience—excepting Shkreli himself, of course," ''
Vocativ Vocativ was an American media and technology company founded in 2013 by Mati Kochavi. Vocativ used proprietary data-mining technology to explore the deep web in order to discover stories and generate original content. In 2017, the company announ ...
'' commented. The
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#Shkrelifreude trended on
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for several days afterwards. Writing for a panel of the
Second Circuit Court of Appeals The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdic ...
, federal judge
Guido Calabresi Guido Calabresi (born October 18, 1932) is an Italian-born American jurist who serves as a senior circuit judge of the United States Court of Appeals for the Second Circuit. He is a former Dean of Yale Law School, where he has been a professor s ...
found the perp walk serves the interests of both law enforcement and media. " tboth publicizes the police's crime-fighting efforts and provides the press with a dramatic illustration to accompany stories about the arrest". He nevertheless
held Held may refer to: Places * Held Glacier People Arts and media * Adolph Held (1885–1969), U.S. newspaper editor, banker, labor activist *Al Held (1928–2005), U.S. abstract expressionist painter. *Alexander Held (born 1958), German television ...
that perp walks that did not arise naturally from the transport of arrestees but rather were staged purely for media purposes violated the Fourth Amendment. In a later Second Circuit decision upholding the general constitutionality of perp walks, Judge Fred I. Parker agreed that perp walks were primarily driven by media interest. "Whether the accused wrongdoer is wearing a sweatshirt over his head or an Armani suit on his back, we suspect that perp walks are broadcast by networks and reprinted in newspapers at least in part for their entertainment value." But he found them to serve a legitimate state interest as well:


History

Perp walks have historical antecedents in public spectacles around the administration of justice throughout history. Within the United States, again particularly in New York City, the process has evolved over time and through some celebrated instances.


Medieval Europe

In medieval Europe, the ''end'' of the judicial process, often an execution, was often its most public, and sometimes the ''only'' public, aspect. French philosopher
Michel Foucault Paul-Michel Foucault ( , ; ; 15 October 192625 June 1984) was a French History of ideas, historian of ideas and Philosophy, philosopher who was also an author, Literary criticism, literary critic, Activism, political activist, and teacher. Fo ...
wrote in ''
Discipline and Punish ''Discipline and Punish: The Birth of the Prison'' () is a 1975 book by French philosopher Michel Foucault. It is an analysis of the social and theoretical mechanisms behind the changes that occurred in Western penal systems during the modern ...
'', his influential history of the evolution of criminal justice over the course of the
Enlightenment Enlightenment or enlighten may refer to: Age of Enlightenment * Age of Enlightenment, period in Western intellectual history from the late 17th to late 18th century, centered in France but also encompassing (alphabetically by country or culture): ...
: At that point, " was the task of the guilty man to bear openly his condemnation and the truth of the crime he had committed." Convicts wore placards summing up their offense, and on the way to the
gallows A gallows (or less precisely scaffold) is a frame or elevated beam, typically wooden, from which objects can be suspended or "weighed". Gallows were thus widely used to suspend public weighing scales for large and heavy objects such as sa ...
were stopped at churches to make an ''
amende honorable Amende honorable was originally a mode of punishment in France which required the offender, barefoot and stripped to his shirt, and led into a church or auditory with a torch in his hand and a rope round his neck held by the public executioner, to b ...
'', a ceremonial plea for forgiveness.Foucault, 43. The executions themselves were long, almost theatrical spectacles, such as the 1757
drawing and quartering To be hanged, drawn and quartered was a method of torturous capital punishment used principally to execute men convicted of high treason in medieval and early modern Britain and Ireland. The convicted traitor was fastened by the feet to a h ...
of
Robert-François Damiens Robert-François Damiens (; surname also recorded as ''Damier'', ; 9 January 1715 – 28 March 1757) was a French domestic servant whose attempted assassination of King Louis XV in 1757 culminated in his public execution. He was the last per ...
for his attempted assassination of
King Louis XV Louis XV (15 February 1710 – 10 May 1774), known as Louis the Beloved (), was King of France from 1 September 1715 until his death in 1774. He succeeded his great-grandfather Louis XIV at the age of five. Until he reached maturity (then defi ...
. A detailed account of that procedure, the last execution by that method in French history, opens Foucault's book.Foucault, 3–6. In
medieval England England in the Middle Ages concerns the history of England during the Middle Ages, medieval period, from the end of the 5th century through to the start of the Early modern Britain, early modern period in 1485. When England emerged from the co ...
as well, those convicted of
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its d ...
were paraded through the streets in an open wagon to their executions. Originally they had been dragged by horses, but some arrived almost dead from that treatment, unable to live through the
hanging Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerou ...
,
castration Castration is any action, surgery, surgical, chemical substance, chemical, or otherwise, by which a male loses use of the testicles: the male gonad. Surgical castration is bilateral orchiectomy (excision of both testicles), while chemical cas ...
, disemboweling and drawing and quartering that followed. While being transported, they were often pelted with objects thrown at them by onlookers. "This was a symbolic process that led the criminal to oblivion," observed Charles Spencer in ''Killers of the King'', his 2014 account of the
regicides Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
of
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
, many of whom were executed this way. "The drawing through the streets provided a final, degrading journey from the living world." In the 19th century, as penal-reform efforts began to succeed, imprisonment began to replace execution as the preferred punishment for egregious crimes, since it offered the possibility of the convict's eventual repentance. The spectacles surrounding execution became more restrained, even when those were held in public. By the middle of the century larger cities were establishing police departments, professionalizing the prevention and investigation of crime.


