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"Will You Be My Friend?" Ethical Concerns for Prosecutors and Social Media
| Content Provider | Semantic Scholar |
|---|---|
| Author | Stewart, Potter Giles, Robert H. Allen, Jason |
| Copyright Year | 2012 |
| Abstract | he proliferation of social media outlets offers almost everyone the opportunity to be heard and to hear what may be said. When the online social networking phenomena started in the late 1990s it was hard to imagine that it would soon become a preferred communication method for millions of people across the globe and spawn businesses valued in the billions of dollars. Social media platforms, from Facebook to Twitter to YouTube to Foursquare, give users the ability to communicate, share photographs, share videos, and play video games with friends and strangers alike. Because social media has become an overwhelming part of our lives, it has also become a useful tool for law enforcement and prosecutors in their search for evidence that may corroborate a case. From information posted on a defendant’s Facebook page establishing his culpability in a pair of murders to Twitter postings demonstrating that a defendant knows he is breaking the law, social media can provide evidence that is instrumental to a successful prosecution. However, using social media also brings with it ethical issues that can cause problems for prosecutors. This article will discuss the ethical dilemmas associated with the use of social media and the risks they pose to prosecutors, investigators, judges and juries. Building the Case Social media facilitates two major tasks of a prosecutor: develop corroborating evidence and gather information on potential witnesses. The use of social media outlets to aid in proving a crime or bolstering evidence that results in a conviction is steadily growing. Stories of defendants posting pictures demonstrating gang membership and drug possession have become commonplace. Suspects also implicate themselves in robberies and assaults with comments they post. Particularly brazen offenders ignore no-contact orders or terms of parole or probation, providing everything needed for a conviction. In some instances, victims have been able to identify incriminating evidence and deliver it to the authorities. When evidence lands in a prosecutor’s inbox, unsolicited, from the public, that evidence may be used for investigative purposes but it might not be admissible in court. The issue with such evidence becomes authentication, requiring a discussion of “distinctive characteristics” and a separate article. What is relevant to ethical considerations is how prosecutors obtain evidence from social media when they must seek out and find the information on their own and what steps are required to access the information. T When Words Matter October 9-12, 2012 St. Paul, MN |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://www.ncdsv.org/images/NDAA-CSPE_WillYouBeMyFriend_2012.pdf |
| Alternate Webpage(s) | http://www.ndaa.org/pdf/Green%20Update%20V6_No3_2012.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
