@Francis,
Quote:The evidence provided was only provided in terms of media show, not in terms of justice
There has been no evidence provided, Francis. You don't know what evidence, in addition to the maid's report, that the police and D.A. had which led to their judgment to make an arrest. And, you don't even know the details of the maid's report, which she first gave to the police and later gave in testimony to a grand jury. All we have actually seen is the criminal complaint against DSK which simply explains why he has been charged with violating certain criminal laws. The rest of what you have heard are leaks--from both sides--and those should really be disregarded at this point in time.
The police and D.A. are not required to make their full evidence public, in any criminal case, immediately after arresting someone. Disclosure of evidence, which must primarily be made to the defense and not to the media, follows a definite organized process. All of the evidence against DSK will emerge at trial, along with defense arguments against that evidence, and, at that time, you can make some better informed judgments about the case.
I can understand that, because of cultural differences, you might view a "perp walk" quite differently than I do. But, it is important that you understand that, in NYC, all people arrested for all crimes are handcuffed. And, until bail arrangements are settled and the accused is released from custody, that person must be handcuffed when they are transported from one location to another. And, because we have complete freedom of the press, reporters can photograph the accused when he is in public view and being moved from one place to another. That's why there were the photos of DSK that you saw. He was being transported when those photos were taken, he wasn't being "paraded" for the press.
Whether the French agree with our practice of allowing people to be photographed in handcuffs, it is necessary to remember that this is standard practice in the U.S.--there was nothing out of the ordinary done with DSK. And there is no reason to believe that such photos prejudice the public, or potential jurors, any more than a front page story describing the arrest, and the charges, accompanied by a stock photo of DSK looking like his usual dapper self. It is the arrest and the charges, and not photos in handcuffs, which do cause a suspicion of guilt, and no one denies that. But, the reality of the arrest and the charges cannot, and should not, be withheld from the public--I don't want the police arresting people in secret. Our criminal courtrooms are open to both the media and the public, and an arrest is a matter of public record and it would certainly become public once the accused enters a courtroom. Again, DSK received the exact same treatment as anyone else arrested for a crime in NYC, except, because he's newsworthy, the story of his arrest, and his photo, landed on the front page. Every night on the local news, considerably lesser known people are shown in handcuffs being put into police cars. Americans are quite used to these images. Also, DSK is not well known to the average American, and the horror the French might feel at seeing a photo of a potential French presidential candidate in handcuffs, did not register the same way with most people in this country.
Our criminal law process is completely open to the press and public. We do differ from the French in that regard. Different practices reflect very real differences in cultural attitudes.
The business of the media revealing the name of the accused, and not the name of the alleged victim, is not a matter of law in the U.S. Nothing stops the media here from revealing the alleged victim's name-- they voluntarily withhold it as a matter of courtesy, and it's important to set the record straight on that score because some posters have been throwing around a lot of misinformation.
Quote:As a matter of courtesy, most newspapers and broadcast media in the United States do not disclose the name of an alleged rape victim during the trial, and if the alleged rapist is convicted, most will continue to not identify the victim. If the case is dropped or the alleged rapist is acquitted, most media will no longer shield the name of the victim.This practice was probably related to laws in some states which made it a crime to publicly reveal the name of the victim in a rape case. When such laws were challenged in court, they were routinely struck down as unconstitutional.
http://en.wikipedia.org/wiki/Rape_shield_law#Identification_of_alleged_rape_victims_by_media_outlets
So, if the media chooses to withhold the name of the complainant in a sexual assault matter, they are simply acting of their own accord--they are not part of the criminal justice system, they aren't bound by any laws to withhold such names, and they can make their own decisions in such matters. That too is freedom of the press.
But remember, one DSK was arrested, his accuser became the state of NY. The hotel maid is a witness in their criminal case, but the state is now the accuser. So, details about this woman, and her life, become secondary because it is the state of NY who now must prove the criminal charges they have lodged against DSK.
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Then, let the justice proceed according to the laws of the state..
Hopefully, that is exactly what will happen.