Posts tagged with: cameras

Blog author: jballor
posted by on Friday, August 20, 2010

Two of the things I’ve paid some attention to, one more recently and the other as an ongoing area of interest, came together in an Instapundit update yesterday.

Glenn Reynolds linked to a video of a NYC cop who “threatens a man taking cell phone video with arrest.” This picks up the attention given here and here to the question of law enforcement and ‘citizen photojournalism.’

But what really struck me about this story was the threat attributed to the (apparent) cop, who said, “Guys in jail are going to rape you.”

This is beyond the pale in myriad ways. Reynolds points out in an update that “when you have a badge and a gun you should behave better than the average schmuck, rather than having a license to be a jerk.” Public persons, like law enforcement officials, have a higher standard of conduct than private individuals.

But this story also gets at the necessity of prison reform, and the importance of Christian engagement of the criminal justice system.

The term dehumanization gets used often to describe what happens to a victim, particularly of a violent crime. But it’s all often what happens in the realities of the American system of criminal justice.

Simply because people commit crimes, heinous, violent, or otherwise, it does not mean that they cease to be human persons.

No matter what someone has done there are simply things that are not to be done to them, and certainly not within the context of a legally-sanctioned system of justice. This moral reality is what stands behind a good deal of the principled Christian opposition to torture, for instance. And it’s also what lies behind the proscription of “cruel and unusual punishments.” There are just some things that you don’t do to human beings in any situation or context, merely by virtue of their status as human beings.

The prevalence of prison rape in particular is something that criminals should not be subjected to. Evangelicals have been particularly active on this issue, including groups like the NAE and Justice Fellowship.

Holding criminals accountable is part of what it means to treat them as human beings, as moral agents. But the dignity of human persons, in their victimhood as well as their victimization, also means that there are limits to forms of punishment or to acceptable contexts for incarceration. It also means that imprisonment is not the final word, even in cases of life sentences. Inmates are still people, and therefore need to be treated as such, with all the challenges and potential that face all human persons.

This has important implications for what prison and imprisonment look like. For instance, in the latest issue of Corrections Today, one of the “top nine” reasons to increase correctional education programs is that “From a humanistic viewpoint, education is the right thing to do.” The brief article (PDF) cites a UN statement:

Education should be aimed at the full development of the whole person requiring prisoner access to formal and informal education, literacy programs, basic education, vocational training, creative, religious and cultural activities, physical
education and sport, social education, higher education and library facilities.

(Thanks to Dr. John Teevan, director of Grace College’s Prison Extension Program for pointing out that article).

My own view is that the broad realm of criminal justice, including various accounts of restorative justice and the relationship of Christians, both organically and institutionally, to the government system of punishment is especially ripe for fruitful engagement. And the issue of prison rape is a concrete instance of where Christian activism is of utmost importance.

Blog author: jballor
posted by on Friday, July 23, 2010

This week’s Acton Commentary from Rev. Gregory Jensen, “Finding the Balance: Privacy and the Civil Society,” is a thoughtful reflection on the place of privacy in our modern life.

I have recently made the claim that public persons, such as police officers and politicians, have a somewhat different claim to privacy than private persons.

This was especially in the context of controversy over the legality of videorecording police officers while on the job. Gizmodo follows up on a previous item (discussed here) with another one, linking to a Popular Mechanics article in which “Glenn Harlan Reynolds notes that mall cops may have a legal basis for asking you to put your camera away, public property (such as any sidewalk, street, or municipal area) is always fair game.”

The current situation is, apart from the special kinds of state-level legislation discussed in the previous post, that “Legally, it’s pretty much always okay to take photos in a public place as long as you’re not physically interfering with traffic or police operations.”

Blog author: jballor
posted by on Monday, June 28, 2010

Gizmodo has an intriguing post about attempts to regulate and even criminalize photography. As Wendy McIlroy reports, “In at least three states, it is now illegal to record any on-duty police officer.” She goes on to detail some of the exceptions and caveats, noting,

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

It is simply amazing the level of accountability and transparency that can now be achieved because of technological advancement. Certainly the Founders didn’t imagine that video recordings would ever exist, much less become important sources of evidence in legal cases.

Are there any compelling reasons that the burden of proof should be on the photographer rather than the law enforcement officer in these kinds of situations? McIlroy continues, observing “recordings that are flattering to the police – an officer kissing a baby or rescuing a dog – will almost certainly not result in prosecution even if they are done without all-party consent. The only people who seem prone to prosecution are those who embarrass or confront the police, or who somehow challenge the law. If true, then the prosecutions are a form of social control to discourage criticism of the police or simple dissent.”

Merely using a camera certainly doesn’t entitle you to do anything you want and expect protection under the First Amendment. But in clearly non-aggressive instances, where police are acting in public and there is the clear potential for recorded data to be used as exculpatory or convicting evidence, the public’s right to accountability and transparency should be respected. Again, writes McIlroy, “Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.”

It’s of course understandable why officers wouldn’t like being recorded, any more than the average person would like to be recorded when doing their jobs. But the job of a law enforcement official isn’t the same as that of an accountant, an editor, or a janitor. It’s a public service position, and one that acts officially and with government sanction in public.

Maybe in our technological age law enforcement officials should increasingly expect to be recorded. Or at least always act as if what they are doing is subject to public scrutiny.

Blog author: jballor
posted by on Monday, August 24, 2009

We’ve done a lot of thinking here at the PowerBlog on the future of journalism in a digital age. A recent piece in Forbes by Leo Gomez brings into focus (ahem) the question of digital innovation and it’s influence on photojournalism.

In his August 24 “Digital Tools” column, Gomez writes that “cameras are becoming what computers already are: cheap, ubiquitous, powerful and utterly transformational. There are now a billion digital cameras, counting the ones in mobile phones. They are chronicling everything about life on Earth, from birthday parties in Topeka to street protests in Tehran. Many more are on the way.”

With this explosion of video and still pictures, what role will professional photojournalism play? Both written and photojournalism faces the current challenge of a deluge of community and consumer-generated information (word blogs, video blogs, photo-sharing sites, et al.). As the technological developments have tracked with computers, so will the editorial and production side of photojournalism track with the developments in wordsmithing.

And as with the larger world of professional journalism, there will be a corresponding increase in the need for gatekeepers and editorial review to screen through the mass to find and polish the gems. And with regard to the influence of culture, given the increasingly non-verbal (i.e. illiterate) nature of today’s digital consumer, photojournalism might just be a fulcrum of cultural and social formation in the Internet age.

The same issue of Forbes includes a collection of seven profiles of the leaders in Internet video innovation. What’s true for photojournalism is also true for other forms of visual communication, including theatrical and documentary film productions. And so we need Story in the visual as well as the written arts.