Perp Walk - Purpose

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", says crime reporter Art Miller. "Police and prosecutors get to show off their trophy. lap 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, former United States Attorney for the Southern District of New York, 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 risk, since it bolsters their case if the defendant apparently had to be arrested.

Outside of its tactical benefit to law enforcement, "t 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." He argues its real social value lies in shaming:

For one brief moment, the perp loses the city's protective anonymity and feels, like Hester Prynne, the moral claustrophobia of a righteous community. Puritans can argue that this is good for the perp's soul, but let's not pretend we're doing it for his benefit. The perp walk is for everyone else. It honors the police, sells papers, boosts television ratings and entertains the public—all at the expense of a person who is supposed to have the presumption of innocence.

Writing for a panel of the Second Circuit Court of Appeals, federal judge Guido Calabresi found the perp walk serves the interests of both law enforcement and media. " both publicizes the police's crime-fighting efforts and provides the press with a dramatic illustration to accompany stories about the arrest". He nevertheless held 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:

also serve the more serious purpose of educating the public about law enforcement efforts. The image of the accused being led away to contend with the justice system powerfully communicates government efforts to thwart the criminal element, and it may deter others from attempting similar crimes.