“You have the right to remain silent.” With a plethora of well-publicized case law as well as long-running television series such as NYPD Blue, Law & Order and CSI, these words have become part of the national vernacular, universally understood to protect a defendant’s right against self-incrimination. In essence, the defendant has the right to remain silent — and is presumed innocent until guilt is proven beyond a reasonable doubt in a court of law.
But does the defendant have the right not to have his own image used against him before trial? Can the defendant avoid being handcuffed and arrested in full view of the media, which often are tipped off to the arrest, and then paraded about by the police while the cameras click and videos record? Unfortunately, for criminal defendants, the answer often is no.
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