Even though it’s typically used for entertainment and recreation, social media is directly impacting criminal justice. Instagram, Facebook, Twitter and Snapchat are channels of communication but also public sources of information about you. And social media and the criminal justice system are joining forces to track criminal behaviour at every level. Additionally, citizens are doing their part by using these sites to document criminal behaviour and confessions.
But how is social media influencing the criminal justice system as a whole? Let’s find out.
Social Media and Criminal Justice: What You Need to Know
Let’s explore how social media platforms are affecting criminal investigations, law enforcement, criminal justice and community interaction.
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Its Impact on the Investigation of Crime
Social media platforms are turning into a critical component in investigating crime on all levels. Authorities are taking to sites like Facebook and Twitter to keep their community informed about local crimes. There they post surveillance footage, crime scene photos and get the word out about ongoing police action.
Along with publishing content allowing them to apprehend criminals, police departments are also acquiring subpoenas to access private messages to help with investigations. In numerous cases, investigators have built and made cases against suspects by gaining access to their social media accounts. This is possible as private messages generally contain correspondence that might directly or indirectly link them to a crime.
Additionally, criminal justice professionals are using social media to identify suspects, procure tips on criminal activity, find missing persons and track organized crime. Investigators don’t need any kind of special privileges to obtain private information on users in these cases.
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Its Role In a Criminal Case
Do you believe that your personal information on social media is safe and protected? You’ve adjusted your privacy settings after all. Think again. Many platforms, including Facebook, actively cooperate with law enforcement to reveal such “protected” information without any court order or subpoena. Furthermore, prosecutors may go through your profiles looking for connections with criminal activities and evidence of illegal acts.
a) Your Information Is Admissible
The information provided on your social media accounts is typically admissible in court, but this depends on the severity of the case charges against you. Your criminal lawyer can guide you in this regard if you’re facing charges. Additionally, the prosecutor may use collected data to mischaracterize you, leading a jury to believe you are indeed capable of committing the crime of which you are accused.
b) It Can Damage Your Defence
It’s the duty of your lawyer to defend you in court. However, you can put yourself in serious trouble by making certain pieces of information available on your social media profiles. The activities that can most negatively affect your defence include:
- Messages or posts that show you committing crimes or acts of violence against people or property.
- Threats via instant messaging or texts.
- Instant messages or texts exchanged with someone with a criminal history.
- Negative comments made against individuals directly involved in the case.
c) Attorney-Client Privilege
During a criminal proceeding, the only person who is safe to speak to is your criminal defence attorney. Attorney-client privilege ensures that whatever you say to them cannot be passed to anyone else, including a family member or other loved one. This is beneficial as anything you say may blindside your defence and can be used against you.
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Ways to Defend Yourself Against Social Media Criminal Charges
Keep in mind that even if you communicate with your counsel via email, text, or other electronic means, it is not a good idea to share this communication via social media. This could be considered a waiver of solicitor/client privilege and may be used against you in Court. Furthermore, it can divulge important information about your case to the Crown, police, and public at large. The sanctity of solicitor/client privilege is crucial to a healthy relationship between you and your criminal lawyer. Do not compromise it in order to get likes on Twitter.