Social Media in the Courtroom

Informationen zum Autor Thaddeus A. Hoffmeister is law professor at the University of Dayton School of Law. Klappentext Social media hasn't just changed society-it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined-some of which present ethical problems. Inhaltsverzeichnis PrefaceSocial Media vs. Other Forms of CommunicationIntroductionSocial Media PlatformsBlogCraigslistFacebookFoursquareLinkedInMyspacePinterestRedditSecond LifeTwitterYouTubeSocial Media Defined and Classified Part I Individuals 1. Crime Victims 2. Virtual Deputies Reluctant Virtual Deputies 3. Criminal Defendants Category I Crimes (Relaying Information)Online Category I CrimesOffline Category I CrimesCategory II Crimes (Gathering Information)Modern Category II CrimesTraditional Category II CrimesChallenges of Preventing and Prosecuting Social Media CrimesCriminal Penalties Targeting Social Media UseSentencing EnhancementsBanMonitoringDigital Scarlet Letter 4. Jurors Juror CommunicationsWhy Jurors Discuss the CaseLimiting or Controlling Juror Communications Part II Law Enforcement 5. Community Relations 6. Prevention, Apprehension, and Investigation PreventionApprehensionInvestigationFourth AmendmentFifth Amendment Part III Attorneys 7. Obtaining Social Media Information Independent ResearchSocial Media Users and ProvidersContent InformationNoncontent InformationMotion to QuashDiscovery 8. Using Social Media Inside the CourtroomOutside the CourtroomInvestigating JurorsSubpoenaing a Juror's Social Media Information 9. Ethical Implications of Using and Obtaining Social Media On the JobWitnesses and JurorsClientsFriends and the General PublicAdvertisingCommentaryOff the Job Part IV Judges 10. Personal Use and Ethics General PublicPrivate IndividualsIndependent Research 11. Inside the Courtroom Regulating Others 12. Admitting Social Media into Evidence RelevanceAuthenticationAccess and ControlDistinctive CharacteristicsHearsayBest Evidence RuleCharacter EvidenceConclusionAppendix A: Sample Preservation Request Letter (Law Enforcement)Appendix B: Sample Preservation Request Letter (Defense Counsel)Appendix C: Subpoena Point of ContactAppendix D: Model InstructionsNotesIndex...

Autorentext

Thaddeus A. Hoffmeister is law professor at the University of Dayton School of Law.

Klappentext

Social media hasn't just changed society-it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how.
While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined-some of which present ethical problems.

Inhalt

Preface Social Media vs. Other Forms of Communication Introduction Social Media Platforms Blog Craigslist Facebook Foursquare LinkedIn Myspace Pinterest Reddit Second Life Twitter YouTube Social Media Defined and Classified Part I Individuals 1. Crime Victims 2. Virtual Deputies Reluctant Virtual Deputies 3. Criminal Defendants Category I Crimes (Relaying Information) Online Category I Crimes Offline Category I Crimes Category II Crimes (Gathering Information) Modern Category II Crimes Traditional Category II Crimes Challenges of Preventing and Prosecuting Social Media Crimes Criminal Penalties Targeting Social Media Use Sentencing Enhancements Ban Monitoring Digital Scarlet Letter 4. Jurors Juror Communications Why Jurors Discuss the Case Limiting or Controlling Juror Communications Part II Law Enforcement 5. Community Relations 6. Prevention, Apprehension, and Investigation Prevention Apprehension Investigation Fourth Amendment Fifth Amendment Part III Attorneys 7. Obtaining Social Media Information Independent Research Social Media Users and Providers Content Information Noncontent Information Motion to Quash Discovery 8. Using Social Media Inside the Courtroom Outside the Courtroom Investigating Jurors Subpoenaing a Juror's Social Media Information 9. Ethical Implications of Using and Obtaining Social Media On the Job Witnesses and Jurors Clients Friends and the General Public Advertising Commentary Off the Job Part IV Judges 10. Personal Use and Ethics General Public Private Individuals Independent Research 11. Inside the Courtroom Regulating Others 12. Admitting Social Media into Evidence Relevance Authentication Access and Control Distinctive Characteristics Hearsay Best Evidence Rule Character Evidence Conclusion Appendix A: Sample Preservation Request Letter (Law Enforcement) Appendix B: Sample Preservation Request Letter (Defense Counsel) Appendix C: Subpoena Point of Contact Appendix D: Model Instructions Notes Index