How does media report homicide

[cpec2008]

What is the name of your state (only U.S. law)? Maryland

My parent was murdered in District of Columbia back in 1998. Back then a local news paper had an article about the murder and posted is as "Mr/Mrs. So and So of XXX block of XXX street was shot to death". I know I should have done something about this a decade ago, but now I am ready to address this issue if I can. Once I find this article from some archive, can this still be a case???

Anyone, including murderer or someone related to the murderer, with enough intelligence can track me down if they can a hold of this article via some micro-film at some local library.

I heard opinions that court proceedings are public record for anyone to access, but in this case doesn't this constitute violation of victim's right/privacy?

Anyone have legal opinion?

[CourtClerk]

If no one has come after you in 10 years, no one will. Sorry, no lottery win here.

Besides, what they did is completely legal.

[quincy]

Unfortunately, I do not see that you have an invasion of privacy action that could be successful, if you are looking to bring one against the media that reported on the murder.

The general location of a murder (and often the exact address), and the name of the individual murdered, is legally allowed to be reported. This information is considered newsworthy and, therefore, the reporter of such information is protected from a successful lawsuit when publishing this information.

For a newspaper (or the media) to be held liable in an invasion of privacy suit, the media must have obtained the information by physically intruding into a private area to get a story (or picture) - an act which is closely related to trespass - or the media must have published a story (or photograph) that is false but not defamatory, or the media must have disclosed something about an individual's private affairs that is true but offensive (a crime story is not considered private - especially a murder), or the media must have used an individual's name (or photo) in a commercial manner.

In addition, the statute of limitations for bringing an invasion of privacy action has long since passed.

If you have concerns about your safety, and the person who murdered your parent has not been found, you could potentially have your name and address striken from the public records of the incident, and the media reports of the event could potentially have identifying information deleted (although this is not a simple process, and there must be good evidence supporting the need for the deletion - usually by court order - for this to occur).

I would consult with an attorney in your area, to discuss your concerns and to go over the reasonable possibilities in your case of having identifying information removed from decades-old material. The attorney can let you know what processes are involved, and what the associated costs involved can be (and they can be substantial). Because of the age of the material, I believe your chances of having material deleted is slim, unless you were a young child at the time of the murder when the reports were published.

[cpec2008]

Originally Posted by CourtClerk

If no one has come after you in 10 years, no one will. Sorry, no lottery win here.

Besides, what they did is completely legal.

Look, my parent was SHOT to death. Bullets had pierced my parent's brain and lung!!! 10 years having passed doesn't changed the fact. I underand it is human nature to slight other people's affairs even if it's something as serious as homicide. I'm certainly not after a lottery win. I am hoping to protect victim's right to full extent of the law and common sense if possible under screwed up criminal justice system in US.

It would have been more helpful if you provided more detail as to what you made you think the paper's conduct was COMPLETELY LEGAL.

[quincy]

The First Amendment is what allows a newspaper to publish stories such as the one appearing about your parent's murder.

I don't think CourtClerk meant any disrespect.

[CdwJava]

Originally Posted by cpec2008

Look, my parent was SHOT to death. Bullets had pierced my parent's brain and lung!!! 10 years having passed doesn't changed the fact. I underand it is human nature to slight other people's affairs even if it's something as serious as homicide. I'm certainly not after a lottery win. I am hoping to protect victim's right to full extent of the law and common sense if possible under screwed up criminal justice system in US.

Are you in fear for your life from the suspect? If so, what has occurred to give rise to this belief? Do you know who the suspect is?

Before you could even come close to getting a court to order that your name and address be stricken from any public record, you would have to provide some articulable facts that give rise to a reasonable belief your life is in danger. A ten year old homicide, tragic as it may have been, is not going to cut it. Not to mention the fact that this is all old news and that cat is way out of the bag. It is highly questionable whether a court could even order a media outlet to seal or purge their records of the story, though they might be able to order a court record sealed ... though, even that is unlikely.

It would have been more helpful if you provided more detail as to what you made you think the paper's conduct was COMPLETELY LEGAL.

What makes you think it is unlawful?

