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By Stan Ketterer, assistant professor
Copy editors must be very careful when editing stories about crime and the court system. As numerous
journalists and scholars have pointed out, it is the small, seemingly innocuous crime briefs that usually
get a newspaper into trouble. As a rule, editors and reporters take great care with a major story to
guard against libel, i.e. damage to a person's reputation because of the publication of false
information. Often, the newspaper's attorney will read the story. But short crime stories normally do not
get such close scrutiny. Consequently, the copy desk is usually the last line of defense.
Accuracy and clarity are always the copy editor's primary concerns. The paper's credibility must be
upheld, and a copy editor has an obligation to those involved to ensure accuracy. Libel suits can cost
newspapers millions of dollars. Even if the newspaper wins the suit, the attorneys' fees can cost
millions. The copy editor might be called to testify as well. The best way to avoid libel suits is to
prevent them. Question anything in a crime or court story that seems inaccurate or unreasonable. It is
much better to have the question answered before the story is published than have to explain why it was
published afterward.
Let's assume that a crime occurs. In this case, two male students who do not know each other get
into an argument outside a bar and one student hits the other over the head with a tire iron, resulting
in a serious injury. Sensing that the other student has been hurt badly, the student with the tire iron
gets into his car and drives away. The police come and take the injured student to the hospital. They
can't find the student with the tire iron.
A reporter arrives after the incident has occurred, talks to police and writes a story that comes to
you to edit. Now, let's look at some key concerns:
Should the injured person be named in the story? No. Why? In this situation
one person has been hurt, the two people do not know each other, and the attacker
has not been captured. Consequently, the attacker does not know where the injured
person lives. If the paper publishes the injured person's name, the attacker might
be able to look up the person's name in the telephone book and try to silence him.
In the case of Sandra K. Hyde vs. the City of Columbia, the U.S. Supreme
Court decided not to hear the appeal of the Columbia Daily Tribune, which
effectively means that the lower court ruling stands. The Missouri Supreme Court
ruled that the Tribune could be found negligent if it "knows or should be
able to foresee" that the attacker could harm the injured person as a result of the
published material, which included her name and address. Although the 9th U.S. Court of Appeals ruling is not binding in Oklahoma, it is like influential. Thus, Oklahoma courts would likely follow it.
If the people involved would have known each other, we would have used the injured person's name,
unless the student was a juvenile, i.e. less than 18 years old. Do not use the name of a juvenile unless
you get permission from the managing editor. Generally, the newspaper does not want to stigmatize a
juvenile for some petty crime committed at a young age. However, if the crime is serious enough that the
editors think the name should be public information, that rule can be waived. In Oklahoma, youths as young as 13 can be charged as an adult for certain felonies, i.e. serious crimes such as murder.
Most newspapers would not print the names of people who have been raped or molested.. The newspapers do not want the person to suffer further
because of the publication of the name. Only under exceptional circumstances will this restriction be
waived. In most cases, permission of the managing editor is required before names are published.
Do you include the specific address of a crime scene? It depends. If the crime occurred in
a public place, include the exact address. If the crime occurred at a private residence, include only the
100 block. For instance, if the fight described earlier had taken place at a private party at someone's
home at 356 Melody Lane, refer to it as the 300 block of Melody Lane. The 100 block should be included so
that the public knows the general area in which the incident took place. But the people who owned the
home should not be subjected to curiosity seekers.
If the crime involves a rape or is sexual in nature, such as molestation, do not include the address
if doing so will identify a specific person. When the suspect is related to or lives with the person who
was involved, the choice is complicated. But the same general principle applies: do not give the location
if it will directly or indirectly identify the person who was harmed.
What do we call the injured person? Do not use the word "victim." Victim implies that the
person was injured through no fault of his or her own, and that is often untrue. Generally, it is difficult to
discern a clear "victim" because all of the people involved contributed to the incident. Do not prejudge
what happened by using the word "victim," which is police jargon. Instead, use the "man," "woman,"
"student" or some similar term as applicable. Sometimes it is difficult to describe what happened without
using "victim." In most cases, however, you can reword the story to eliminate its use.
Do police have a suspect? A suspect is a specific person who police believe might have
committed a crime. It takes sufficient evidence in order for police to formally consider a
person as a suspect. It is not a generic term for someone involved in a crime. If police have such
evidence, then the reporter can call the person a suspect in the story. If not, the person should be
referred to as a "man," "woman" or some other term.
