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- Understand the legal system and criminal justice policy
- Consider why you are covering a crime
- Do no harm
- Language matters
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[ Understand the legal system and criminal justice policy ]
Learn the basics
You’ll need to understand the basics of the legal system and criminal justice policy before you start reporting on it. Know the differences between charges, arrests, indictments, trials and similar cases.
Understand sealed records, plea bargains and expungement laws in your jurisdiction. Research is your friend, consider the resources available to you, and contact other reporters and lawyers who may be willing to answer your questions.
An arrest is when police take someone into custody. This is usually how criminal prosecution begins. A police officer can arrest someone if they see them commit a crime, have probable cause to believe that they committed a crime or if the officer has a valid arrest warrant.
Someone can be charged with a misdemeanor or a felony, though specifications of this may vary by state. A felony is considered a more serious crime, posing a significant threat to public safety. A misdemeanor is considered a less serious crime.
An initial appearance hearing is the first time someone arrested or charged with a crime goes before a judge. This informs the accused of their rights and if they will be released or held in custody during the case.
Someone in police custody may be granted bail. Bail is a legal agreement, usually made with money or property, to allow a defendant to not be in jail while their case takes place. A bond is the way the bail is paid. There are cash bonds (paying the full amount directly to the court), property bonds (pledging real estate as collateral to the court), and commercial bonds (having a company pay the bond, essentially like a loan).
An arraignment is a formal reading of the charges in court, when a suspect will plead “guilty,” “not guilty,” or “no contest” to their charges.
If the government has a strong case against someone, they may offer a plea bargain. A defendant may plead guilty for a relaxed sentence.
An indictment is the grand jury’s formal accusation. This would begin the trial process if a defendant had not yet been arrested.
In felony cases, a preliminary hearing typically comes after the defendant has entered a plea. If the judge finds probable cause that the defendant committed the crime, then a trial will be scheduled. If not, the charges will be dismissed.
A civil case is when someone is seeking damages, like a breach of contract or someone getting injured. A criminal case is one the state or federal government brings against an individual for committing a crime.
Probation is an alternative to jail. A judge may order this if the defendant is not a threat to society and that jail time would not be appropriate. Parole is granted after someone has served a portion of their prison sentence. This is a privilege that someone serving time in prison has to earn.
Prisons are long-term detention facilities, while jails are meant to be short-term.
Juvenile court focuses on rehabilitation rather than punishment. Proceedings are confidential and closed to the public. Laws differ by state on if juvenile records are expunged or sealed.
Laws regarding sealing and expunging records vary by jurisdiction. An expungement clears the arrest or conviction from someone’s record. Sealing a record just hides it.
How to keep up with criminal justice reform and policy
Stay up to date on criminal justice reform and policy both on the federal and state levels. The simplest way to do this is to consume news from a few different sources as often as you can. Also sign up for email updates on federal legal decisions and from your local government, if they have that option.
Starter Resources:
Justia, a membership-based law organization, offers free daily or weekly legal opinion summaries.
PACER offers electronic access to court records, but you have to pay to access what you’re looking for.
RECAP,is a free archive of federal court documents pulled from PACER by users of its browser extension, searchable on CourtListener. Installing the extension lets you see when a PACER document is already available for free, so you can avoid paying twice.
A guide to reporting on criminal cases, published by U.S. Courts.
[ Consider why you are covering a crime ]
Evaluate why you are covering a specific crime incident or why your newsroom often focuses on certain types of crimes. Generating pageviews is not a good reason; crime reporting should fall under the banner of public safety. Crime reporting should serve the public good and accurately reflect the communities it is covering.
Commitment to the truth
When covering a crime story, keep in mind your ultimate goal as a reporter — to tell the truth. As one reporter we spoke to put it, you should write what needs to be written.
When writing your story, remember to be precise with your language, get a comment from every side of the story when possible and minimize the harm your reporting might do.
How to choose your stories
The adage “if it bleeds, it leads” is an increasingly outdated mode of thought. Writing sensational stories is something reporters should move beyond. See Do no harm for more information.
The Associated Press Stylebook says the organization covers public safety to “provide accurate and fair reporting about communities, to educate people about trends that drive public policy changes, and to hold accountable law enforcement and others in positions of power.”
That serves as a checklist of what your reporting should strive to be.
When choosing what to cover, use your time wisely. When covering a court case, if you can’t cover an entire trial, attend the opening statements and closing arguments. The closing arguments are particularly helpful because each side’s attorney presents the most important pieces of evidence in their case.
