For my research project, I will be addressing the question “How has the increased access of digital media tools affected the criminal justice system?” This involves digging into the new rising issue of citizens recording other citizen’s arrests, and following up with any consequences that follow all parties involved. The rise of digital media has made it possible to record any person’s every given move. Given that the basis of our society’s law and justice procedures were written before cell phones even existed there seems to be a hard adjustment to integrating what is and is not legal while also finding a balance as to what is and is not ethical in these recording processes.
The current justice system has enough criticism from society as it is, and with police officers every move being caught on camera just opens up more opportunity for attack. Ultimately the justice system serves to provide us with a society that is as safe and fair as possible, and if the police officials use media outlets to their advantage, then a perfect balance of fear and respect can be gained throughout society. However rare cases of police officers behaving, in not-so-respectable ways have encouraged others to record arrests for as much proof as possible. In cases such as sexual assault by officers, being unnecessarily rough or situations in which it would be the citizens word against the officers word, having video evidence can be in favor of the citizen who is under arrest, which is what could inspire video recording.
The website http://www.photographyisnotacrime.com is a great example on how citizens are utilizing participatory media in order to affect civic issues. It is a website documenting what is believed to be the unfair treatment of those arrested for video recording another persons arrest, and any follow up details. This website raises money to bring awareness to the issue, and opens the opportunity for those who feel that they have been treated unfairly to share their negative experience with recording a police officer.
Loopholes in the justice system, lapse of judgment, and irritating minor offenses such as parking tickets can bring on much frustration in regards to the face of our criminal justice system, our police force. What a lot of the annoyed citizens do not realize is that more often than not police officers do positive things that saves lives. They risk their own lives to protect ours, and it ultimately create the best possible living conditions for Americans as a whole.
With all this being said hopefully I will be able to find any patterns that accompany the thought process behind recording arrests as well as the processes leading up to any legal consequences that follow. I will do this through reading court documents on trials, watching videos posted and will examine a variety of cases to the best of my ability to follow any patterns in how the court system has handled the situations to come to any conclusion on how the criminal justice system has been affected/how they are handling the rise in access to social media tools.
Reynolds, Glenn H., and John A. Steakley. “A Due Process Right to Record the Police.” The University of Tennessee Knoxvill, College of Law Legal Research Paper Series (2012): n. pag. Web. <http://ssrn.com/abstract=2043907>.
This source is a research paper that examines our Constitutional rights to record the police. Also briefly covers the various laws that came about from particular court cases on the matter.
Dina Mishra, “Undermining Excessive Privacy for Police: Citizen Tape Recording to Check Police Officers’ Power”
The Yale Law Journal , Vol. 117, No. 7 (May, 2008), pp. 1549-1558
Published by: The Yale Law Journal Company, Inc.
Article Stable URL: http://www.jstor.org/stable/20454687
Explains reasons why the recording of the police is necessary/important, and explores our rights to do so through various court cases.
Potere, Michael, Who Will Watch the Watchers?: Citizens Recording Police Conduct (May 3, 2012). Northwestern University Law Review, Vol. 106, 2012. Available at SSRN: http://ssrn.com/abstract=1837718
An in-depth analysis on the evolution of the rising issue of recording police officers and examines various cases.
Steven Chermak, Alexander Weiss
Maintaining legitimacy using external communication strategies: An analysis of police-media relations
Journal of Criminal Justice, Volume 33, Issue 5, September–October 2005, Pages 501–512
An analysis on the importance for the police force to keep positive relationships with media outlets such as newspapers and television, accompanied by statistics on how the media affects our judicial system.
Jefferis, Eric S., Robert J. Kaminski, Stephen Holmes, and Dena E. Hanley. “The Effect of a Videotaped Arrest on Public Perceptions of Police Use of Force.” Journal of Criminal Justice 25.5 (1997): 381-95. Web.
Published over 10 years ago, gives incite on how the fascination with recording police activity came to be, along with how cases were handled back then.
Dowler, Kenneth, and Valerie Zawilski. “Public Perceptions of Police Misconduct and Discrimination: Examining the Impact of Media Consuption.” Journal of Criminal Justice 35 (2007): 193-203. Web.
Explores the favorable and unfavorable viewpoints various media outlets portray the criminal justice system.