How should we describe the person that police are seeking? Generally, do not include a
description unless the person is identifiable from that description. The description
should contain at least four characteristics of the person along with the type of clothing that
the person was wearing. The main benefit of the description for police is that witnesses might have seen
the person and will contact them. Secondarily, the public will be warned to look out for a person meeting
that description. Consequently, it is very important that the description be sufficiently detailed or it
could describe anybody and nobody at the same time. To avoid stereotyping, do not include race unless accompanied by at least four other
characteristics. An acceptable example would be a white man in his mid-40s, about 6 feet tall and
weighing 180 pounds, thin build, wearing glasses and dressed in a blue suit with a red tie. If the
person is not identifiable from the description, leave race out!
Can we use the quotes of witnesses saying someone committed a crime? Generally, quote
police any time that the information involves specific charges or the guilt of a person. A journalist has
a qualified privilege to quote public officials such as police officers acting in their official
capacity. Even if the information is false, the journalist will normally be protected against libel if
the information came from an official source and is attributed. A good rule of thumb is to
have one attribution per paragraph when police are describing what happened. Make sure that the reader
knows that the information came from police, not the reporter.
A journalist has no such protection when quoting witnesses to a crime. If the information turns out
to be false and the newspaper publishes it, it can be considered a "republication of the libel."
Associate Professor Sandra Davidson advises that at least two sources should say essentially the same
thing before the quote is used when it could be libelous, i.e. false information that damages the
person's reputation. Obviously, the more people that give a consistent story, the stronger ground you
stand on. Consequently, be very careful when editing quotes in crime stories, especially with assertions
of past criminal activity. Call the reporter and ensure that the information about past criminal activity
has been verified.
In addition, be careful about information that is added to a story. Qualified privilege
only applies to material quoted from officials sources such as police officers. If the journalist adds
material from previous stories, that material is not protected if it is false. Ensure that the added
information seems reasonable and is accurate.
Police make an arrest
Police find the suspect and arrest him. That means that police believe that they have sufficient
evidence that the person committed the crime. The person is taken down to the jail and booked, i.e. the
charges against him are written in a book. The person is then held in the jail until a bail hearing, which usually occurs within a day, or the person will be released on his own recognizance, i.e. promise to appear later in court. These are some other concerns:
How do we refer to the arrest? When a person is arrested, the person is arrested "in
connection with" or "on suspicion of" some crime. If the reporter includes a description of the crime,
i.e. "a fight in which another student was seriously injured" use "in connection with": A 21-year-old
OSU student was arrested Tuesday in connection with a fight in which another student was seriously
injured, police said.
If the reporter mentions a specific charge, i.e. assault, use "on suspicion of": A 21-year-old OSU
student was arrested Tuesday on suspicion of assault, police said. You can also combine the two: A
21-year-old OSU student was arrested Tuesday on suspicion of assault in connection with a fight in which
another student was seriously injured, police said.
Never use "arrested for" because it implies guilt. Let the courts decide guilt.
Do not use "charged with" unless the prosecuting attorney has formally charged the person. The district attorney will review the evidence between the time of the arrest and the
arraignment. If the district attorney determines that sufficient evidence exists, the district attorneywill file
formal charges. If not, no formal charges will be filed. Consequently, it is very important that copy
editors determine whether formal charges have been filed. When in doubt, ask the reporter.
Some newspapers and wire services will not report an arrest until formal charges have been filed.
Their editors contend it is better to be "late" on a story than to report accusations prematurely that
could hurt a person's reputation. The incident involving the guard Richard Jewell at the Olympics who was
suspected of setting off the explosion is a classic example of what such papers want to avoid. The guard
was never charged, yet his reputation and his life were affected.
Should the story contain the name and address of the person arrested? In most cases, yes,
if the person is an adult. Whenever possible, give the person's full name, age and complete address. Such
information should pinpoint a specific person. The danger with incomplete information is that several
people in your circulation area could have the same name. If the information is incomplete, readers could
conclude that the wrong person is accused of the crime, causing that person unnecessary embarrassment.
Avoid this unfortunate situation by insisting on complete information.
Do not include the names of juveniles unless you get permission from the managing editor. Consult
with the news editor concerning stories that include sex charges when the suspect lives at the same
address as the person involved.
What if the charge is murder? Murder is a formal charge and should not be used generically
in stories when someone is killed. Use murder only when referring to charges. In all other cases, use
such terms as "killed," "slain," "shot to death," etc. Again, you want to avoid prejudging the suspect.
Do not use the phrase "accused killer." It implies guilt.