1890s–1960s: The early years

In the United States, the perp walks dates back more than a century, to when cameras'
shutter speed In photography, shutter speed or exposure time is the length of time that the film or digital sensor inside the camera is exposed to light (that is, when the camera's shutter (photography), shutter is open) when taking a photograph. The am ...
became fast enough to allow photography of a small group of individuals walking. It is believed to have been done even prior to
Theodore Roosevelt Theodore Roosevelt Jr. (October 27, 1858 – January 6, 1919), also known as Teddy or T.R., was the 26th president of the United States, serving from 1901 to 1909. Roosevelt previously was involved in New York (state), New York politics, incl ...
's tenure as New York City police commissioner in the 1890s. The city's newspaper photographers soon ritualized it.
J. Edgar Hoover John Edgar Hoover (January 1, 1895 – May 2, 1972) was an American attorney and law enforcement administrator who served as the fifth and final director of the Bureau of Investigation (BOI) and the first director of the Federal Bureau o ...
, the first director of the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
(FBI), made sure the press could witness his agents bringing accused gangsters
Alvin Karpis Alvin Francis Karpis (born Albin Francis Karpavičius; August 10, 1907 – August 26, 1979) was a Canadian–American criminal of Lithuanian descent known for being a leader of the Barker–Karpis Gang in the 1930s. Nicknamed "Creepy" for his ...
and Harry Campbell to justice. One of the earliest precursors of the perp walk, before the term came into use, occurred in 1903. NYPD inspector George W. McClusky had arrested the principal members of the Morello crime family, one of the earliest dominant
Mafia "Mafia", as an informal or general term, is often used to describe criminal organizations that bear a strong similarity to the Sicilian Mafia, original Mafia in Sicily, to the Italian-American Mafia, or to other Organized crime in Italy, organiz ...
groups in the city, following the discovery of a mutilated, dismembered corpse later identified as a Morello associate from Buffalo in a barrel outside a
Little Italy Little Italy is the catch-all name for an ethnic enclave populated primarily by Italians or people of Italian ancestry, usually in an Urban area, urban neighborhood. The concept of "Little Italy" holds many different aspects of the Italian cul ...
apartment house, the most notorious of the city's organized crime-related
Barrel Murders A barrel murder was a method for disposing of the bodies of people killed by early American mafiosi since the 1870s, although the earliest recorded barrel murders in New York were reported in 1895 and 1900. The victims, usually Italian immigrant ...
around the turn of the 20th century. After they had been in lockup for a night, McClusky had the cuffed suspects marched through the streets of Little Italy, in full view of their fellow Italian immigrants, from police headquarters to the nearby
Third Judicial District Courthouse The Jefferson Market Branch of the New York Public Library, once known as the Jefferson Market Courthouse, is a National Historic Landmark located at 425 Avenue of the Americas (Sixth Avenue), on the southwest corner of 10th Street (Manhattan), W ...
for arraignment, claiming that the paddy wagons in which this would normally be done had not arrived as scheduled. American Mafia historian Thomas Reppetto not only likens this to present-day perp walks but sees further historical precedents. Italian police of the era sometimes paraded arrested mafiosi before their communities as well, "dramatizing their powerlessness." Before them, the ancient Romans had done the same with
prisoners of war A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war for a ...
. Many of the immigrants watching the chained Morellos being walked past them were, ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' reported, believed to be supporting them. The police eventually had to disperse them when they feared an attempt was underway to free them from custody. "The papers liked such stories," Repetto wrote, "and so did the police. Portraying the Mafia as an all-powerful organization made their occasional victories seem all the more impressive."
ABC News ABC News most commonly refers to: * ABC News (Australia), a national news service of the Australian Broadcasting Corporation * ABC News (United States), a news-gathering and broadcasting division of the American Broadcasting Company ABC News may a ...
reporter John Miller, who has also worked as a
press secretary A press secretary or press officer is a senior advisor who provides advice on how to deal with the news media and, using news management techniques, helps their employer to maintain a positive public image and avoid negative media coverage. Dutie ...
for law enforcement agencies, has identified three distinct stages in the evolution of the perp walk. Until the 1940s, suspects were paraded before reporters across a stage in the basement of police headquarters. The reporters decided if any would make a good story. After that period, reporters were assigned to individual station houses, and watched as suspects were booked and fingerprinted. They often were allowed to talk to them, and if any were deemed worthy of coverage a photo opportunity was usually provided. Bank robber
Willie Sutton William Francis Sutton Jr. (June 30, 1901 – November 2, 1980) was an American bank robber. During his forty-year robbery career he stole an estimated $2 million, and he eventually spent more than half of his adult life in prison and escape ...
's legendary response (which he denied ever having made) of "Because that's where the money is" to a question about why he robbed banks, was said to have been uttered during a perp walk held in this fashion. A variant of the perp walk from this era, now no longer practiced, was the "
confession A confession is a statement – made by a person or by a group of people – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information that ...
shot" in which the defendant would be photographed signing or reviewing his written statement admitting to the crime. This era ended with the 1962 Borough Park Tobacco warehouse robbery in Brooklyn. Two detectives were killed; the first double homicide of NYPD officers in 30 years led to a massive manhunt. One of the accused robbers, Tony Dellernia, surrendered in Chicago. Upon his
extradition In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc ...
to New York, he was perp-walked. Some photographers complained to the police at the Brooklyn precinct house where he was being held that they had missed it. Albert Seedman, a high-ranking detective, not only restaged it for reporters three hours after the original walk, he held up Dellernia's head so it would be visible. The defendant's pained expression, next to Seedman with a cigar stub in his mouth, "stretching the suspect's face as if it were pizza dough", as the ''New York Times'' put it years later, was captured in the photographs, leading to public outrage. Seedman, who later became the department's chief detective, knew he would regret it, and was later
reprimand A reprimand is a severe, formal or official reproof. Reprimanding takes in different forms in different legal systems. A reprimand in custody may be a formal legal action issued by a government agency or professional governing board (e.g. medic ...
ed. Another, Jerry Rosenberg, also surrendered. "He is the killer," Ray Martin, the detective in charge, told the press during the perp walk, "and he is going to burn for it." After his conviction, Rosenberg sued the city and Martin for that and alleged police brutality during his arrest. Pro se legal representation in the United States, Representing himself, the beginning of his career as a jailhouse lawyer, Rosenberg won a small verdict against Martin in district court that was later reversed on appeal.
Rosenberg v. Martin
', 478 F.2d 520 (United States Court of Appeals for the Second Circuit, 2nd Cir., 1973).
The next year a perp walk ended with the defendant's death. After the assassination of President John F. Kennedy, Lee Harvey Oswald, suspected of the crime and the related killing of a Dallas police officer, was frequently taken before the media, whose questions he sometimes answered, at the police station where he had been arrested. During the perp walk for his transfer to the county jail, he was fatally shot on live television by Jack Ruby, a civilian who was a frequent visitor to the police station. As a result of that, security would be tightened on future perp walks to prevent similar killings.


