An evaluation on the ‘Mugshot’ in suspect disclosure: focusing on the analysis of the U.S. case law

The ‘Mugshot’ method which means the police forcefully photographing the face without the consent of the suspect and releasing it has been recently introduced. In this paper, the method was evaluated normatively and considered critically. The suspect disclosure allows the disclosure of a suspect for public interest. But there is a concern that this may essentially violate the principle of innocence. Although the current act is more invasive than before, the requirements are criticized for being unclear as they are no different from before. The concerns that disclosing mugshots without serious consideration of the impact could violate the principle of innocence have been grown. This paper points out that US case law is considering mugshots reflectively. They considered mugshot, which is not the same as in ordinary photos, captures more embarrassing and insulting moments. It strongly raises the conviction of the suspect's guilt. Therefore, the suspect’s a private interest in the mugshot should be compared with the public interest. Given this nature, the requirement for disclosure in our current law should not be as ambiguous as they are now. It should be defined in a more specific and clear way to prevent its abuse or misuse.