The media can report on such things. The First Amendment is very powerful as it applies to the media and as Quincy pointed out, such things as homicides are newsworthy. Be thankful they only printed the hundred block and not the actual address (at least that is how it appears from your writing).

In any event, the issue was over and done with years ago. You cannot put that horse back in the barn absent some very compelling new circumstances. Do you have any?

- Carl

[cpec2008]

Originally Posted by CdwJava

What makes you think it is unlawful?

The media can report on such things. The First Amendment is very powerful as it applies to the media and as Quincy pointed out, such things as homicides are newsworthy. Be thankful they only printed the hundred block and not the actual address (at least that is how it appears from your writing).

In any event, the issue was over and done with years ago. You cannot put that horse back in the barn absent some very compelling new circumstances. Do you have any?

- Carl

I can see none of you have been a victim of homicide, and I pray that you'll never be, and human being killing another human being will stop in future.

OK! 1st Amendment of freedom of speech it shall be. If reporting homicide victim's address block is protected under 1st Amendment Rights, then nothing can be done about it. Plain simple as that unless you can change the U.S. Constitution.

Being a victim, my common sense is that they should have only said Joe Doe of XXX County, in State of XX was murdered at the most. Even for that, it would have been respectful to have asked for victim's surviving family's permission to publish such info.

Compelling new circumstance??? Public defender service has been ardently working on the murderer's release, and they are refusing to tell me if they ever succeeded. Even the DC court is silent. I trust that they will tell me via Victim Notification if the murderer gets release before the end of his times????

I cannot not say that you cannot say that this issue is over and done with. If you mother or father were took bullets in the head 10 years ago, and you found out public defender service was working on the murderer's release wouldn't you be concerned????

I will add that the system is not perfect, and it's enormously STUPID that the Constitutional Amendment allows media to publish victim's name and address. Why the h ell dont' they publish the murderer's name and address under 1st Amendment????? Do you know why?

If not, end of the issue!!!

(Human behaviors are unpredictable. If the murderer or someone related to him track me down using the info from the paper article which they can get from a local library, it can result in more bloodshed, and wasted tax payer's money, and you are one of the tax payers. I think, we need more COMMON SENSE in our legal system!)

[Antigone*of*Greece]

Originally Posted by cpec2008

I can see none of you have been a victim of homicide, and I pray that you'll never be, and human being killing another human being will stop in future.

OK! 1st Amendment of freedom of speech it shall be. If reporting homicide victim's address block is protected under 1st Amendment Rights, then nothing can be done about it. Plain simple as that unless you can change the U.S. Constitution.

Being a victim, my common sense is that they should have only said Joe Doe of XXX County, in State of XX was murdered at the most. Even for that, it would have been respectful to have asked for victim's surviving family's permission to publish such info.

Compelling new circumstance??? Public defender service has been ardently working on the murderer's release, and they are refusing to tell me if they ever succeeded. Even the DC court is silent. I trust that they will tell me via Victim Notification if the murderer gets release before the end of his times????

I cannot not say that you cannot say that this issue is over and done with. If you mother or father were took bullets in the head 10 years ago, and you found out public defender service was working on the murderer's release wouldn't you be concerned????

I will add that the system is not perfect, and it's enormously STUPID that the Constitutional Amendment allows media to publish victim's name and address. Why the h ell dont' they publish the murderer's name and address under 1st Amendment????? Do you know why?

If not, end of the issue!!!

(Human behaviors are unpredictable. If the murderer or someone related to him track me down using the info from the paper article which they can get from a local library, it can result in more bloodshed, and wasted tax payer's money, and you are one of the tax payers. I think, we need more COMMON SENSE in our legal system!)

You don't need a legal forum. You have pain that needs to be dealt with in a different manner. It is something we obviously cannot and will not offer you here.

And before you get on your soap box about not knowing what it is like to be a victim of a violent crime take a step back. You don't know who we are. You don't know that recently one of the posters here suffered a huge and terrible tragedy when four of his own were murdered in cold blood. You don't know that another poster here lost their step son to a gun shot in the head. So, before you go spewing about what we don't know ~ it is you who does not know.