1960s–1980s: The televised perp walk

In New York, the rise of television news later in that decade led to other changes. Reporters came with camera crews, which could no longer be accommodated inside precinct houses. In 1969 a group of journalists, judges and police officers drew up guidelines for perp walks after a conference. "Law enforcement and court personnel should not prevent the photographing of defendants when they are in public places outside the courtroom", they read. "They should neither encourage nor discourage pictures or televising, but they should not pose the accused." A few years later they were formally adopted by the NYPD. Later that decade, in 1977, an amused-looking
David Berkowitz David Richard Berkowitz (born Richard David Falco; June 1, 1953), also known as the Son of Sam and the .44 Caliber Killer, is an American serial killer and former U.S. Army soldier who committed a series of stabbings and shootings between 1 ...
, the "Son of Sam" serial killer, was paraded in front of a large group of media after his arrest, a spectacle that calmed a city his murders had left on edge. Three years later, following Mark David Chapman's arrest after he Death of John Lennon, killed John Lennon, police took precautions against the sort of revenge killing that had happened to Oswald.


1980s–1990s: White-collar perp walks

In the 1980s, White-collar crime, white-collar criminals began to be perp-walked as well, as federal prosecutors saw the public-relations value of the practice. During his tenure as
United States Attorney for the Southern District of New York The United States attorney for the Southern District of New York is the United States Attorney, chief federal law enforcement officer in eight contiguous New York counties: the counties (coextensive boroughs of New York City) of New York County, ...
,
Rudolph Giuliani Rudolph William Louis Giuliani ( , ; born May 28, 1944) is an American politician and disbarred lawyer who served as the 107th mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General fr ...
often had Wall Street investment banking, investment bankers perp-walked. Defendants such as Richard Wigton, a Kidder Peabody trader accused of insider trading, were arrested at their place of business and walked off a trading floor in handcuffs with a uniformed police escort, as Charlie Sheen's character Bud Fox is in Oliver Stone's 1987 film ''Wall Street (1987 film), Wall Street''. "Rudy Giuliani made an art form out of [the perp walk]", says Loyola Law School professor Laurie Levenson. Former Manhattan district attorney Robert Morgenthau agrees, calling Giuliani "the master of the perp walk". At the same time, the term "perp walk" became common usage for the practice. ''
New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' language columnist William Safire found 1986 to be its earliest use in the media. His colleague John Tierney claims the term was in use among photographers and the police as early as the 1940s. Major figures in organized crime had always been perp-walked when arrested. Later in the 1980s, one of these,
John Gotti John Joseph Gotti Jr.Capeci, Mustain (1996), pp. 25–26 ( , ; October 27, 1940 – June 10, 2002) was an American '' mafioso'' and boss of the Gambino crime family in New York City. He ordered and helped to orchestrate the murder of Gambin ...
, head of the
Mafia "Mafia", as an informal or general term, is often used to describe criminal organizations that bear a strong similarity to the Sicilian Mafia, original Mafia in Sicily, to the Italian-American Mafia, or to other Organized crime in Italy, organiz ...
's Gambino crime family, Gambino family, "took the perp walk to a whole new level", according to Miller. He made his walks wearing the expensive bespoke#Bespoke clothing, custom-tailored suits that earned him the "Dapper Don" nickname. Reporters would politely ask him how he was doing as he walked. A ''Times'' freelancer once asked him the question in formal Italian: "''Buonasera, signore, come sta''?". Gotti responded in kind "''Bene, grazie''" and turned to the cameras and smiled, giving the photographers and television cameras the memorable image they had sought. During the
Whitewater Whitewater forms in the context of rapids, in particular, when a river's Stream gradient, gradient changes enough to generate so much turbulence that air is trapped within the water. This forms an unstable current that foam, froths, making t ...
investigation in the 1990s,
Susan McDougal Susan Carol McDougal (née Henley; born June 27, 1955) is a real estate investor who served prison time as a result of the Whitewater controversy. Her refusal to answer "three questions" for a grand jury, on whether President Bill Clinton lied ...
, held in contempt of court, contempt for refusing to testify before special prosecutor
Kenneth Starr Kenneth Winston Starr (July 21, 1946 – September 13, 2022) was an American lawyer and judge who as Special prosecutor, independent counsel authored the Starr Report, which served as the basis of the impeachment of Bill Clinton. He headed an i ...
's
grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
, was perp-walked wearing
leg irons Legcuffs are physical restraints used on the ankles of a person to allow walking only with a restricted stride and to prevent running and effective physical resistance. Frequently used alternative terms are leg cuffs, (leg/ankle) shackles, foo ...
and a waist chain as well as handcuffs, which she wore over an ensemble consisting of a jacket, white blouse, miniskirt, black stockings and high heels. Starr was criticized for what was seen as a gratuitous attempt to humiliate an uncooperative witness. He claimed his office had nothing to do with the level of restraint she wore, and the marshals' service said that was standard for all prisoners in transit. In 1995 Oklahoma City bomber Timothy McVeigh, already in Oklahoma Highway Patrol custody for a firearms violation, was paraded before television cameras by the FBI nearly three hours before he was officially arrested for the bombing. His lawyers later asked to have eyewitness identifications of him excluded from evidence, on the grounds that they were all based on the widely televised perp walk and none of the witness had been asked to pick him out of a police lineup, lineup.


