It appears that a Malaysian passenger jet may have been mistakenly shot down in the skies above territory that is in dispute between Ukraine and Russia. USA Today is reporting that rebels who may be backed by Russia may have arms capable of downing a passenger jet that is flying 20,000+ feet in the sky.
Photos of the tragedy have appeared online and it leads me to believe that the crash site may become contaminated. In this hyper-sensitive and viral world everything posted online about this tragedy is put under a microscope. For example, American Pie actor Jason Biggs Tweet “Anyone wanna buy my Malaysian Airlines frequent flier miles?” was deemed so offensive by the Internet community that he ended up issuing an apology after it went viral.
Entertainers and politicians do not have a monopoly on regretting their online posts. According to AFP, it appears that some Pro-Russian insurgents may also have itchy social media fingers because some of their online postings boasting about downing an airplane around the same time/place that the Malaysian jet went down have now been deleted. Since the crash site may become contaminated will social media become crucial evidence in determining who shot down the Malaysian passenger jet?
Copyright 2014 by Shear Law, LLC. All rights reserved.
Showing posts with label Social Media and Criminal Law. Show all posts
Showing posts with label Social Media and Criminal Law. Show all posts
Friday, July 18, 2014
Sunday, March 17, 2013
Did Social Media Convict the Steubenville High School Football Players?
Two guilty verdicts were handed down in the rape trial of two Steubenville high school football players. There were no winners in this case. A teenage girl lost her innocence, a couple tennage boys are forever branded as sex offenders, and a small town may now be known as that town where a disgusting crime came to light because of the power of social media.
Without social media, it is possible that this case may never have gone to trial. After the New York Times covered this matter last December, the story picked up steam. Subsequently, Anonymous allegedly hacked into the digital accounts of some of those who may have been involved or witnessed the activities surrounding the alleged criminal activity.
YouTube, Instagram, Twitter, and text messaging were utilized by those who either witnessed the incident or who may have been involved with the matter. The digital content that came to light shocked and sickened the public and may have helped convict the perpetrators of this crime.
According to ABC News, "[t]he contents of 13 cell phones were analyzed, which amounted to 396,270 text messages, 308,586 photos, 940 videos, 3,188 phone calls and 16,422 contacts." Absent the digital evidence via multipe social media platforms would there have been a guilty verdict? While witness testimony may be persuasive, photos and videos have the ability to become very powerful evidence that may trump eyewitness testimony. Even though this isn't the first case where social media may have affected the outcome of a trial, it may be a watershed moment for the usage of social media evidence.
The bottom line is that those who want to violate the law should think twice because anyone who has a mobile digital electronic device has the ability to capture the criminal act. Within seconds, people from around the world may become aware of the matter via an online post. Therefore, social media may have the ability to become a deterrent against crime.
To learn more about these issues you may contact me at http://shearlaw.com/attorney_profile.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Without social media, it is possible that this case may never have gone to trial. After the New York Times covered this matter last December, the story picked up steam. Subsequently, Anonymous allegedly hacked into the digital accounts of some of those who may have been involved or witnessed the activities surrounding the alleged criminal activity.
YouTube, Instagram, Twitter, and text messaging were utilized by those who either witnessed the incident or who may have been involved with the matter. The digital content that came to light shocked and sickened the public and may have helped convict the perpetrators of this crime.
According to ABC News, "[t]he contents of 13 cell phones were analyzed, which amounted to 396,270 text messages, 308,586 photos, 940 videos, 3,188 phone calls and 16,422 contacts." Absent the digital evidence via multipe social media platforms would there have been a guilty verdict? While witness testimony may be persuasive, photos and videos have the ability to become very powerful evidence that may trump eyewitness testimony. Even though this isn't the first case where social media may have affected the outcome of a trial, it may be a watershed moment for the usage of social media evidence.
The bottom line is that those who want to violate the law should think twice because anyone who has a mobile digital electronic device has the ability to capture the criminal act. Within seconds, people from around the world may become aware of the matter via an online post. Therefore, social media may have the ability to become a deterrent against crime.
To learn more about these issues you may contact me at http://shearlaw.com/attorney_profile.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Friday, November 30, 2012
Tweeted Photo of Sex Abuse Victim Leads To Arrests
Sexual abuse is one of the worst crimes imaginable. Abusers and rapists prey on those who are vulnerable and some of the perpetrators may do so because there is a good chance they may never be caught.
According to the Bureau of Justice, between 1992 and 2000 only 36 percent of rapes, 34 percent of attempted rapes, and 26 percent of sexual assaults were reported. Therefore, it appears that the majority of of sexual abuse is not reported and those who commit these crimes are never prosecuted.
In a very troubling case in New York City, four men were arrested for allegedly using an iPhone to take a photo(s) of a sexual abuse victim who was testifying and then uploading the photo to Twitter. It appears that the four men who were arrested may be supporters of the defendant in the case.
This situation demonstrates the need for the court system to create a unified digital device policy for everyone who participates in criminal and civil proceedings. I have blogged about related digital device issues over and over so my hope is that eventually the entire court system will become more aware of the potential danger of not creating reasonable social media and digital device policies.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, September 12, 2012
NYPD drafts social media investigation rules
According to the New York Daily News, the New York City Police Department has created official rules on how to utilize social media to investigate potential criminal activity. Since the NYPD developed CompStat, it has been recognized as a leader in utilizing new digital technologies for law enforcement.