Talking with your sources at the beginning of the week can help you get a sense of what you should be following that week.
One reporter we spoke to said they try to end every case they open, meaning that if their paper publishes a story about an incident, they will at least write a follow up story when that case comes to a close.
Before you pitch a story, you should think about the effect your story will have on the community you’re covering. Ask yourself a few questions:
- Why are you covering this story? What is the specific reason?
- What are you offering your audience by covering one story over another?
- What are you trying to accomplish when covering that story?
- Does doing this story help you achieve your mission?
You can’t cover every story, so the stories you choose to cover should be purposeful. They should contribute to the public good and not be for entertainment or shock value. If you’re covering a story purely because it is entertaining, that could be harmful to the people and communities featured in that story.
If your news organization covers every crime, think about if that is contributing to your organization’s mission and the public good. Covering every crime that happens can actually make it seem like crime is more widespread than it actually is.
What makes a good crime story?
Some news organizations have veered away from daily stories about street crimes. Instead, reporters are tasked with creating investigative pieces that will make an impact, and they are asked to report on what that impact was.
Many journalists and media critics think stories like these are the future of crime reporting. In a 2024 article, Poynter’s Kelly McBride said that “data-rich narratives that educate communities and hold cops accountable” is how public safety will be covered in 10 years.
Consider pitching and covering stories like these to better serve your community.
Here are some other ideas for community-focused crime stories:
- What are the consequences of an incident or trend? Readers like to know how current events are affecting them. For example, if the number of reported car thefts has gone up, write about how readers can protect their car.
- Audiences like reading stories that answer questions they have, like does a doorbell camera make my home safer? One journalist said that you haven’t informed your community if you haven’t given them something to do with that information.
- Overall, audiences like reading about themselves and their community, so you should focus on writing about the criminal justice issues they care the most about.
[ Do no harm ]
Avoid sensationalism
Sensationalism is an editorial tactic pushing stories that spark fear and excitement to get clicks or sell newspapers. Sensationalist stories prioritize getting attention, and care less about accuracy and empathy. You are writing about real people, often on the worst day of their lives.
Journalism can shift public perception of an issue, and sensationalism can shift the perceived reality of how much crime is occurring. To prevent this, you need to report past the one incident you’re covering. This can’t be done as often in breaking news, but ideally breaking crime stories will have a follow-up giving updates and important context. The best way to contextualize your reporting is to discuss with experts and consider including data. See Provide context to your readers for more information.
Consider coverage of possible solutions to supplement your coverage of the problems. Solutions Journalism provides a framework and resources to cover solutions in an ethical and effective manner. If relevant, talk to an expert about crime trends in your area and what they suspect could improve it. Look for solutions that have worked in other areas or locations.
Stick to the facts. Do not publish any speculation without cause, even if via a quote. Avoid using emotionally charged language or anything that evokes fear without reason.
Graphic material
If debating publishing graphic details or images, consider what it would accomplish. Is it necessary for the audience to understand the story, or is it just for the shock factor? Consider the impact on those viewing these graphic images, and limit the number of people that have to see them when possible – other journalists in the newsroom don’t need to see gory images for a story they’re not working on, for example. See if there are alternative methods to get the full story across.
Stereotypes
Do everything in your power to avoid perpetuating stereotypes. Consider what language you’re using to describe people, see Language matters for more information.
Take inventory of your reporting every so often, and compare what crimes you’re reporting on to what crimes are happening in your area. Are you overreporting on crimes committed by a certain group because that’s what people want to see? Be aware of these things in order to improve the quality of your coverage.
Tell your audience what you’re doing. The Society of Professional Journalists believes that if you decide against a certain descriptor, or use a word specifically to avoid perpetuating stereotypes, then you should say that. This gives your audience an understanding of why you’re taking those extra steps.
To go further, consider publishing a report on your outlet’s crime coverage compared with the crime rates of your area. Transparency is the best way to build trust with the people you cover.
Everyone is innocent until proven guilty
Treat everyone as you would like your friends or family to be treated. Remember that in many cases, your article will now be the first thing to come up when your subject’s name is searched, whether they end up convicted or not. Do not name suspects unless you are planning to follow up on the story. See Respect the privacy of vulnerable people for more information.
