Why and how we cover cops and courts.

I get the feeling many people wonder why and how the Bennington Banner covers local court and police stories. Many feel we do it because it “sells papers.” Well, I can't argue that based on website hits and Facebook likes and comments, lurid crime stories get a lot of attention from the public. I can tell you, though, my paycheck doesn't change based on how much a story is read.

Others seem to view the Banner as a public shaming tool. This gets coupled with the view that by writing about a court matter I've somehow given it my blessing. Hopefully this Q and A list will address some of these items.

Why does the Banner cover courts?

The police and courts have a lot of power, and any group with a lot of power needs to be watched by the public. The justice system has the power to take away your freedom and make decisions that drastically impact the lives of those around you. It's human nature that when people with power are not being watched, they tend to abuse that power, however fair-minded they might be.

Why doesn't the Bennington Banner wait until cases are resolved before reporting on them?

The court can take away your freedom before you're convicted.

After you enter a not guilty plea a judge can decide to release you on conditions or lock you up while the case is pending. There are rules and criteria they have to follow, but the judge still has a lot of power power, and it gets used. A judge can order you to obey a curfew, not go to a certain place, and not speak to certain people, even your own family members. They can require a lot of other things, too, but like I said in a previous post, conditions of release are worth their own entry.

Where does the Bennington Banner get its information?

Most of the time the information we print comes from police affidavits. An affidavit is a narrative basically saying why the cop thinks you did whatever crime you're being cited for. The cops give the affidavit to prosecutors who decide which crimes are actually being described before submitting it, along with charges, to a judge. The judge then reads the affidavit and makes sure what's being said fits what's being charged.

Once a judge finds “probable cause,” on the charges, you can be arraigned and your freedom can be restricted.

The affidavit becomes accessible to the public after the judge finds probable cause. Usually I see it after the arraignment hearing his held. The court clerks show me the file and if I want I can get a copy of it for 25 cents per page. Anyone can do this, it's not a special privilege of the media.

Why is the Bennington Banner accusing people of crimes?

It doesn't. I report that other people are accusing people of committing crimes and that based on those accusations the state has restricted a person's freedom.

When I write “According to the affidavit, the woman told police her boyfriend hit her in the head with a closed fist,” that means a woman told police her boyfriend hit her in the head with a closed fist, and that the police wrote that down in an affidavit that was then used to justify restricting the boyfriend's freedom.

Of course not all of the information in an affidavit is 100 percent accurate and when I learn of an error I seek to correct it, or we follow the case to its resolution. The Banner's phone number is public and I put my email at the end of every article and I welcome defendants input on a case's resolution. Truth be told, however, most people's attorneys do not like it one little bit when their clients talks to the press. Still, I've never refused an attorney who felt inclined to speak to me.

I'm fully aware that when people read about accusations they convict the person in their minds. I wish they did not, I wish they kept an open mind, but that they don't is a poor reason to not report on something.

Why did the Bennington Banner report on this case and not that one?

There is no set policy on what kinds of court cases we cover and which ones we don't, however there are some general practices we follow. When I look at the court calendar, I look for felony charges because they are the more serious sort of charge a person can face. Some misdemeanor charges also catch my eye, namely animal cruelty and child abuse, but let's say someone vandalized the Bennington Monument or one of the street moose/catamounts and didn't do enough damage to be charged with a felony, I would still report on that.

To sum up, the reason we report on the courts is to ensure some level of accountability for an institution that has a great deal of power and uses it to affect the lives of common people on a daily basis. People need to know if the justice system is working or not.

I'm sure there's more questions and I'd be happy to answer them. Leave a comment or email me at kwhitcomb@benningtonbanner.com or send them via Twitter @Kwhitcombjr