The New York Daily News states that under the new rules, NYPD "officers involved in probes involving social media may register their aliases with the department and use a department-issued laptop whose Internet-access card can't be traced back to the NYPD."
In general, I believe that the NYPD should take their rules that govern their activities offline and transfer them online. Since police officers go under cover to fight crime in the real world they should be able to do the same in the digital world. However, if a potential suspect refuses to provide access to an under cover officer via turning down a Facebook Friend request or by changing his privacy settings, the NYPD should then be required to follow the proper legal channels to obtain access to the password protected digital content.
There needs to be an appropriate balance between the needs of law enforcement and the right to privacy. As more police departments follow the NYPD's lead, there may be more opportunities to determine how to balance these issues.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Wednesday, July 6, 2011
Casey Anthony trial demonstrates that U.S. Constitution still matters in the Social Media Age
The Casey Anthony trial demonstrates that the U.S. Constitution still matters in the Social Media Age. Casey Anthony was accused of killing her daughter Caylee Anthony who died under mysterious circumstances in 2008. On July 5, 2011, Casey Anthony was found not guilty of killing Caylee by a jury of her peers since the prosecution did not prove its case beyond a reasonable doubt.
Even though Ms. Anthony was found not guilty she still has lost in the overall scheme of things. Her daughter is dead, she has spent more than 2 years of her life in prison, and she is seen as a monster by some people. Ms. Anthony may ultimately end up earning millions of dollars for her life story but no amount of money can make her whole after the ordeal she has been through.
The State of Florida lost not because of the not guilty verdict but because they most likely spent several million dollars on a case that did not answer who killed Caylee Anthony. It is doubtful that we will ever know who killed Caylee Anthony.
The Sixth Amendment of the U.S. Constitution came out of this trial unscathed. The Bill of Rights states, "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
Some may argue that the media won while others may argue that the media lost. The media won in that it got what it wanted: RATINGS. Great ratings equals more advertising dollars. However, others may argue that television personalities such as Nancy Grace acted so inappropriate that this case is a black eye for how the media covers the courts and strengthens the argument against more cameras and other technologies in the courtroom.
Sheppard v. Maxwell, 384 U.S. 333 (1966), is the seminal case that discusses how the media may unfairly influence pending legal proceedings. It is the case that inspired the television series and movie The Fugitive. Sam Sheppard was a doctor who was wrongly convicted of murdering his wife. The media coverage of Sheppard's case did not allow him to obtain a fair trial. Sheppard was first tried and convicted in the court of public opinion and then in a court of law. Even though Sheppard was ultimately found not guilty the ordeal destroyed his life.
In the Social Media Age, it is easier than in the Television Age to be tried to convicted in the court of public opinion. The Casey Anthony jurors were sequestered and this cost the State of Florida a considerable amount of money and was extremely difficult on the jurors during the sequestration. As I have previously stated, sequestering a jury is not practical in the overwhelming majority of cases. Therefore, a national conversation is needed to find a solution regarding how the courts should respond to the Social Media Age.
To learn more about this topic you may contact me at http://www.shearlaw.com/.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Even though Ms. Anthony was found not guilty she still has lost in the overall scheme of things. Her daughter is dead, she has spent more than 2 years of her life in prison, and she is seen as a monster by some people. Ms. Anthony may ultimately end up earning millions of dollars for her life story but no amount of money can make her whole after the ordeal she has been through.
The State of Florida lost not because of the not guilty verdict but because they most likely spent several million dollars on a case that did not answer who killed Caylee Anthony. It is doubtful that we will ever know who killed Caylee Anthony.
The Sixth Amendment of the U.S. Constitution came out of this trial unscathed. The Bill of Rights states, "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
Some may argue that the media won while others may argue that the media lost. The media won in that it got what it wanted: RATINGS. Great ratings equals more advertising dollars. However, others may argue that television personalities such as Nancy Grace acted so inappropriate that this case is a black eye for how the media covers the courts and strengthens the argument against more cameras and other technologies in the courtroom.
Sheppard v. Maxwell, 384 U.S. 333 (1966), is the seminal case that discusses how the media may unfairly influence pending legal proceedings. It is the case that inspired the television series and movie The Fugitive. Sam Sheppard was a doctor who was wrongly convicted of murdering his wife. The media coverage of Sheppard's case did not allow him to obtain a fair trial. Sheppard was first tried and convicted in the court of public opinion and then in a court of law. Even though Sheppard was ultimately found not guilty the ordeal destroyed his life.
In the Social Media Age, it is easier than in the Television Age to be tried to convicted in the court of public opinion. The Casey Anthony jurors were sequestered and this cost the State of Florida a considerable amount of money and was extremely difficult on the jurors during the sequestration. As I have previously stated, sequestering a jury is not practical in the overwhelming majority of cases. Therefore, a national conversation is needed to find a solution regarding how the courts should respond to the Social Media Age.
To learn more about this topic you may contact me at http://www.shearlaw.com/.
Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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