My experience leads me to make two major suggestions for what to do when this happens.
Don’t jump to conclusions
First, don’t make assumptions about what the person has done.
Close to half of the people charged with a crime in Canada are never convicted. Yes, this can be due to lack of evidence, but it can also be because they genuinely did not do anything criminal and were wrongly charged. Half of the murder charges in Canada do not end with a conviction. If we can’t get a murder charge right, how likely is it that more minor charges will always be based on firm evidence?
At the same time, reporting of arrests in the media or on social media generally assumes guilt, as do police press releases. Yes, such accounts will typically say that the charges have not been proven, but that single sentence will come after paragraphs about the allegations making it seem that the person is guilty.
Then, too, most of us grew up on a diet of TV shows where the cops always arrest the right person. The reality is quite different, but the impression has been formed.
There was a lot of publicity around my arrest and, later, around my conviction — but I can say with hand on heart that most of what was written about me and about what I allegedly did was wrong. Some of what was alleged was entirely fantastical, with no grounding in reality whatsoever. Yet most of it was dutifully reported in the media and on social media as if it were true. And as one “friend” told me, “You hired an expensive lawyer, so you must have done something bad!”
Accused cannot defend themselves in public
One of the features of our system is that the police and others can make public allegations, but those accused cannot publicly defend themselves. The first thing a criminal lawyer will tell you as a client is not to speak publicly about your case. Indeed, I was told not to say anything about my charges to my family, or to any kind of counsellor or therapist. (This was advice I did not take; I could not say to the people closest to me that they weren’t entitled to any explanation of what was going on.)
You are told to wait for your trial to put the facts on the record. However, 90 per cent of cases do not include a trial, so for most people charged, the opportunity to defend themselves publicly never comes. And even when it does, a defence lawyer will only put in evidence what is directly relevant to the outcome. My lawyer did not contest many of the most bizarre allegations because I was told it would make no difference to the outcome, so there was no point. In fact, the public record on my actions remains quite incomplete and, in many ways, incorrect.
We regularly hear of cases thrown out in court for all kinds of reasons, from very weak evidence to manufactured evidence. We also hear of cases in which people were convicted, and even confessed to a crime, only to be exonerated years later when we discover they were coerced. The recent Zameer case in Toronto, where senior politicians presumed the guilt of someone who was acquitted because the evidence did not support the Crown’s version, should be a reminder that no matter what story is told in public, the facts may be quite different.
So when someone you know is arrested, keep in mind that there is a reasonable chance that they did not do what they are accused of.
Reach out
Second, if you possibly can, reach out to the person as a concerned friend.
When I was arrested, most of the people I considered my friends and colleagues had no further contact with me whatsoever. I realize there are many reasons people do this. For some, it awakens their own traumas. Some worry that association with someone accused of a crime will hurt them personally or professionally — and that worry, sadly, is often justified. I know that a number of people who stayed in contact with me were vilified by others. And of course some find the crime repugnant and are not able to make a separation between the person and the (alleged) action.
Still, if there were ever a time when compassion and empathy really mattered, it would be for someone facing a criminal charge. This is a hugely lonely experience from the moment of arrest onward. You feel like you are alone facing the entire apparatus of the state while, in many cases, having your entire future thrown into question.
I was very fortunate in that quite a few people did reach out to me immediately after my arrest. I was held in jail for a couple of days before I could get bail, but even then, I had a visit. When I got home there were a number of cards and messages from people. And they weren’t always from the people I would have expected to hear from.
I cannot overstate how comforting those messages were. Knowing that people still wanted to be in touch with me or at least wanted to know more (though as mentioned I could not tell them) was just hugely important. I could never have survived my arrest, the charges, my eventual guilty plea and my time in prison and on parole without the support of many others.
Such messages do not have to — and probably should not — speak to the charges. All you really want is for people to say something like, “I know this is really hard for you and I still care about you as a person.”
No man is an island, least of all when we are under the greatest pressure and facing huge tests. Piling on in condemnation might feel good and might even win applause from others of the same view. But a simple statement of human solidarity will never be the wrong action to take.
So if you do know someone who is accused, please try to reach out to say you care. That person will feel better and so will you. And regardless of what they have done, human connection helps people heal and be better in the future.
David Dorson is the pen name of someone who went through arrest, case disposition, imprisonment and parole in Ontario a few years ago. Law360 Canada has granted him anonymity because he offers a unique perspective on a subject that matters deeply to many readers, and revealing the author’s identity would make re-establishment in the community after serving his sentence much more difficult than it already is.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Peter Carter at peter.carter@lexisnexis.ca or call 647-776-6740.