[CdwJava]

Originally Posted by cpec2008

I can see none of you have been a victim of homicide, and I pray that you'll never be, and human being killing another human being will stop in future.

Okay ... it has nothing to do with how you FEEL, but what the LAW says. And do not expect the law to change soon because it's enshrined in the Constitution.

OK! 1st Amendment of freedom of speech it shall be. If reporting homicide victim's address block is protected under 1st Amendment Rights, then nothing can be done about it. Plain simple as that unless you can change the U.S. Constitution.

Correct. And, absent some statutory - and lawful - authority to withhold that information, the government (i.e. the cops) have to release that information upon request.

Being a victim, my common sense is that they should have only said Joe Doe of XXX County, in State of XX was murdered at the most. Even for that, it would have been respectful to have asked for victim's surviving family.

There are a host of reasons why that may not be a good idea, not the least of which is that by doing that law enforcement removes the chance that potential witnesses might come forward. Very often you get your best leads from news stories on a killing. Saying that John Smith of Santa Clara County, California was killed does nothing to help solve the crime, does not alert residents to the nature of the offense and whether they should be concerned, and would also be insufficient under most every request for information by any public party.

Compelling new circumstance??? Public defender service has been ardently working on the murderer's release, and they are refusing to tell me if they ever succeeded. Even the DC court is silent. I trust that they will tell me via Victim Notification if the murderer gets release before the end of his times????

Is this IN Washington. D.C.? In any event, some states have assorted victims' rights laws that allow survivors access to parole information like that. You might want to check with your state, or District's, victim's advocacy or assistance program.

And what does it matter whether a ten year old article printed the location of the killing ... don't you think the killer remembers where he did the deed? Why would he need a newspaper or a court record to tell him something he knows?

If you mother or father were took bullets in the head 10 years ago, and you found out public defender service was working on the murderer's release wouldn't you be concerned????

Yep. And I would hit the media, every parole hearing, and be on top of the prosecutor's office that tried the case to see what could be done to prevent or delay such a release.

I will add that the system is not perfect, and it's enormously STUPID that the Constitutional Amendment allows media to publish victim's name and address. Why the h ell dont' they publish the murderer's name and address under 1st Amendment????? Do you know why?

Actually, they can.

If you want to go in hiding, then you will need to get your phone unlisted, remove yourself from the voting rolls, do not own a house or property, have utilities in someone else's name, etc. But I strongly suspect he knows who he killed and could look up information on family without ever looking at a court record or decade old news article.

I have actually BEEN hunted ... I know what that's like. Ever been on a "hit list" by local gang members and drug dealers? I have. But, I am still in the open. Most every turn in my town knows where I live or could find out with little difficulty ... my name and address is on property title, on my voter registration, and known to most everyone - my name is even on my mailbox! The only thing I keep unlisted is my phone number, and that's to avoid solicitors and annoying phone calls, not to hide.

You are in FEAR of being hunted, but it doesn't sound like your fear is based on anything tangible. I would suggest that you consider some kind of counseling to help you cope with what may be the impending release of the killer. Maybe you don't need it and maybe all this is just venting on your part, and that's understandable. But, if you are so panicked and frustrated, afraid he or his cohorts might come after you, then you need to either take some proactive steps to forestall the release, to protect yourself, and probably get some counseling to help you cope and move on.

Good luck.

- Carl

[quincy]

Unlike doctors and lawyers, who have a mandatory code of ethics, journalists have no such mandated code. Because mandatory ethical codes are regulated through licensing boards and are enforced as a means to control behavior, a similar code imposed on journalists would allow for censorship, and limit the freedom the press has to gather and report on the news.

But, despite this lack of a mandatory ethical code for journalists, most newspapers (and media organizations) have their own ethical standards and codes that they follow. And certainly reporters and editors wrestle with ethical questions on a daily basis, including questions on whether to report the names and addresses of crime victims and their families.

