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A perp walk, or walking the perp,〔The term "perp" is short for "perpetrator", and is commonly used by police departments for those they arrest. It is legally inaccurate since the arrested individual's guilt has not been judicially established at that point.〕 is a common custom of American law enforcement, the practice of taking an arrested suspect through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event. The defendant is typically handcuffed or otherwise restrained, and is sometimes dressed in prison garb. Within the United States the perp walk is most closely associated with New York City.〔''(Lauro v. Charles )'', 292 F.3d 202, 203 (2nd Cir., 2000)〕 Originally only those accused of violent street crimes were subjected to it, but since Rudolph Giuliani had accused white-collar criminals perp-walked in the 1980s, it has been extended to almost every defendant. The perp walk arose incidentally from the need to transport a defendant from a police station to court after arrest, and the general prohibition of prior restraint under the U.S. Constitution's First Amendment. Law enforcement agencies often coordinate with the media in scheduling and arranging them. It has been criticized as a form of public humiliation that violates a defendant's right to privacy and is prejudicial to the presumption of innocence, but is defended as promoting transparency in the criminal justice system. American courts have permitted it on the grounds that it arises from the limitations and necessity of police procedure, but have also limited it only to those times when it is actually necessary. ==Procedure== In the United States, once a person has been charged with a crime, the government may request that a judge either issue a summons for that person or an arrest warrant, which can lead to a perp walk. This decision is largely at the discretion of the prosecutor; judges often defer to it.〔William R. Mitchelson Jr. and Mark T. Calloway, (How to Avoid Letting a 'Perp Walk' Turn Into a Parade ), ''The National Law Journal'', March 21, 2006.〕 Since the arrest power is meant to ensure the defendant's presence in court, lawyers defending the white-collar criminals who have been perp-walked since the late 1980s have complained it is unnecessary and superfluous in their clients' cases, even if it does give the appearance of preferential treatment for wealthy defendants.〔 Lea Fastow, the wife of former Enron executive Andrew Fastow, cited the perp walk she was made to take even though she had expressed her willingness to surrender to a summons in an unsuccessful motion for a change of venue.〔''(United States v. Fastow )'', 292 F.Supp.2d. 914, 917, (S.D. Texas, 2003).〕 Some, like Martha Stewart, have still managed to avoid being perp-walked by responding to summonses, or surrendering in the courtroom as soon as the indictment is presented in open court.〔 This did not prevent another Houston-area defendant, former Dynegy natural gas trader Michelle Valencia, from undergoing a perp walk in 2003. After waiting all day for the indictment, her attorney told prosecutors she would return there the next morning. Instead, she was arrested at her home before the courthouse opened. Her attorney said prosecutors were bullying her for refusing to cooperate with them. Similarly, lawyers for Adelphia Communications chairman John Rigas criticized prosecutors for having him arrested at his home on Manhattan's Upper East Side in 2002 despite his offer to surrender. Defense lawyers have been advised, if they are aware an indictment and arrest is imminent, to announce to the media that their client will surrender at a particular time in the near future, making a subsequent arrest and perp walk seem gratuitous.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「perp walk」の詳細全文を読む スポンサード リンク
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