1990s–present: Legal challenges and resumption

Some of the NYPD's own officers were subjected to a notable perp walk in 1994. After a wide-ranging investigation found extensive police corruption, corruption at the 30th Police precinct, Precinct in Harlem, a large group of officers were arrested in uniform and led out in handcuffs before the media. William Bratton, then the city's new New York City Police Commissioner, police commissioner was present, holding a news conference to announce the arrests. He cashiering, removed the officers' badges, with the cameras rolling, and threw them in the garbage. In the late 1990s, the NYPD stopped doing perp walks when one led to a lawsuit. John Lauro, Doorman (profession), doorman at an
Upper East Side The Upper East Side, sometimes abbreviated UES, is a neighborhood in the boroughs of New York City, borough of Manhattan in New York City. It is bounded approximately by 96th Street (Manhattan), 96th Street to the north, the East River to the e ...
apartment building, was arrested on theft charges in 1995. After his original perp walk, the detective, Michael Charles, did another one three hours later so a local television news crew could film the event. The charges were later dropped, and he filed a Section 1983 suit against Charles, the police and the city in federal court, arguing that the perp walk was an unreasonable seizure of his person that thus violated his Fourth Amendment rights. The judge agreed the perp walk violated the Fourth Amendment.
Lauro v. City of New York et al
', 39 F.Supp.2d 351, (United States District Court for the Southern District of New York, S.D.N.Y., 2000)
On appeal that judgement was limited strictly to perp walks staged for the media. At the same time, another suit challenged the constitutionality of perp walks '':wikt:per se, per se''. In 1999, the government of Westchester County, New York, Westchester County, the suburban area directly to the north of New York City, had several of its correctional officers arrested for filing falsified injury claims. They were videotaped by county employees immediately after their arrest at government offices, then taken to be arraigned in a local court where county executive Andrew Spano gave a news conference on the arrests. It culminated with the defendants being perp-walked before the media present. The district court, relying on the Lauro case as precedent, found the perp walk constitutional since it was necessary for law enforcement to take the defendants to court for arraignment,
Caldorola v. County of Westchester
', 142 F.Supp.2d 431, (United States District Court for the Southern District of New York, S.D.N.Y., 2001)
a decision again upheld on appeal. Perp walks resumed, with many corporate executives charged in the scandals of the early 2000s, such as
Andrew Fastow Andrew Stuart Fastow (born December 22, 1961) is an American convicted felon and former financier who was the chief financial officer of Enron Corporation, an energy trading company based in Houston, Texas, until he was fired shortly before the ...
and
John Rigas John James Rigas (November 14, 1924 – September 30, 2021) was an American businessman who was one of the founders of Adelphia Communications Corporation, which at its peak was one of the largest cable TV companies in the United States. He was ...
, subjected to them. In 2003, former U.S. ambassador to Iraq Joseph C. Wilson evoked the perp walk, and provided another term for it, when accusing a senior Presidency of George W. Bush, Bush Administration official of Plame affair, leaking the name of his wife, Valerie Plame, Valerie a spy, to the media as retaliation for a ''New York Times'' op-ed in which he had cast doubt on key aspects of the administration's claims in support of the Iraq War: "It's of keen interest to me to see whether or not we can get Karl Rove wikt:frog march, frog-marched out of the White House in handcuffs." Liberal critics of the administration Photo manipulation, created images of that occurring; in 2008 a Code Pink protester in San Francisco attempted to make a citizen's arrest of Rove, who had by then left the government. Back in Iraq, deposed dictator Saddam Hussein made what an American photographer present called "the ultimate perp walk", in restraints, escorted by two Iraqi security personnel, with a media presence, to the start of his Trial of Saddam Hussein, trial in 2004. "I felt his anger at my camera, at me," Karen Ballard recalled, "and actually thought he might spit on me. He didn't know exactly what was about to happen and, suddenly, the formerly fierce dictator seemed small and disheveled." To her, and other observers, it symbolized the end of his reign and the beginning of hopes for a more democratic Iraq. In the first years of the next decade, two prominent foreign citizens were perp-walked by American law enforcement agencies. Viktor Bout, a Russian long wanted by the U.S. and other governments for arms smuggling, was arrested in Thailand and taken past waiting media by federal Drug Enforcement Administration agents upon his
extradition In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc ...
in 2010. The next year,
Dominique Strauss-Kahn Dominique Gaston André Strauss-Kahn (; born 25 April 1949), also known as DSK, is a French economist and politician who served as the tenth managing director of the International Monetary Fund (IMF), and was a member of the French Socialist P ...
, then director of the
International Monetary Fund The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution funded by 191 member countries, with headquarters in Washington, D.C. It is regarded as the global lender of las ...
and considered a leading candidate to challenge Nicolas Sarkozy in the 2012 French presidential election, was Dominique Strauss-Kahn sexual assault case, arrested and charged with the attempted rape of a hotel housekeeper. French journalists covering the incident in New York were stunned into silence when a handcuffed Strauss-Kahn was brought by them. In France, where it is illegal to publish pictures of an identifiable person in handcuffs or police custody unless they have been convicted, the images sparked considerable public Dominique Strauss-Kahn sexual assault case#French reaction, outrage. Two months later, criticism of the perp walk resumed when Strauss-Kahn's bail terms were reduced from house arrest to his own recognizance after the office of Manhattan district attorney Cyrus Vance, Jr. found the housekeeper had been dishonest with them about other aspects of her story than the attack. Mayor Michael Bloomberg, who had earlier defended the perp walk, criticized it as "outrageous". New York City Council, City Councilman David G. Greenfield introduced legislation that would ban perp walks. "I honestly believe it's unconstitutional," he said. "If we banned it here we could send a message to the country." New York City Police Commissioner, Police Commissioner Raymond Kelly said the media was to blame, not his department. "If they make a decision to stake out a location when someone is walked out of the front of a precinct ... it's not a decision that the Police Department makes", he said. "We have been walking prisoners out of the front doors of stationhouses for 150 years in the Police Department ... This is how we transport people to court ... I don't think the genie's ever gonna be put back inside the bottle. That's the way it is." The legislation was seen as unlikely to pass.


Legality

In the 1931 ''Near v. Minnesota'' decision, the United States Supreme Court held that laws limiting what could be published, called prior restraint, infringed on the freedom of the press guaranteed by the First Amendment of the United States Constitution, First Amendment to the Constitution.''Near v. Minnesota'', . "The fact that the liberty of the press may be abused by miscreant purveyors of scandal", wrote Chief Justice of the United States, Chief Justice Charles Evans Hughes, "does not make any the less necessary the immunity of the press from previous restraint."''Near'', 283 U.S. at 720, Charles Evans Hughes, Hughes, Chief Justice of the United States, C.J. Later the Court would allow a limited exception for national security purposes, in the Pentagon Papers case, ''New York Times Co. v. United States''.''New York Times Co. v. United States'', . In the early 1980s a series of cases established the right of the press to cover all aspects of criminal proceedings in court. The first, ''Richmond Newspapers v. Virginia'', held that the right to be informed about government action was specifically protected by the Constitution.''Richmond Newspapers v. Virginia'', . Judges may still close criminal court proceedings to the media if they believe that coverage would create a "substantial probability" of denying the defendant his or her right to a fair trial, but must state their reasons for doing so on the record.''Press-Enterprise Co. v. Superior Court of Cal., County of Riverside'', . With this underlying law, no defendant had challenged the constitutionality of the perp walk prior to John Lauro. Despite criticisms that it undermined the
presumption of innocence The presumption of innocence is a legal principle that every person Accused (law), accused of any crime is considered innocent until proven guilt (law), guilty. Under the presumption of innocence, the legal burden of proof is thus on the Prosecut ...
, defendants who had been convicted or pleaded guilty never claimed their rights had been violated by the perp walk, and could not claim injury to reputation from it. Lauro, who had been perp-walked only to have the charges later dropped, was the first claimant to have standing (law), standing.


