How Facebook can Make or Break a case

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MSI
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How Facebook can Make or Break a case

Post by MSI » Tue Jul 27, 2010 2:35 pm

July 27, 2010: Eric Meyer of Legal Intelligencer writes about How Facebook Can Make or Break Your Case
Which includes:
  • Facebook has over 500 million active users.
    Twitter users are recording an average of 55 million tweets a day.
    If an employee files suit against your client, what are the odds the employee uses social media? I'd say they're pretty good. Just imagine missing the Facebook post: "I'll do whatever it takes to get back at my employer."
    In EEOC v. Simply Storage Management, a federal court permitted an employer to obtain discovery of an employee's social networking activity that, through privacy settings, the employee had made "private" and not available to the general public.
Goodbye Privacy! See the full article How Facebook Can Make or Break Your Case
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brian
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Re: How Facebook can Make or Break a case

Post by brian » Tue Sep 21, 2010 4:53 pm

Sep 21, 2010: And from law.com some additional information on Using Social Network Evidence in Family Court
Particulalry for family law cases, a survey cited Facebook as the "unrivaled leader for online divorce evidence," noting that 66% of those surveyed cited it as a primary source.
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brian
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Joined: Tue Jul 14, 2009 10:52 am

Re: How Facebook can Make or Break a case

Post by brian » Wed Sep 29, 2010 1:42 pm

Sept 29, 2010: The Role of Social Media in Sentencing Advocacy
which begins
  • "Embarrassing Facebook photos and regrettable MySpace statements are starting to become commonplace in pre-sentencing reports and disposition hearings. At the same time, defendants and their advocates are acknowledging the power of social media as a tool to generate mitigating evidence. While there seems to be an unending supply of negative and inculpatory postings in social networking profiles, there is also the potential for uncovering a humanizing portrait for the defense to present at sentencing."
and includes in the conlcusions:
  • Due process must temper the unchecked use of aggravating social media evidence at sentencing, as well as arraignment and other proceedings. At the same time, these online forums are opening unprecedented opportunities for developing mitigating evidence that can provide courts with a fair picture of the person appearing for sentence.
See the full article:The Role of Social Media in Sentencing Advocacy
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MSI
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Re: How Facebook can Make or Break a case

Post by MSI » Thu Mar 08, 2012 10:10 am

March 2012: In yet another example of how social media can wreak havoc on the legal process: In a Raleigh NC high profile murder case the SBI has been called in to investigate whether jurors tweeted or posted up information on the status of juy deliberations.
The article begins:
  • Wake County Superior Court Judge Donald Stephens asked the State Bureau of Investigation on Tuesday to investigate whether jurors discussed the Jason Young retrial outside of court, an action that could trigger a second mistrial after Young was convicted of first-degree murder Monday.
    In a letter Tuesday to SBI Director Greg McLeod, Stephens said he received information from WRAL-TV that postings on the Raleigh TV station’s Facebook page said they knew of a juror who “texted or discussed the case in the presence of other members of the public” and another who spoke about it prior to the verdict.
See the full article: Judge asks SBI to investigate jurors in Jason Young trial
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