When Social Media is Used in Criminal Cases

Prosecutors and police are increasingly implementing social media in a variety of ways in order to investigate and prosecute criminal activity. Since there are relatively few legal restrictions on the use of such media, it’s a no-brainer from their point of view. Social media—including texts, emails, and posts in places like Instagram and Facebook, can provide a plethora of potential evidence to be used by police and prosecutors to build a case against any given suspect. Victim advocates and others, however, have concerns that vulnerable segments of society are being stigmatized and marginalized with this use. Public defenders, too, have grievances related to their disadvantage when having access to certain social media.

Uses of Social Media in Investigations 

There are many ways in which law enforcement uses social media during criminal investigations, including determining the location of a suspect through geo-tagging, monitoring posts for evidence of criminal activity and associations, and interacting with suspects using undercover profiles. The entire course of an investigation may be influenced by social media. And with law enforcement agencies having their own public social media sites, they are able to paint a picture of who they believe is involved in crime, which often reinforces stereotypes.  One study, in fact, found that Blacks were called out in about one-third of posts related to crime, although they made up only 20 percent of those arrested for those crimes.

Impacts of Such Evidence in the Courtroom 

When prosecutors introduce evidence from social media, it can be very damning for defendants. It is often assumed that social media is an accurate reflection of an individual, even though we know that a lot of posturing and exaggeration occurs as people attempt to impress various audiences. Certainly, the social norms governing behavior in various communities could easily be misinterpreted, leading to suspicion and negative judgments directed at young Black men and others. This has been a consistent concern in gang cases and in cases related to sexual violence.

After being charged with a crime, defendants are encouraged to refrain from using social media, because it will likely be monitored by opposing counsel, and anything they get their hands on could be presented in a negative light.  All too often, unwitting defendants give prosecutors ammunition to use against them in court.

Unbalanced Access 

Because so much of this type of evidence is protected with privacy laws, non government agencies are barred from accessing it. Instead of the cooperation given to law enforcement in so many cases, defense attorneys find themselves running in circles trying to get social media companies to share information. Even when they do get access, it is often very limited, making it much less useful in court.

The Defense You Deserve 

No matter the case or the evidence against you, the dedicated Las Vegas criminal defense attorneys at Lobo Law always fight for the best possible outcomes for you. To discuss, schedule a confidential consultation today.

Source:

asanet.org/footnotes-article/social-media-criminal-evidence-new-possibilities-problems/