Published photos and victimization

I was a criminal defense attorney for 30 years. It’s not hyperbole to say that somewhere around 70% of my clients suffered from addiction, mental illness or both. I witnessed how addiction and mental illness, both disorders of the brain, brought families to their knees, financially, emotionally and psychologically. They are in a chronic state of worrying that their afflicted loved one, oftentimes living on the streets, will either overdose or end up in jail. Because these families understandably do not want to lose their reputation of being a “happy, normal family” or gain a reputation of being a “tattered and dysfunctional family,” they do their best to keep their chronic angst to themselves.

Then it happens. They wake up to see their child’s mugshot in the paper. He’s been arrested. The headline screams, “Armed Robbery at Gas Station.” The mugshot is like a gut-punch. A sledgehammer to their aching hearts. As it turns out, no gun was used, but their son did threaten the use of a gun. Now, the family secret is a secret no more. Everyone would know. Neighbors, friends and fellow church members. Shame, fear and hopelessness deepen. The mugshot, before any trial can be held and before his or his family’s terrible plight is known, has labeled their son a “criminal” and has cast the family as “deeply troubled.”

No matter the outcome of the trial, if there is one, stones have been cast. Nobody is going to do a follow-up story if the son is exonerated at trial. There will be no “feel good” piece if the son recovers from his addiction and mental illness with the undying love and care of his family. All any of us are left with is that mugshot of their son when he was trapped in the throes of addiction and/or an uncontrollable and acute mental health episode. All the family is left with, no matter the outcome of this dark saga, is public shame. We are all aware how public-shaming can lead to irreversible self-harm by those who are targeted, especially those who are already plagued by psychological and emotional instability.

I am not arguing that mugshots should never be published. Sometimes, public safety demands it. I’m simply saying that the indiscrete use of mugshots deserves debate. Aren’t we potentially allowing the victimization of two people when a mugshot is published, namely, the victim of the alleged criminal act as well as the alleged perpetrator?

Mike Fanella

Arlington Heights