Blogger aTypical Joe has posted a piece called “Exposing the plea bargain racket” where he contrasts his reasonable insistence that plea bargains terms be made more public — maybe there should even be a public comment period, too! (I’d like to start with this one) — with the understandable problem of a “Who’s a Rat,” a website that features information about “rats.” “Rats” are what defense lawyers, defendants, and murderous criminals call people who, for whatever reason, cooperate with legal authorities attempting to secure convictions of malfeasors.
I have never liked this terminology, whether applied to informants or people who work for a living without the permission of a union. Like Joe, I certainly understand why a criminal defense lawyer would want to know as much as possible about cooperating witnesses, especially when they have “turned” from the fellow-criminal to the (usually self-serving) friend-of-law-enforcement side. But there’s no question that it is an abuse of this transparency, and one that will inevitably dry up the well of cooperating crooks, to post such information on websites like Who’s a Rat — one of whose purposes must be to get people killed.
Joe hits the nail on the head, saying he’d be glad “for us to learn the difference and distinguish between ‘public’ as in ‘not secret’ and ‘public’ as in “made easily accessible to the world.” This applies to a lot of things — a lot of categories where public information is and should be public, but is not and “should not be” instantly and simultaneously available to everyone all the time. The largest of these categories, I would say, relates to legal proceedings. Courts and legal proceedings should be open and public, yes; but intimate and limitless? That is one reason why, unlike a friend of mine who once lobbied hard trying to lower the hurdles to the insertion of TV cameras into every courtroom, I am against it. One reason is that cameras badly distort behavior in the courtroom. But the other is that I do not believe either justice of the public good are served by making the prospect of seeking justice, civil or criminal, an utter surrender of privacy and dignity.
How do we make these distinctions?














