Spectre
The Deported
- Joined
- Feb 1, 2007
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I wasn't only referring to the day of the arrest. But maybe our different perception here is a result of the fact, that not everywhere in the world such processes are made publically, with cameras in court and stuff.
I don't see any public interest in presenting a celebrity in 2-day-old clothes and unshaven to a judge and air the whole thing live on TV other than to humiliate him.
Such things here have always been a matter of public record, specifically because of historical (and documented, see how English courts treated American colonists who dared to disagree with British policy) misconduct on the part of European courts which (at the time) often operated behind closed doors and beyond the reproach of anyone but the sovereign of the moment. And sometimes even beyond that.
So US courts are, unless ordered otherwise, specifically open to any and all observers. Unfortunately, this means the press, which in recent decades have become more and more jackal-like, can cry First Amendment and televise most anything in a courtroom that strikes their fancy.
However, if I recall my New York booking and arraignment procedures, the attorney for the accused may attempt to arrange (through various legal mechanisms) to have fresh clothes given to the accused at least, and sometimes can arrange for basic grooming to be performed (the latter varies). This is sometimes done, but most often isn't and is often denied on grounds of equal treatment. The public interest in the accused appearing so is to prove to the public that the accused is being presented exactly as they were found and that they have not been abused by the authorities - see the doctrine of habeus corpus.
Whether or not the press blasting images from such a hearing all over the world is really in the public interest or is just sensationalism is both a problem with the media and another topic entirely. It is not, however, the judiciary's responsibility or the judiciary causing any embarrassment.
In any case, chances are the average Joe would not be allowed to 'freshen up' before their arraignment, therefore neither should a celebrity or a politician. Equal treatment for all should mean just that, not that 'some animals are more equal than others.'