...Social Media and the Courts All a man's ways seem innocent to him, but motives are weighed by the LORD." -Proverbs 16:2 Social media refers to the means of interactions among people in which they create, share, and exchange information and ideas in virtual communities and networks. Andreas Kaplan and Michael Haenlein define social media as "a group of Internet-based applications that build on the ideological and technological foundations of Web 2.0, and that allow the creation and exchange of user-generated content. Furthermore, social media depend on mobile and web-based technologies to create highly interactive platforms through which individuals and communities share, co-create , discuss, and modify user-generated content. It introduces substantial and pervasive changes to communication between organizations, communities and individuals. Social networking rapidly has become a valuable intelligence-gathering tool for law enforcement agencies, as well as a source of evidence for defense and prosecution personnel who search Facebook pages, Twitter feeds or YouTube videos seeking to discredit witnesses, establish law enforcement bias, track down evidence or establish associations between gang members. Often, perpetrators brag about their crimes on social networks, and child pornographers and sexual predators have been located and apprehended...
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...Knox, George Zimmerman and many others. What do all of these cases have in common? Large amounts of controversy and media coverage. Extremely publicized cases such as these. It's hard to stray away from opinionated information given when you're a juror, to stick to the facts and evidence given in the courtroom. The media is everywhere, we interact with it all the time in our daily lives. Whether we are watching the news, reading a magazine, or even checking our phone on various social media. When looking for jurors for a case it is difficult to find someone with little to no exposure to the case. The jurors aren't allowed to hear and see the media coverage of the case, but when a case is highly publicized it's harder to stay away from the media because it's all around us. “Social science studies has found that ‘exposure to the various media had a prejudicial impact on people, as they were unaware of their biases.” Upon hearing what the...
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... I would like to thank the authority of Southeast University for providing us with a good environment and facilities to complete this assignment and also for offering this subject “Media & Information Technology Law”. Finally, an honorable mention goes to my family and friends for their understandings and supports on me in completing this assignment. Without helps of the particular that mentioned above, I would face many difficulties while doing this. Abstract: “Fair is foul and foul is fair” recollecting the lines enshrined in Shakespeare’s play Macbeth, one could indisputably perceive what is contemplated acceptable today may conceivably be malevolent and vice versa perchance deplorable now and adequate in future. To understand the antagonism of free trial and free media one has to reflect on the evolutions of court and media and its present scenario. The judiciary and the media share a common bond and play a complimentary role to each other: man is the centre of their universe. Both the judiciary and the media are engaged in the same task: to discover the truth, to uphold the democratic values and to deal with social, political and economic problems. Media, as referred to by many as the “eyes and ears of the general public”. This actually calls for the existence of a responsible media. Louis XVI, while in the Temple prison saw books by Voltaire and Rousseau said that these two persons have destroyed France; rather they destroyed feudal order and not...
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... ( In Pennekamp V. Florida ) ABSTRACT In rapidly changing socio-economic condition of a country like India, the media plays a vital role in moulding the whole viewpoint of society hence it is often quoted that media is the fourth pillar of Indian democracy. Violation of human right has many dimensions and one of such dimensions finds in the trial by media. In India trial by media has assumed significant proportions. There are many cases in India where media showed its importance by continuously highlighting it, such as Priyadarshnimatto case, Nitishkatra murder case, Bijaljoshi rape case, Aarushitalwar case, Jessica case etc. Media has now reincarnated itself into a “public court” (jantaadalat). It use to watch out injustice, which has conducted the trial of an accused and passed the own verdict even before the pronouncement of judgment by the court. By this way, it prejudice the public and sometime even judges and as a result it violates the basic principle of criminal jurisprudence i.e.; ‘’presumption of innocence until proven guilty and guilty beyond reasonable doubt’’. This paper focuses on the rights of accused such as his right to fair trial, right to privacy and right to dignity, which are a violation of basic human rights guaranteed not only under Indian constitution, but also by many international organizations. Media trial along with revolutionary sting operations is an appreciable effort which helps government more accountable. But it must...
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...Media in the Courtroom COM 150 February 27, 2011 Media in the Courtroom In this day and age the public looks for information though the media to inform them on what is happening in the world today, but with all the different ways that we have to receive information via the newspaper, or TV news, should we also allow cameras onto our courtrooms? There have been several debates on whether or not cameras should be permitted in the courtroom during court proceedings even though the media feels that they have the right to inform the public about how the justice system works, while some feels that it is more for entertainment, and others feel that it is just an invasion of privacy on the part of the victim and the witnesses. In my paper I will examine both sides of the argument and leave it up to you to make your own decision on whether or not cameras should be allowed into the courtroom. The media has been reporting trials for decades by the use of newspapers and or radio. But in 1935 television broadcasted one of the first trials which they called “The Trial of the Century”. The trial that I am speaking about is the Lindbergh baby trial, it was a highly publicized trial that may have started the debated on whether or not cameras should be allowed into the courtrooms. From the day the trial started hundreds of reporters would flack to the court house in the town of Flemington, New Jersey. The media had gotten so out of control that judge Trenchard had to ban the use of all typewriters...