''Lauro v. Charles''

In 1995 Lauro, doorman (profession), doorman at a small
Upper East Side The Upper East Side, sometimes abbreviated UES, is a neighborhood in the boroughs of New York City, borough of Manhattan in New York City. It is bounded approximately by 96th Street (Manhattan), 96th Street to the north, the East River to the e ...
apartment building, was arrested on burglary charges after a resident sent video from a hidden camera to police that apparently showed Lauro stealing from his apartment while on vacation. After his arrest the detectives were told he should be taken on a perp walk for cameras from a local TV station, to which the tenant had licensed his surveillance video. He was taken, in handcuffs, out to a police car, driven around the block and walked back into the building. While the video showed Lauro looking through the tenant's drawers and closets, it did not show him taking anything. On further investigation the tenant, who had allowed Lauro to enter his apartment during his vacation to water plants and deliver mail, could not identify any missing items in the areas Lauro had looked through. The charges were reduced to attempted petit larceny, a misdemeanor, and Adjournment in contemplation of dismissal, adjourned in contemplation of dismissal. Lauro, who had been termination of employment, fired, was unable to get his job back. Lauro filed a Section 1983 lawsuit against the city, the police department and Detective Michael Charles in federal court for the United States District Court for the Southern District of New York, Southern District of New York. He alleged the arrest and perp walk violated his rights under the Fourth Amendment to the United States Constitution, Fourth, Sixth Amendment to the United States Constitution, Sixth, Eighth Amendment to the United States Constitution, Eighth and Fourteenth Amendment to the United States Constitution, Fourteenth amendments. Judge Allen G. Schwartz
held Held may refer to: Places * Held Glacier People Arts and media * Adolph Held (1885–1969), U.S. newspaper editor, banker, labor activist *Al Held (1928–2005), U.S. abstract expressionist painter. *Alexander Held (born 1958), German television ...
in 1999 that the arrest was lawful but the perp walk was not. "The perp walk conducted with plaintiff", Schwartz wrote, "was a seizure that intruded on plaintiff's privacy interests and personal rights, and was conducted in a manner designed to cause humiliation to plaintiff with no legitimate law enforcement objective or justification." He found it even more humiliating than the police stops approved by the Supreme Court in ''Terry v. Ohio''. "In addition to the indignity of the walk itself is the fact that the police were aware that the walk was to be featured on the WNYW, Fox 5 News and exposed to the entire New York metropolitan area. All this in a nation where an accused is presumed to be innocent until proven otherwise."''Lauro'', 39 F.Supp. 2d 351, 363. He ruled that Charles was not entitled to qualified immunity for his actions since ''Ayeni v. Mottola'', a previous decision of the
Second Circuit Court of Appeals The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdic ...
, which has appellate jurisdiction over New York, held that unnecessary media exposure by law enforcement was unconstitutional.
Ayeni v. Mottola
', 35 F.3d 680 (United States Court of Appeals for the Second Circuit, 2nd Cir., 1994).
In that case a crew from a CBS-TV newsmagazine show, ''Street Stories'', had been allowed to accompany United States Secret Service, Secret Service agents executing a search warrant. Charles appealed to the Second Circuit himself, arguing that no court had held the perp walk unconstitutional. The next year, 2000, a panel of three judges agreed and reversed the district court, while still finding a constitutional violation. Charles relied on two precedents, the Supreme Court's ''Paul v. Davis''''Paul v. Davis'', . and the Second Circuit's own ''Rosenberg v. Martin'', Jerry Rosenberg's case, to support his argument that the injury to Lauro's reputation did not in itself deprive him of his constitutional rights.In ''Paul'', a man who, like Lauro, was arrested on a petit larceny charge that was never formally disposed, sued a local police chief for including his name and photograph on a list of "known and active shoplifting, shoplifters" distributed to local retailers. Writing for the panel,
Guido Calabresi Guido Calabresi (born October 18, 1932) is an Italian-born American jurist who serves as a senior circuit judge of the United States Court of Appeals for the Second Circuit. He is a former Dean of Yale Law School, where he has been a professor s ...
, former dean of Yale Law School, rejected those two arguments since in neither case had the plaintiffs asserted a Fourth Amendment violation, as Lauro had. He turned to the perp walk itself, which he agreed seemed to be a question of first impression (law), first impression.''Lauro'', 219 F.3d 202, 206–209. He looked to ''Ayeni'' and ''Wilson v. Layne'',''Wilson v. Layne'', . decided by the Supreme Court the year before, as precedents. In the latter case the Court had unanimously held it was unconstitutional for reporters to accompany federal marshals executing an
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property. Canada Arrest warrants are issued by a jud ...
in a private residence since their presence served no valid law enforcement purpose. Since the two cases involved private homes with a reasonable expectation of privacy, he distinguished Lauro's by noting the perp walk had occurred on a public street and sidewalk in front of the police station.''Lauro'', 219 F.3d at 211–12. Instead, what rendered Lauro's perp walk a violation of his rights was that it had been staged. "Even assuming that there is a legitimate state interest in accurate reporting of police activity," Calabresi wrote, "that interest is not well served by an inherently fictional dramatization of an event that transpired hours earlier." He declined to rule on the constitutionality of perp walks as a general issue since that question was not before the court, and held that Charles indeed had qualified immunity because the facts of ''Ayeni'' were not sufficiently identical with Lauro's case to consider it settled law as of 1995.''Lauro'', 219 F.3d at 213–16.


