A few times over the past two weeks people have questioned why some people are named in stories and others are not, specifically in two instances related to fatal traffic collisions.
While we named the victims, we did not name the driver.
There is a balance in public interest versus privacy. While we typically don’t name a victim of a crime, we do if they are deceased. While there may not be a crime in a fatal collision, the same policy applies. The essential premise of the policy is to avoid nameless victims. When someone dies through a crime or in a public setting, the attention is often on the details and circumstances of the crime. By naming the dead, we provide at minimum details of who they are and let the public know. This way, people who know the victim can be informed of their death and people who didn’t can learn more about them. When possible, we try to contact the family to see if we can provide more information about them to give their life and death dignity. The people who die in crimes or in public settings are people with lives and families, and we try to illustrate that while also being sensitive to those families and the terrible circumstances through which they are contending. Not every family wants to talk, and that’s understandable.
We don’t name the driver or others in a fatal collision unless criminal charges are filed. This might be controversial with some, but that is the indication that a crime was committed and that the person will be entering the criminal justice system. This means there could be a level of culpability in the incident that caused someone’s death, and that there is more to the story that we will follow for you.
This is and has been our policy, and likely a policy adhered to by other publications. I’m open to hearing thoughts on it, however.
We do name suspects of major crimes like a violent offense or if there is a crime that threatens public safety. We will also list physical descriptions of those suspects so the public can take precautions or aid law enforcement in contacting them if they are seen.
We do not name suspects or those charged or convicted of crimes if it could identify the victim. That’s why you might see stories about sex crimes against or molestations of family members, without naming the suspect or the person charged. We can also choose to limit naming the location of the crime if we think that could identify the victim.
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Our primary guiding belief here at the Daily Journal is “do no harm,” and this abides by it.
If there are other scenarios that concern you, or about which you have questions, just let me know.
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While we are doing a bit of “insight,” it might be a good opportunity to address letters to the editor and guest perspectives as we approach election season.
As always, we allow letters to the editor of about 250 words on any subject and in support or opposition to political candidates, measures or propositions. Anyone running for public office is a public figure, and policy or positions are fair game for opinion. We do ask that any letter writer limit the discussion to policy and not personal attributes. Letters can also be used to promote a cause or a political position. Letters to the editor are not social media comments or comments on stories, so keep in mind it’s best to have a strong point, and be civilized when you make it.
Guest perspectives, on the other hand, are different. To put it as simply as possible, guest perspectives, also known as op-eds, are on a topic of interest to our readers by an expert on that topic with a specific call to action. There are other types of guest perspectives, called “slice of life,” that are simply telling a story, which can be political but usually isn’t. For the most part, however, guest perspectives are the former. They are not to be used to promote a candidate, a ballot measure or a proposition. They are between 500 and 780 words, including headline, byline and bio. An author photo is required. We prefer one author but can have up to four. If it’s more than that, we ask that it be on behalf of those others. Candidates for office can write guest perspectives, but not after the filing deadline. For the June primary election, that is March 6, unless an incumbent does not file, then it is March 11. The November general election has a different timeline with the filing deadline in August.
Until then, candidates for office are welcome to submit guest perspectives, and can also write letters to the editor at any time. We encourage it.
(4) comments
As always, Jon, you have terrific journalistic ethics.
Excellent explanation of "naming" in the case of crashes. Thank you.
One related issue is what is covered in the case of crashes. Given the seemingly constant stream of fatalities on local streets, residents want to know that their government is doing what is necessary to keep bad drivers off the streets. You discuss cases of criminal negligence (charges are filed), but many are curious what happens in other cases. Are they issued a citation or some penalty that keeps them off the road? Are they retested by DMV? We seldom hear whether this is the case. In the case of Burlingame, PD officers said that their policy is not to ticket drivers that hit pedestrians. If this is the case, does DMV ever learn that the driver was in a fatal crash? We need to know that there is a feedback loop to keep bad drivers off the street, even if the DA believes that they can't prove criminal negligence.
CalMatters has an outstanding series called "License To Kill" about how that nonsense about 'privacy' is leading to no punishment for drunk and distracted drivers so they can commit the same crime over and over again: https://calmatters.org/series/license-to-kill/
The AAA Foundation has a statistic showing that only 35% of drivers adhere to speed limits and most other laws. Which means 65% are speeding, drunk, high, cognitively impaired, have vision issues, are without a license, etc. Other stats say 95% of "accidents" are really human error.
So we can assume if someone doesn't pay enough attention and kills someone else, it is worth looking into the reason. Are they the 35% or the scofflaw majority of drivers.
Police likes to quote CA Vehicle Code 16004 as reason why they can't name these killers. Basically if the driver isn't taken into custody, the name is protected.
But that is just an excuse. In reality police officers often make up laws and rules and write "accident" reports that make sure a driver isn't taken into custody, so they don't have to release the name.
California residents should expect from their overpaid police chiefs to set up a system where anyone who kills anyone else is taken into custody and processed like any other perp: taking names, photos, fingerprints, checking identity, blood drawn, toxicology labs, medication side effect checks, vision and cognitive impairment checks.
There should also be a full check of the inside of the car: are there coffee cups, bottles, burger wrappers, is there a large central screen, was there a phone, what was happening on the phone? calling, texting, ... all these point to distracted driving, which of course would be a felony and case of vehicular manslaughter, if you kill someone while doing so.
That is just the kind of good solid police work they do in other countries. And because they never do this in California, they can keep the names secret, and blame the victims instead.
Jon - without providing the name of the driver(s), your investigating reporter could at least provide a follow up on any action taken by the authorities. The current situation appears unsatisfactory to those of us who believe a measure of corrective action, including a fine, a suspension and any compensation for the affected family is in order. All of the recent killers seemed to have escaped any culpability. The police are here to enforce the law, not to interpret it.
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