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...unprofessional” comments concerning the defendant. (Michael A. Smyth v. The Pillsbury Company, 1996). The courts found that the termination was not violating any privacy laws. The courts applied the case of Borse v. Piece Goods Shop, Inc. 1992 to the Smyth case. In the Borse case, the courts found that someone who intentionally intrudes on another either physically or by some other manner, which concerns their private affairs, to be held liable if this intrusion is considered highly offensive to any reasonable person. (Sarah Borse vs. Piece Goods Shop, Inc., 1992). The email communication between Smyth and his supervisor was done voluntarily by Smyth, he had done so on his own free will. The second assumption by the courts is that there is no assurance that emails sent over the company system would not be interrupted by others. The third notion is the email system is used companywide so the expectation of these staying private is lost. (Samson, 2013). The courts stated that the interested of the company preventing illegal activity, inappropriate and unprofessional comments over the email system outweighs the privacy interest of any employee. (Michael A. Smyth v. The Pillsbury Company, 1996). Bibliography Sarah Borse v. Piece Goods Shop, Inc., 91-1197 (United States Court of Appeals, Third Circuit May 29, 1992). Michael A. Smyth v. The Pillsbury Company, 95-5712 (United States Court for the Eastern District of Pennsylvania January 23, 1996). Samson, M. (2013). Michael A. Smyth v...
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...There are several factors that can influence justice in America. I find that you can read and work up information all day on justice in America as far back as history goes. The constitution of the United States Supreme Court helps set careers and regulations of factors that do influence America. Some of them can vary in topics from your race, crime, prisons, policing, and courts. Organized crime may be defined as systematically unlawful activity for profit on city guide interstate and even international scale. Crime organized keeps their illegal operations percent and members confer by word of mouth. Gangs sometimes become sufficiently symptomatic to the call organized. The act of engaging in criminal activity as a structural group in referred in the United States as racketeering. The criminal organization depends on the part of support from the society in which it extends. It is frequently expedient for it to compromise some of society’s upright memories, especially people in the judiciary, police forces, legislature, and cultivation of mutually dependent relationships with legitimate business. The five factors that influence a justice decision are Constitution, Precedent, Judicial Philosophy, Intent, and Public Opinion. According to an article I read in a book from David O. Carpenter the Constitution states, “We, the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote...
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...The Influence of Media in Judicial System The Influence of Media in Judicial System How many times has there been an innocent person released after more than a decade of serving in prison? Does media frenzy have an effective role in matters like this? Does everybody believe in the saying “innocent until proven guilty?” With much variety of media’s entertainments, public interest, as expected, has been increased, and it is still increasing. Despite the fact that it is good for people to be aware of what is going on around them, there has to be a line to how much media can interfere into life of others. The presence of media in the courtroom assures that people would be informed of how the legal system works besides of being an observer of a fair and unbiased trail. But their presence in the courtroom with cameras, tapes, and other especial equipments would cause more harm than benefit. Freedom of speech in addition to people’s interest in drama of the courtroom stimulates media’s curiosity in legal matters, and sometimes this curiosity will defy the privacy of others. Media’s influence on public and especially on jury repeatedly has caused the change of the verdict, an example of this influence is a case from Capital Defense Network; “Conviction for murders, armed robbery and attempted rape with a punishment of death was reversed and remanded for retrial because juror read news accounts detailing defendant's prior assault of a woman with a hammer...
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...by a Texas federal district court of conspiracy, securities fraud, making false representations to auditors, and insider trading. Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. II. Defenses claimed by the defense Criminal trials are normally held where the crime was committed, however, the defendant may request a change of venue if they believe that bias where the crime was committed would prevent them from receiving a fair trial. Mr. Skilling argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the crime and media coverage. I also believe that Skilling’s jury acquitted him of several charges, due to this face I believe that it is very unlikely that there was any juror prejudice. Even though the media coverage of Skilling seems to all be positive, I do not believe that it was not to the necessary level to show that there would be juror prejudice. Due to all of these reasons, I do not believe that the district court made any errors by denying Skilling’s...
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...Media. News and social media has shown police officials using excessive force. This kind of media is nothing new to the public. The media is everywhere and never gives the full story. The media displays exciting titles to grab people’s attention and posts to social media articles to get people talking. How much of the media is actually true? Why do we hear so many negative events but when something positive happens the media is nowhere to be found? The news sources have given law enforcement a bad name. “Now is the time that not many people want to be police officers because of media” (Scott Jackson, personal interview, May 9, 2016). There are so many examples of how the media have made a bad situation even worse. Smith (2016) describes one example that occurred on August 9, 2014, when Michael...