''Caldorola v. County of Westchester''

As the district court was getting ready to rule on Lauro's case, another challenge to the perp walk was beginning. In 1998 the Department of Corrections in Westchester County, New York, Westchester County just north of New York City began investigating whether several of its corrections officers were falsely claiming Disability pension, disability benefits. Video surveillance found four were seemingly more active than their claimed disabilities would allow, and a fifth was living outside the state in violation of a residency requirement. They were charged with third-degree grand larceny, a felony, and arrested at DOC offices. County employees videotaped them being led, handcuffed, to vehicles after their arrest. At a press conference that afternoon, County Executive Andrew Spano announced the arrests and showed the surveillance video. He told the reporters the defendants were being arraigned at a nearby municipal court, and the defendants were made to wait until the media could film them being led into the courthouse. They filed suit in the Southern District, alleging that the maximized media exposure of their perp walk violated their Fourth Amendment rights even though it had not been staged as Lauro's had. In 2001 Judge Colleen McMahon ruled for the county. Videotaping the defendants under arrest on county property did not violate their privacy, since "[t]he fact that a person can be found in a particular place at a particular time does not give rise to some possessory interest, and it would be unreasonable to conclude otherwise." In fact, she wrote, "[p]laintiffs have not identified any possessory interest they had in not being videotaped, and this [c]ourt can think of none." On the other hand, the county could have had many reasons for videotaping the defendants, such as protecting itself from later accusations of abuse or other improper conduct.''Caldarola'', 142 F.Supp. 2d 431, 439. McMahon agreed with the plaintiffs that the arrests were "choreographed", but distinguished their perp walks from Lauro's: "[T]he footage shot in this case was 'reality television' (albeit with scripted stage directions). Plaintiffs were actually being transported for arrest processing, so what was filmed was legitimate law enforcement activity—not a wholly fictitious event."''Caldarola'', 142 F.Supp. 2d 431, 440. In conclusion, she went further than the appeals court had in ''Lauro''. On appeal, a panel composed of judges Fred I. Parker, Dennis Jacobs (now the Second Circuit's chief judge), and Sonia Sotomayor (later elevated to the Supreme Court) affirmed the district court. For the panel, Parker elaborated on the defendants' minimal expectation of privacy on the property where they were arrested, saying it was irrelevant that the media were not generally allowed there: "DOC employees ... are generally aware that it is their employer's prerogative, not their own, to decide who may have access to DOC grounds ... [They] could have no reasonable expectation that other County employees would be excluded from access to DOC property merely because [they] had been arrested." His opinion otherwise echoed McMahon's, and reaffirmed ''Lauro'''s distinction between residential and public spaces where privacy interests are at stake.''Caldorola'', 343 F.3d 570, 576–77.


Reactions

The perp walk has been both criticized and defended by lawyers, journalists, politicians and the general public, both inside and outside the United States.


Legal

In a footnote to his decision in the Lauro case, Judge Schwartz made his distaste for ''all'' perp walks clear. Critics have also said it is detrimental to the
presumption of innocence The presumption of innocence is a legal principle that every person Accused (law), accused of any crime is considered innocent until proven guilt (law), guilty. Under the presumption of innocence, the legal burden of proof is thus on the Prosecut ...
. "It's a way for the police to try their case in the press and to get the intimation of guilt by virtue of an arrest," says New York Civil Liberties Union director Donna Lieberman. "The question is, does it poison the right to a fair trial? And that depends on each case." Nat Hentoff of the ''Village Voice'' observed that "[u]nder such circumstances, even Mother Teresa would look extremely suspicious, especially if her hands were cuffed behind her back." Acknowledging a common response to such criticisms, that no arrested defendant is spared the perp walk, law professor Patricia Williams says "the perp walk is a social equalizer all right, but not in a good way" since United States incarceration rate, the United States leads the world in incarceration rates. " tis hardly the greatest icon of equal rights". The case of Richard Wigton has been cited as an example of the destructive effects of a perp walk. At the behest of
Rudolph Giuliani Rudolph William Louis Giuliani ( , ; born May 28, 1944) is an American politician and disbarred lawyer who served as the 107th mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General fr ...
, then United States Attorney for the Southern District of New York, U.S. Attorney for the Southern District of New York, Wigton, then head of risk arbitrage at now-defunct Kidder Peabody was arrested at his office on insider trading charges in 1987. He sobbed openly as he was walked in handcuffs past his coworkers. Three months later the charges against him and an associate were dropped, supposedly to seek an expanded indictment that never came. Giuliani's successor closed the investigation, by which time Wigton had been forced into retirement. Shortly before his death in 2007, Wigton said that he was a "victim of Giuliani's ambition." Legal criticism of the perp walk is not limited to the defense bar. Charles Hynes, former district attorney for New York City's borough of Brooklyn, opposed perp walks and refused to have those his office prosecuted subjected to them. In her novel ''Final Jeopardy'', Linda Fairstein, former head of the Manhattan district attorney's sex crimes unit, has her main character, prosecutor Alexandra Cooper, ask a detective to hold off on the perp walk until all the victims have had the chance to pick the defendant out of a police lineup, since defense lawyers were often able to exclude such identifications made after the perp walk had been broadcast.


Journalistic

Some journalists have criticized the behavior of their colleagues covering perp walks. Stephen Stock, investigative reporter for WFOR-TV in Miami, argues that "showing this 'walk' in such circumstances is exploitative" and might be viewed as "knocking someone down a peg," if they were already well-known. "Perp walks are often the very first 'money shots' of a high-profile crime case," says Lori Waldon, news director for Milwaukee, Wisconsin, Milwaukee station WISN-TV, WISN. "Those first images are important when the story breaks. But we also know that the perp walk often looks and feels like a circus. Unfortunately, those images often portray journalists at their worst." In particular, Waldon criticizes reporters asking questions like "'Did you kill your wife?'" "It's those silly questions that elevate a perp walk to a circus. That's the stuff of a ''Saturday Night Live'' skit. I think any question that's insulting, presumptuous or bullying is totally off limits." Crime reporter Art Harris suggests that such questions are not designed to elicit real answers: "Usually you get no response. The journalists who shout probably know they are not going to get an answer but the reporter gets the voice on tape and his boss says, 'Hey, hey he is out there doing his job.'" The images are often broadcast in slow motion. "Everyone looks guilty when they're slo-mo'ed" says Waldon. She is particularly critical of the reuse of the perp walk repeatedly throughout coverage of the case, suggesting that "Those images become caricatures." Boudana focuses on the images of the perp walk in the media, rather than the information they convey, as damaging the presumption of innocence. "[They] do not only ''identify the suspect''; they stage the 'being a suspect', that is, they offer a ''performance'' that frames our attention." Edward Wasserman, a journalist and later journalistic ethics professor, observed that "U.S. practices are rooted in an Adversarial system, adversarial principle—that the criminal-justice system, like any governmental function, needs to be watched carefully and held accountable publicly by a skeptical watchdog press ... Yet with criminal suspects, the media routinely operate not as a ''check'' on the prosecutorial state but as its ''servant'', and unwittingly mete out punishments that are less deliberate, less proportionate, less deserved, and far less accountable than those pronounced by judges."


