Ruralite Cafe: Published 12/27/01

By Lisa Majors-Duff - News Editor

Justice provides my list of New Year's resolutions

Alas, that was not the case. Instead the envelope held a letter apparently mailed to each and every North Carolina news outlet from Chief Justice I. Beverly Lake, in which he outlined seven seemingly simple ways for journalists to improve their relationships with officers of the court.

By themselves, the seven suggestions will indeed be helpful for the editor who has forgotten a thing or two about crime reporting. College, after all, was a long time ago for most of us.

But it was the letter's opening that caught my attention and drew my ire, something I'd planned to forgo as soon as New Year's resolutions were in order. Instead, at the suggestion of Chief Justice Lake, I plan to make "The Seven Commandments of Crime Writing" my only goals for 2002.

Here is the letter in its entirety:

Dear Copy Editors:

The Chief Justice's Media and the Courts Forum, a panel of journalists, judges and attorneys from across the state, have been looking for ways to improve the relationships between the media and the legal profession.

In pursuing that goal, it has come to our attention that some in the courts have been frustrated by headlines they feel inaccurately summarized the legal situations reflected in the stories. Since we realize copy editors are dedicated professionals with a passion for accuracy, we thought we might offer some assistance.

Our panel has drafted a set of recommendations - or perhaps friendly reminders for copy editors when dealing with court and crime stories. Many of these cautions will be familiar to you. Hopefully, at least a few will add to your base of knowledge.

- Don't say "Jury sentences defendant to 55 years in prison..." A jury determines whether a person is guilty or not guilty. The judge imposes the sentence. The exception is in capital cases, where the jury decides whether a defendant will receive the death penalty or life in prison.

- Don't say "Defendant John Doe found innocent..." A jury decides whether a person is guilty or not guilty. It doesn't decide if the person is innocent, at least not in the strictest sense. It is always better to use the word "acquits" instead.

- Be careful with the use of the term "burglary." A burglary is a house-breaking that occurs at night. If someone's home was victimized by a breaking, entering and larceny during daylight hours, it wasn't "burglarized," at least not in the strictest sense. Nor was the home robbed. Robbery is of the person.

- Use caution when dealing with stories about drinking and driving. If someone has been charged with driving while impaired, it is best not to write that they stand accused of "drunk driving." In such cases, defendants often argue they had some drinks, but weren't really drunk. For objectivity's sake, it's best to steer clear. Say the person is accused of "drinking and driving," for instance.

- Not all documents filed in a court case can be called "legal briefs." Briefs advocate and summarize the law and facts of a particular dispute, as seen by one litigant's side. Motions urge the court to take a specific course of action. Usually, but not always, the document's title will specify which type of document it is.

- Exercise caution when writing headlines centered on witness testimony. It can be tempting to write a headline that sounds like a solid fact when in reality it is just the testimony of one person. For instance, rather than say, "Officers framed John Doe," it is better to say something like "Witness says officers famed John Doe."

- Stories should never convict a defendant. Instead of writing that "John Doe was arrested for murdering Tim Taylor," the story should say something more ambivalent, such as, "John Doe was arrested in connection with the murder of Tim Taylor" or "arrested and charged with the murder of Tim Taylor."

We hope this brief listing can be of assistance to you. For more information on N.C. courts, visit the Web site of the N.C. Administrative Office of the Courts at www.nccourts.org.

Sincerely yours,

I. Beverly Lake

Chief Justice

In response:

Dear Justice Lake,

Thank you for your heartfelt concern about our relationship with the legal profession. I cannot begin to explain how this matter has so deeply affected those of us at The Sylva Herald, causing at least me to lose hours of sleep each and every night at the thought of mistakenly reporting that a 93-year-old widow was assaulted when her home was "robbed" in the middle of the night. The grave importance of this distinction is obvious, I'm sure you will agree.

Also, thank you for providing such a complete list of New Year's resolutions; I for one am sure I'll be able to adhere to these life-altering guideline throughout this and for many years to come. After all, who in my position needs to concern themselves with such unattainable goals like being a better person, volunteering more of my time or helping friends and neighbors in need.

And finally, thanks goes to you and those who comprise Media and the Courts Forum for taking the time to educate those of us who call journalism not just a job, but a passion. With all due recognition, come Dec. 31 at precisely midnight, I plan to raise a glass and toast your good names.

Happy New Year!

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