For instance, although legally allowed to publish this information, it is a commonly held practice among media organizations to withhold the names of sexual-assault victims, although often the alleged perpetrator will be named. Faces of accident victims are not generally shown, although mug shots of those arrested in connection with the accident may be. Addresses are rarely printed in obituaries when times of service are published to prevent robberies, although the names and ages and addresses of those arrested for robbery will often be published. The addresses of victims who are identified as elderly and/or living alone are not often published, while those individuals or organizations that prey on the elderly will be identified. The names of minors who are both victims of and perpetrators of crimes are often withheld, depending on the crime and the circumstances.

These are all ethical decisions made by media organizations but not mandated by an ethical code or the law.

Ten years ago, the coverage of your parent's murder by the media may have led to the capture of the murderer, and could have prevented the death and injury of others in the area (by making them aware of and alert to the murderer and, therefore, more cautious in their activities until his capture).

Carl mentioned above that the media may actually be helpful to you in the situation you find yourself in now. Public outcry over the potential release of a murderer, publicized by the media outlets in your area or in the area where he is incarcerated, may help keep the murderer of your parent behind bars for the full term of his sentence. It is something to consider, at any rate.

And I agree with the others that a victim's rights group may be able to assist you with handling the understandable fear and anger you are feeling (and expressing here).

[cpec2008]

Originally Posted by Wirelessany1

~ it is you who does not know.

Ok, not that I wish to win a discussion, but to clarify in case you have taken offense as I initially did. You are partially correct. Now that you said it, I understand that there may be other victims of crimes on the board. Initially, it sounded like they don't know based on their choice of words. Thank you for shedding the info to clarify.

To a poster below you, let me clarify, the homicide happend at a place of my parent's business whereas the damn newspaper published my address block with my parent's name Yes, the killer knows where he did the killing, but due to the newspaper, if he or someone on his side digs in at a local library, they can get a very good idea of where I live if they want to retaliate after a decade. I understand that's my problem, and I'll deal with it!

Thanks for you advice, but it is a bit offending to suggest seeking a counseling unless somehow the government will foot the bill which in all likelihood they won't. However, thanks for your concern and opinions.

I am ending this thread, and will not further respond to anyone else.

[CdwJava]

Originally Posted by cpec2008

Thanks for you advice, but it is a bit offending to suggest seeking a counseling unless somehow the government will foot the bill which in all likelihood they won't. However, thanks for your concern and opinions.

Why? If you need to go to the doctor, do you ask the government to foot the bill?

If you need something that's in your best interest, it's something you should seek out whether it costs you money or not. If you don't need counseling, great. But it is not healthy to live in a state of fear.

As I said, I have been on an active "hit list" yet did not change my life because of it. You fear being hunted down by a killer that murdered your parents years ago. While I can understand the fear, you can choose to either learn to cope with it or you can surrender to it. Believe me, living a life in fear is as good as being in jail yourself and it is no life at all.

God luck. And hopefully the killer doesn't get that parole, release, or whatever it is that might get hm out sooner rather than later.

- Carl

[VeronicaLodge]

Originally Posted by cpec2008

Look, my parent was SHOT to death. Bullets had pierced my parent's brain and lung!!! 10 years having passed doesn't changed the fact. I underand it is human nature to slight other people's affairs even if it's something as serious as homicide. I'm certainly not after a lottery win. I am hoping to protect victim's right to full extent of the law and common sense if possible under screwed up criminal justice system in US.

It would have been more helpful if you provided more detail as to what you made you think the paper's conduct was COMPLETELY LEGAL.

the papers conduct was and is legal simply because it is not illegal

[bluesmap]

you cannot win an argument with someone who backs his argument with emotion and not fact. not only will you lose, you will be on the brink of insanity

[cpec2008]

Originally Posted by bluesmap

you cannot win an argument with someone who backs his argument with emotion and not fact. not only will you lose, you will be on the brink of insanity

ok. you made your point very poignantly.

However, I think you all misunderstood my question due to my lack of missing a point in my post.

The homicide happened at a business address that my parent owned, and what the paper did was to report the HOME ADDRESS block of where my family and I are living. If that is completely legal, then so be it. You won, and I hope it won't happen to you or anyone else. I hope it makes you all happy and content.