Strauss-Kahn case

In 2011 detectives from the New York City Police Department's Special Victims Unit walked a handcuffed
Dominique Strauss-Kahn Dominique Gaston André Strauss-Kahn (; born 25 April 1949), also known as DSK, is a French economist and politician who served as the tenth managing director of the International Monetary Fund (IMF), and was a member of the French Socialist P ...
past waiting reporters on the way to his
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; i ...
on Dominique Strauss-Kahn sexual assault case, charges of sexually assaulting a hotel housekeeper. His case drew significant attention since he was, at the time, director of the
International Monetary Fund The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution funded by 191 member countries, with headquarters in Washington, D.C. It is regarded as the global lender of las ...
and considered a leading candidate to challenge Nicolas Sarkozy in the 2012 French presidential election. The charges were later dismissed. The police department's handling of the Strauss-Kahn case was heavily criticized in his native France. Élisabeth Guigou, who as Ministry of Justice (France), French minister of justice in 2000 had lobbied successfully for the passage of a law that forbids the publication of any images of an identifiable defendant in handcuffs who has not yet been convicted, criticized the walk, stating: "I found that image to be incredibly brutal, violent and cruel ... I don't see what the publication of images of this type adds." Another former member of the Cabinet of France, French cabinet, Jack Lang (French politician), Jack Lang, Minister of Culture (France), Minister of Culture in the early 1980s, likened the perp walk to a
lynching Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged or convicted transgressor or to intimidate others. It can also be an extreme form of i ...
. Senate of France, French Senator Jean-Pierre Chevènement, a longtime acquaintance of Strauss-Kahn's, wrote on his blog that "The heart can only contract before these humiliating and poignant images ... A horrible global lynching! And what if it were all a monstrous injustice?" The French newspaper ''Le Monde'' editorialized: "When one of the world's most powerful men is turned over to press photos, coming out of a police station handcuffed, hands behind his back, he is already being subjected to a sentence which is specific to him ... Is it necessary that a man's fame deprive him of his presumption of innocence in the media? Because if they must assuredly be equal before the justice system, all men are not equal before the press." The Conseil supérieur de l'audiovisuel (CSA), the agency of the French government which oversees broadcast media, reminded television stations there that it was still illegal to broadcast footage of the perp walk, as some did, even though it took place overseas. Violators could face a fine as high as €15,000; but the CSA said it would leave it to Strauss-Kahn to pursue complaints. French journalists such as Olivier Ravanello, deputy managing editor at i-Télé, stated that the law was inapplicable to criminal proceedings in foreign countries, stating that "We can't cover the DSK story like a French story for the simple reason it is happening in the U.S. The images we saw are brutal indeed, but that's because of the nature of the U.S. judiciary." Not all French observers reacted negatively. Eva Joly, who as a Judiciary of France, magistrate brought corruption charges against Strauss-Kahn (of which he was later acquitted) and was herself expected to run for the French presidency on the Europe Écologie-The Greens (France), The Greens line, agreed that the images were "very violent" but noted that the American system "doesn't distinguish between the director of the I.M.F. and any other suspect. It's the idea of equal rights" and pointed out that while American prosecutors always have to convince a jury of the defendant's guilt, their French counterparts must only do so in the most serious cases. List of New York City mayors, New York City mayor Michael Bloomberg agreed it was humiliating, but defended the practice, stating: "If you don't want to do the perp walk, don't do the crime. I don't have a lot of sympathy for that." New York novelist Jay McInerney observed, "The mayor seems to have forgotten about the
presumption of innocence The presumption of innocence is a legal principle that every person Accused (law), accused of any crime is considered innocent until proven guilt (law), guilty. Under the presumption of innocence, the legal burden of proof is thus on the Prosecut ...
, but his statement probably reflects the attitude of his constituents pretty accurately. New York's a tough place. Deal with it." Seven weeks later, when doubts about the accuser's credibility made it unlikely the case would be tried, Bloomberg reversed position, stating: "I've always thought perp walks were outrageous ... [W]e vilify them for the benefit of theater, for the circus. You know they did it in Roman times, too." American-born British journalist Janet Daley remarked that the uproar in the French media over Strauss-Kahn's treatment missed the point about America's robustly open society: "The U.S. does not like secrets. Its political culture takes as a basic premise that nothing should take place out of the public view except the most critical life-or-death security matters ... And it certainly has no privacy law of the kind that has protected the great and powerful in France for generations." A paper by Israeli researcher Sandrine Boudana two years later analyzed responses to the Strauss-Kahn perp walk in French and American print media within the context of the countries' respective cultures. While the predominant theme was French media condemning the practice and American media defending it, commentators on both sides took the occasion to reflect inwardly. Some American writers said the French had a point, and French writers in turn noted the difficulty of enforcing the Guigou law in an era where technology cannot prevent the images it forbids from being viewed in France when published overseas. Others noted that the incident also showed the pitfalls of the French media's practice of not reporting on the private lives of politicians, noting that rape allegations had been raised earlier about Strauss-Kahn on a French talk show with no media followup.Boudana, 58–63.