What is an arraignment or first appearance? What is bail and bond? As indicated earlier,
police arrest a suspect on suspicion of certain charges. They take the person to the police station or
county jail and book the person on suspicion of those charges. Police can hold a suspect for only a limted time without formal charges, except when the arrest is a violation of the person's probation or parole, or if
the person is wanted elsewhere on other charges. If the charges in the incident are not serious and if
police believe that the person will not flee, the person can be released on his or her own
recognizance.
If held in jail, normally the person is arraigned the next day and formal charges are
specified. The suspect will be asked to plead to the charges, normally either "guilty" or "not guilty."
If a guilty plea is entered and the charges are minor, the person can be sentenced at that time. If the
charges are serious and a guilty plea is entered, a presentencing hearing is usually conducted before a
sentence is determined.
Associated Press style is to use the word "innocent" instead of the formal pleas of "not guilty." AP wants to ensure that the
"not" is not dropped during transmission. P>
If the person cannot afford an attorney, one will be provided. Normally, the state provides a public
defender, an attorney employed by the state.
After the plea, the judge must then determine whether the person should remain in jail or be freed
after posting a bond. The judge actually sets bail, the full amount to be paid if the suspect does not
appear in court at the prescribed time. The suspect "posts" a bond, normally 10 percent of the bail.
Usually, friends or relatives of the person go to a bail-bond company, a firm that puts up the bond for a
fee. A nonreturnable fee equivalent to 10 percent of the bail is normally charged. The company posts a
bond with the court. The bond is a document in which the company promises to pay the full amount of the
bail if the person does not show up in court at the specified time. The person can also put up the full
amount of the bail or collateral, such as a deed to property.
The amount of bail or bond is an indication of how serious the judge considers the crime or how serious
a flight risk the judge considers the suspect.
There are several way to describe this procedure. You can say that the person is free on "$xxx
bail." You can say the person "posted a bond of "$xxx," which will be the same amount as the bail. You
can also say he person "posted bail of $xxx."
If the person cannot "make" bail, the person is held in jail "in lieu of" $XXX bail. "In lieu of"
essentially means because the person has not paid the money to be allowed out on bail. A suspect is never
held on bond. If the bond would have been posted, the person would be free. A date for a preliminary hearing also is set.
Between the initial arraignment, or first appearance, and the preliminary hearing, the prosecution and the defense
build their cases. At the preliminary hearing the prosecution must present enough evidence to convince
the judge that there is "probable cause" to try the defendant. The prosecution can call witnesses, but
the prosecutor is not required to present all of the evidence, just enough to persuade the judge. The
defense, on the other, does not have to call any witnesses. The prosecution has the "burden of proof."
However, the defense can call witnesses. If the judge rules that there is sufficient evidence, the
defendant is "bound over" for trial. Some of the charges often will be dropped. The judge also will set a
date for the second arraignment.
If the prosecution has a strong case, the defense often will waive its right to a preliminary
hearing. By doing so, however, the defense gives up a chance to learn more about the prosecution's case
and to question witnesses.
The second arraignment is very similar to the first one. The defendant must enter a plea to the
charges. If the defendant pleads guilty, a presentencing investigation is usually conducted. If a
defendant pleads not guilty, the judge sets a trial date. Other pleas include not guilty by reason of
insanity and no contest. No contest means that the defendant does not admit guilt. By entering this plea,
however, defendants acknowledge that they have little chance of being found not guilty. Despite their
claim, the penalties are the same if they plead guilty or no contest.
What is a plea bargain? Most cases do not go to trial. If they did, the court system would
be more clogged that it already is. In Tulsa, for example, it is estimated that only 1 percent of cases actually go to trial. Instead, the prosecution and the defense enter into a plea bargain. A
plea bargain entails an agreement for the defendant to plead guilty to certain charges in exchange for
some reduced penalty. Normally, either the charges are reduced or the prosecutor recommends a lighter
sentence.
A plea bargain has both advantages and disadvantages for both sides. The advantage for the
prosecution is that it saves the costs of a trial and avoids the uncertainty of its outcome. A conviction
is guaranteed. But the prosecution reduces the charges, which often upsets the family of those who have
been hurt or killed by the accused. In some cases, the prosecution will get permission from the family
members before agreeing to the plea bargain. Sometimes families prefer the plea bargain because they know
that the defendant will be punished.
The chief advantage for the defendant is the reduced charge or sentence. It can mean the difference
between life in prison without parole and the death penalty. The disadvantage is that some form of
punishment is assured. |
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