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...Publishing Group, 572 F.3d 1201 (2009) In today’s society, privacy laws have become of a great concern to the courts. Many legal claims are being filed by the people concerning privacy issues. Privacy laws are among the most difficult issues to handle in today’s mass communication. This issue can be traced back to Louis Brandeis and Samuel Warren, who wrote an article concerning the people’s right to privacy. Nowadays, no one can be too careful when it comes to privacy because any information that reaches the press can be used to their advantage. The press does not have the right to decide whether the information gathered or provided to them is newsworthy or not, this is for the Constitution to decide. An individual should have the right to be protected by the government when the media abuses their power. The people should have the right to do or say whatever they feel at the moment without having to worry about the media. According to Zelezny, “Privacy-related lawsuits against the media have continued to escalate in the new millennium. The media successfully defend against most of these lawsuits. Yet there are enough plaintiff victories to rouse more plaintiffs…” (178). The media constantly monitors the government, but the government does not monitor the media enough. This is the reason why the courts are bombarded constantly with law suits. Government has let the media abuse of its freedom and this is why privacy has become a great issue in society. The First Amendment protects...
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...Accessing Social Media in an Investigation With so much information being exchanged and shared online, it makes sense to see social media as a rich source of material for both plaintiffs and defendants to use in investigations, but getting access to the relevant data isn’t always a simple matter of clicking on a page. Many users of social media have privacy settings that restrict access to the information they post. In certain cases, the court has ordered that passwords be disclosed, but this is extreme. The decision to order the exchange of log-in information has been based on evidence showing that something relevant to the investigation is probably in the private or non-public part of a social media page. A judge might request a user to provide the evidence from his or her own social media pages to lawyers for the other side. But without a formal request for disclosure, investigators and attorneys may be left with some difficult dilemmas. Recent cases in which parties in a dispute have ‘friended’ someone to gain access to their social media posts have shed light on what the courts consider to be acceptable. Evidence gained by this kind of deception has not held up so far. It also violates the terms of service set out by some social media platforms and has prompted some states to address the practice in writing. The California Penal Code 528.5 says: “Any person who knowingly and without consent credibly impersonates another actual person through or...
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...The Media vs The World My face is glued to the television as I await the verdict that I had so anxiously wanted to hear for years. To no surprise, it was not a verdict we had all hoped for, partially due to the media. The Casey Anthony trial, is just one of the many that have fallen into the classification of a “media trial,” a loose term that describes the profound impact media coverage has on a person’s reputation by creating a pre-assumed perception of guilt or innocence, before, or after a case goes to court. This pre-assumed perception gives the general public, potential jury members, an impartial view on a court case, overall, influencing the system of American justice. This injustice, especially in high profile cases, happens when jury members, sometimes court officials, simply want to gain their “five seconds of fame.” Now an additional problem lies within the simple, yet complex, fight between the right of free press and the right to an impartial jury. Let’s face it, there is no such concept as an impartial jury, simply due to the media attention that trials receive these days. Within this main problem, lies many problems that interfere with the American idea of justice. Are we craving, and striving to find entertainment, or justice? One problem that stems from media that could possibly add to jury bias and court outcomes, it is what lawyers refer to as the “CSI Effect.” Named after the hit television show, this phenomenon describes the distorted view crime investigation...
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...Media In The Courtroom Media in the courtroom can profoundly change and alter the outcome of a trial by allowing society to form an opinion before justice prevails. How is that possible, from Judge Judy to the Supreme Court society wants to be involved by any means possible to give their opinion on how justice should prevail? The journalists and television companies sell this belief, they hide behind the first amendment rights to air and publish any information that in turn helps to sell their product. Society is blinded by the need to know mentality, they have not realized the end results may not end in their favor. The only time society sees an error in our system is when the error affects their lives. Reality T.V is a catalyst to this need to know mentality. Cameras, Television, Radio, Internet, and Journalists these are the instruments that set criminals free. Ladies and Gentlemen I intend to prove without a reason of doubt that media in the courtroom is detrimental to the process of a fair trial and a defendants right to due process. As John Q public should be aware the justice system is a process to keep society safe, if they interfere with that process how can they say lady justice prevailed. Let’s say they have a defendant who has been accused of killing 10 people he has signed a confession of guilt and of course has hired a lawyer. First he is arrested and informed of his rights. Next they go into the courtroom where a judge informs him of his rights and his...
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...The U.S. Supreme Court examines the balancing act of a public employer with its employees First Amendment Rights. A high school teacher wrote a letter to local town newspaper criticizing the board of education management of funds between athletics and academics. The teacher was terminated and sued claiming his First Amendment rights were violated by the board. The Court found that public employees, such as teachers or firefighters are entitled to some First Amendment protections (In Pickering v. Board of Education (1968)). The challenge is to discover the balance between the interests of the public employee, as a citizen, when commenting about issue that concern the public, as an employer, in promoting the manner in which service is provided to the customer. The teacher’s letter did not involve any personal attacks on supervisors or coworkers and was sent to the editor of the newspaper. The court determined that the board sole interest was to limit the comments made by the teacher which is why he was terminated. This case gave rise to several other cases which created a time period of...
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