Responses and defenses

John Tierney says that without the perp walk, reporters "would start buying old snapshots and home videos from disgruntled relatives and neighbors" and use them to depict the defendant, and those images might be more invasive and Prejudice (legal term), prejudicial. Some broader social benefits have been suggested, in particular transparency. The perp walk allows the police to demonstrate that they did not Police brutality (United States), physically abuse the defendant upon arrest or during the subsequent interrogation. New York City Major Michael Bloomberg stated that "Our judicial system works where the public can see the alleged perpetrators." Art Miller dismisses concerns that the perp walk prejudices the jury pool: "This is not ''Napoleonic code, Napoleonic'' justice where the judge is the fact finder, prosecutor and jury. Here the people will decide ultimately. And no matter who you are, if you have been arrested for something, it is understood you are going to be subject to all the scrutiny the press is going to give you." Israeli researcher Boudana admits that, on a purely informational level, the perp walk itself is harmless. "Indeed, from the moment when the press releases the names of suspects and the motive for their arrest, the persons are identifiable and their presumption of innocence seems to be already compromised," she observes. In a ''Slate (website), Slate'' on public shaming as punishment, Emily Bazelon wrote that Americans have become too accustomed to perp walks for them to have any stigmatizing effect. "[It's] become part of the wallpaper of the American criminal justice system," she wrote. Her description of the American perp walk as a "circus" notwithstanding, Lisa Taylor is opposed to remedies like France's Guigou Law which forbid such photos from being published. "People who have been treated unfairly should have civil remedies, but to be that prescriptive to put a blanket on coverage, this freedom of expression proponent is nervous about a prohibition of photographing and publishing anything." Al Tompkins of the Poynter Institute says the remedy for the perp walk's effect is to:


In other countries

In Canada, reporters are similarly allowed to witness defendants being brought to court in restraints, and photograph it. However, Toronto Metropolitan University journalism professor Lisa Taylor says that such activities, were they undertaken deliberately to shame or humiliate a defendant, could lead to "a legal claim for abuse of legal process". This, she explains, helps avoid "the deliberate or circus atmosphere that so often surrounds high-profile arrests in the States." Policies elsewhere in the world vary. In Britain and France defendants are brought to court in vans with blacked-out windows. In some other European countries the accused's name may not be published, or the media decline to, in order to make it easier for an offender to resume normal life after conviction. Edward Wasserman speculates that criticism of European criminal-justice systems in light of a perceived rise in crime stemming from immigration, and the availability of suppressed or unreported information online, may lead to a greater openness there. "The next U.S. export to join Starbucks and iPads in the Old World may yet be the perp walk." Similar practices, some involving exposure and potential incrimination of the defendant, exist outside Europe and North America. Police in some Latin American countries have those arrested confess to the crime before the cameras. In Law enforcement in Mexico, Mexico, the equivalent practice is called a ''presentacion'' (Spanish language, Spanish for "introduction"). Defendants suspected of involvement in the drug trade are posed for pictures surrounded by weapons, cash, and drugs, clothed in whatever they were wearing when arrested. ''Presentaciones'' have drawn criticisms similar to those directed at the perp walk. In some Asian countries an arrested suspect is also exposed to the media. Police in Law enforcement in Japan, Japan and Law enforcement in South Korea, South Korea often invite the media to re-enactments of crimes staged by the accused, a practice common in Law enforcement in Thailand, Thailand as well. In 2010, South Korean police had a man suspected of raping a child re-enact the crime at the scene, with not only the media but angry, jeering neighbors looking on. Prosecutors there also frequently parade white-collar suspects before the media, although even convicted felons can bring cases against them for an offense against honor. China, where images of chained suspects have often been broadcast to deter crime, ended in 2010 a long practice of forcing suspected Prostitution in China, prostitutes to walk in "shame parades" through the streets, after public outrage. In 2011, police and other security forces in Iraq began making similar displays of suspected Iraqi insurgency (Iraq War), insurgents and other criminals. Two defendants were taken to crime scenes to recount their role in a massacre to assembled media, while alleged members of a gang of robbers were posed behind tables stacked with the goods they had supposedly stolen. In one instance that officials later admitted they lost control of, suspected terrorists were led into an auditorium where the acting Ministry of Interior (Iraq), Minister of the Interior attempted to detail their crimes before not only the media but an audience of the family members of the victims. He was unable to finish as members of the latter group interrupted him with calls for the defendants' execution and shoeing attempts. These practices increased after Withdrawal of U.S. troops from Iraq (2007–2011), U.S. troops left Iraq. When the government announced an
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property. Canada Arrest warrants are issued by a jud ...
against former deputy prime minister Tariq al-Hashimi, who had fled to Iraqi Kurdistan, the Kurdish-controlled regions of the country, it broadcast the confessions of three of his bodyguards to support charges that he had ordered the assassinations of rivals. This, and the other public displays of accused criminals, was criticized by foreign observers and some Iraqi officials. "It is a crime to put this on television" said one of the latter. "It is a shame, and it is a legacy of Saddam Hussein, the former dictator." Security officials responded that they were trying to assure the Iraqi public that they were actively working to protect them and apprehend terrorists. "If we say we caught the leader of Al Qaeda, who will believe it?" said an Interior Ministry official. "This is to show credibility. We are sure we are doing the right thing." In the United Kingdom photographing or filming defendants on court premises is illegal under section 41 of the Criminal Justice Act 1925. and the Contempt of Court Act 1981. Former English Defence League, EDL leader Tommy Robinson was arrested for violating these statutes on May 10, 2017 when he tried to film suspected 'Muslim pedophiles' two days earlier. In Italy in 1983, Enzo Tortora was subjected to a perp walk "in the late morning, only after all the journalists had been duly warned and were able to film him with the handcuffs on his wrists, while he was taken to the Regina Coeli prison. The monster is served."Valter Vecellio, ''Giustizia: ventinove anni fa l'arresto di Enzo Tortora, una delle pagine più vergognose'', Notizie Radicali, 25 giugno 2012
Public indignation after the acquittal of Tortora, declared fully not guilty, led to the victory of the ''yes'' vote in the 1987_Italian_referendums#Judges'_civil_responsibility, referendum to strengthen the civil liability of judges in Italy. In El Salvador, during the 2022–23 Salvadoran gang crackdown, prisoners have been frog marched.


See also

*Crime in New York City *Media circus *Trial by media *Walk of shame *Luigi Mangione#Perp walk, Luigi Mangione's perp walk


Notes


References


External links

*
Constitutional Protections Against the Harm to Suspects in Custody Stemming from Perp Walks
{{DEFAULTSORT:Perp Walk Informal legal terminology Law enforcement in the United States Walking