Corrections and errors
If something published is incorrect, it must be corrected and noted as soon as possible. Best practice is to point out the correction in an editor’s note at the beginning or end of the story, if published online. For live broadcasts, if the correction cannot be made in the same newscast, it will be corrected in the next appropriate segment.
[ Language matters ]
Carefully consider your language
When covering courts, jails and prisons, use neutral terms like “accused of,” “allegedly” and “charged with.” Remember that you’re reporting on real people. Do not refer to them as “inmate,” “offender” or “convict.” Terms like these are dehumanizing, and can sway public opinion of a person.
But know that “allegedly” won’t do the work for you. In many cases, you are putting a person’s trial on display for the first time. Your wording needs to be precise. Report only what has already been decided, do not assign guilt to someone before their due process. Your article will remain even after the trial, whether the person is found guilty or not. See Do no harm for more information.
Substance abuse and mental health
Recognize subjects as people, and be empathetic to their plight. There is more to a person than their lowest moment.
Understand that the same mental health condition can manifest differently in individuals, avoid generalizing the same diagnosis. Contextualize the greater issues with mental health treatment. Avoid perpetuating stereotypes, like mentally ill people being more violent – use data to contextualize if needed. Don’t use demeaning terms like “crazy,” or “psychotic.” Always use person-first language, such as “a person experiencing psychosis.”
When referring to someone experiencing addiction, avoid derogatory language like “junkie,” but also be careful with other common descriptors. Don’t call someone an “addict” or say they “abuse substances,” instead try “person with a substance use disorder.”
Transgender people
When writing about transgender people, always refer to them by the name and pronouns they use in life. This may not be the same name and gender used in their legal documents and medical history, and that’s okay.
When writing about a transgender person who has died and you’re speaking to family and friends, be aware of what they say about how the person lived. But be aware that family and friends may try to disregard the transgender person’s wishes. If possible, go by anything the deceased may have left about their life – like social media, published essays, etc.
When authorities are involved in investigating a transgender person’s death, or investigating a transgender person themselves, be aware that they may be ignorant to the transgender person’s gender, pronouns and name. This appears to be a more common issue when a transgender person commits, or is accused of committing, a crime.
If covering a case where police have released a deadname (someone’s birth name that they no longer identify with), do not repeat it. In your reporting, use the person’s correct name and pronouns when first referring to them and note that police misidentified them in the reports.
Problematic words and phrases
The words and phrases below have been collected from various experts and resources, but this is not a comprehensive list. These are only a few examples. If you have any concerns regarding a word or phrase, consult your editors and online resources for assistance.
- Inmate: This is technically the correct term for people being held in jails and prisons. The word suggests guilt, especially to those being held in jails that have not yet been convicted of a crime. The word “inmate” implies guilt. And aside from that, it boils a person down to something not as human. In his story ‘I Am Not Your ‘Inmate’,’ published on The Marshall Project, journalist Lawrence Bartley compares descriptors like “inmate,” “convict,” “felon” and “offender” to brands put on someone, reducing humans to their “crimes and cages.”
- Perpetrator/Offender: Similar to “inmate,” the descriptors “perpetrator” and “offender” can both be dehumanizing. “Perpetrator” implies that someone committed a crime, replace it with “person accused of committing a crime.” “Offender” refers to someone convicted of a crime, replace it with “person convicted of a crime.” This also works for “convict” and “ex-con.”
- Juvenile/Minor: “Juvenile” is a very impersonal, clinical way to refer to a child under 18. It’s often used by police, which gives the connotation that “juvenile” refers to criminals exclusively. Both “juvenile” and “minor” can suggest guilt, and have historically been used disproportionately to describe Black children and people of color. When possible, get the exact age of the child you’re writing about, like “17-year-old girl suspected of…” Or try words like “child,” “teen” or “under age” if the situation allows.
Pay careful attention to the language used by sources, and what you include as quotes. If certain language might be harmful to others, consider paraphrasing.
Additional resources
Be open to learning. We cannot improve without comments and criticism from our community – learn from your colleagues and the communities that you represent. Here are a few resources that we found useful:
- The Language Project is a collection of articles and stories by The Marshall Project. The project acts as a style guide for reporting on incarceration and incarcerated people.
- People First Language Guide is an examination of language used by journalists published by The Center for Just Journalism. This guide offers recommendations for people-first language, substitutes for harmful language and links to additional resources.
- The Associated Press Style Book has added a section for criminal justice reporting that offers lots of advice about language and usage.
