From staying in contact with family to forging new connections, social media plays a key role in our lives. The trouble is, it's easy to forget just how public those seemingly private messages can be. And, as this article highlights, the nature of social media and its widespread popularity presents many challenges for one of America's greatest institutions – the legal system. Below, we summarize the main ways social media currently impacts the justice process and how we can expect these platforms to influence legal procedures moving forward.
While you should email or call the Lento Law Firm Criminal Defense Team at 888.535.3686 immediately for representation, here's a summary of how social media could impact our legal procedures and due process – and what the impact means for defendants.
The Risk to Defendants' Rights
Every American, no matter what charges they face, deserves a fair trial with impartiality, a thorough evaluation of evidence, and a decision based solely on that evidence. However, from viral online activist campaigns to the spreading of misinformation across platforms, there's a significant risk that social media could be eroding these rights.
Social Media Content as Evidence
It's safest to assume that anything shared on social media could, in theory, become part of a future criminal or civil lawsuit. Whether it's pictures, comments, or even seemingly private messages, there's never truly any guarantee of privacy.
For example, courts could subpoena a string of messages in a domestic violence case. Or they may deem that even a single comment on a social media post is a restraining order violation. It's sensible to take care when posting on social media and remember that any post could eventually be public.
The Dangers of Bias
Legal professionals, including attorneys and judges, are expected to uphold and protect the principles of fairness and impartiality. However, it's not unheard of for lawyers, paralegals, support staff, or even judges to browse social media to learn more about a defendant prior to a case. They might even post comments or opinions, which could fatally impact the public's perception of a defendant.
Only time will tell how the intersection between professional conduct and impartiality, and social media usage, will play out. However, professionals must take the utmost care to avoid any conduct which could be deemed prejudicial.
Social Media: Friend or Foe?
As social media retains its popularity, social media evidence will continue to play a key role in many criminal matters. And while there's always the risk that one social media post or message could be detrimental, it's worth remembering that social media evidence can also help to craft a successful defense.
In all cases, though, it's crucial that those who stand accused of crimes have confidence that their best interests – and their rights to due process – are protected. And that's where we come in.
When you retain the Lento Law Firm Criminal Defense Team, rest assured we are in your corner. We will stand by your side throughout the entire process and vigorously defend your rights. Call 888.535.3686 or message us online to retain our lawyers and build your defense.
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