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The Prejudicial Effect of Mug Shots

Jonathan Shapiro, a onetime newspaper reporter and a former federal prosecutor in Washington and Los Angeles, writes an impressive op-ed in today's Los Angeles Times explaining why mug shot photos incriminate the accused and should not be freely available.

In Attorney General Opinion No. 03-205 issued last week, Lockyer allows police, district attorneys and sheriffs to release mug shots of defendants at their discretion, giving clear license to a practice that the Los Angeles Police Department, the Los Angeles County district attorney's office, the federal Justice Department and almost all other law enforcement offices frown upon.

Mug shots are more than just embarrassing photos. They are potentially prejudicial pieces of evidence. ...Lockyer must know that the state bar prohibits attorneys from making statements or releasing information that might unduly color the opinions of potential jurors. Prosecutors are specifically bound to refrain from leaking information that could violate a defendant's constitutional right to a fair trial.

Go read the whole thing.

(update: link now working)

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