Social media is everywhere in this day and age, and the impact of these platforms on various aspects of our lives cannot be overstated. One area where this influence is particularly pronounced is within the criminal justice system.
The ubiquitous nature of social media has created a new frontier for legal professionals and individuals involved in criminal cases. In this article, we will delve into how social media affects a case and explore some crucial do’s and don’ts when navigating this digital landscape during a criminal proceeding.
The Power of Social Media on a Criminal Case
Social media is a great way to stay connected to family and friends. However, it’s essential to understand that what you post on social media platforms can affect your criminal case.
Evidence in the Digital Age
Social media platforms serve as a vast repository of information, often voluntarily shared by individuals. Attorneys, both prosecuting and defending, increasingly turn to these platforms to gather evidence.
Posts, comments, photos, and videos can provide critical insights into a person’s activities, relationships, and state of mind. Social media content has become valuable in building a case, from alibis to character assessments.
Public Perception and Jury Influence
The court of public opinion is no longer confined to the courtroom. Social media amplifies public discourse around high-profile criminal cases. Online opinions can influence public perception, potentially swaying the jury pool. Attorneys must be aware of this reality, as the defense and prosecution may leverage social media to shape narratives and garner support.
Witness Identification and Testimony
Social media platforms often facilitate connections among individuals, even those who are distant or unfamiliar. This interconnectedness can lead to the identification of witnesses, whether they willingly come forward or are inadvertently revealed through tagged photos or location check-ins. Additionally, attorneys may scrutinize the social media activity of potential witnesses to establish credibility or question reliability.
The Do’s and Don’ts of Social Media During a Criminal Case
Because social media can have such a profound effect on a criminal case, it’s essential to understand what you should and shouldn’t do on social media during your criminal case.
Social Media Do’s During a Criminal Case
1. Consult with Legal Counsel Before Posting
During a criminal case, the cardinal rule is to consult with legal counsel before posting anything on social media. Attorneys can provide guidance on what is appropriate to share and what should be avoided. This proactive approach can prevent inadvertently compromising your case through ill-considered online activity.
2. Preserve and Document Social Media Content
Preserving relevant social media content is crucial for both the prosecution and defense. Screenshots, links, and metadata should be documented meticulously to ensure the integrity of the evidence. This includes the content directly related to the case and any interactions that may become relevant later.
3. Adjust Your Privacy Settings
Understanding the privacy settings on social media platforms is paramount. Attorneys should educate their clients on how to adjust these settings to control the visibility of their profiles. Limiting access to personal information minimizes the risk of unwanted scrutiny and ensures that only intended audiences have access to certain content.
4. Monitor Opposing Parties’ Social Media Activity
Vigilance extends beyond one’s own social media presence. Attorneys should actively monitor the social media activity of opposing parties. This includes the prosecution monitoring the defendant’s profiles and vice versa. Any potential discrepancies or new evidence may emerge through these channels.
5. Present a Cohesive Narrative
Social media can be harnessed strategically to present a cohesive narrative that aligns with the legal strategy. Whether building a defense or presenting evidence, attorneys can use social media to tell a story that complements their case. Consistency and clarity are vital in shaping public perception.
Social Media Don’ts During a Criminal Case
1. Discuss the Case Publicly
Perhaps the most fundamental rule is to refrain from discussing the case on social media. This includes sharing opinions, details, or any information related to the ongoing legal proceedings. Loose lips on social media can sink legal ships, jeopardizing the case and potentially compromising the individual’s legal standing.
2. Engage in Online Arguments or Confrontations
Emotions can run high during a criminal case, but engaging in online arguments or confrontations is counterproductive. Avoid responding to negative comments or engaging in debates that the prosecution could use against you. Social media is not the place to air grievances or disputes related to the case.
3. Delete or Alter Social Media Content
Attempting to delete or alter social media content after legal proceedings have commenced can have severe consequences. This could be construed as tampering with evidence and may be used against the individual in court. It’s essential to leave digital footprints intact and let legal professionals determine the relevance of the content.
4. Overestimate Privacy Settings
While adjusting privacy settings is advisable, individuals should not overestimate the privacy afforded by these settings. Assume that anything posted online could become public, especially in a criminal case where legal authorities may seek access to certain information.
5. Underestimate the Impact of Social Media
Social media profoundly impacts public perception, legal proceedings, and the overall trajectory of a case. Individuals should be aware of the gravity of their online presence during this critical time. A single post or comment can have far-reaching consequences, influencing public opinion and the outcome of legal proceedings.
Let Jeremy Widder Law Help Protect You and Your Case
Social media and criminal cases in the digital age have created a complex landscape for legal professionals and individuals alike. By adhering to the do’s and avoiding the don’ts outlined in this post, individuals involved in criminal cases can navigate the social media minefield more effectively, safeguarding their legal standing and the integrity of the proceedings.
At Jeremy Widder Law, we understand the complexity of criminal cases and how social media can affect your criminal case. We can help you navigate the legal system and will advocate for you. Our team will ensure that your case gets the attention it deserves.
Contact us today for a consultation.
