Law & Legal & Attorney Criminal Law & procedure

Social Media Posts Putting People Behind Bars

These days everyone wants to post every moment of his/her life on the internet. Though it is mostly young users, there have been some adults who also have fallen victim to their status updates being used against them. These posts are no longer just being used by schools or parents to discipline their children; they are also being used by law enforcement and in court cases.

The most recognized instance of this currently is the Audrie Pott suicide. Audrie Pott was a California high school student who hanged herself after photos of her were shared with other students. These photos were of Audrie taken in the midst of an alleged rape by three boys from a night where she passed out after drinking too much. After she found out about the photos and learned more about the night, she committed suicide. Now her family is in the process of filing legal action against the boys for the rape and for leading her to kill herself.

Like Audrie, there was another similar instance with a young Canadian student. 17-year-old Rehtaeh Parsons was raped by four boys and watched her photos spread across social media for months. She committed suicide after being tormented for over a year. The school and the police did nothing when she reported the rape; but now the case has been reopened and they are using the photos as evidence for trial.

These cases are reminiscent of the Ohio case from last year when Ma'lik Richmond and Trent Mays were accused of raping and assaulting an unconscious girl and posting photos of her on all social media sites.

Not all examples lead to suicide and not all examples create a victim. A teen boy in Oregon, Jacob Cox-Brown was caught earlier this year for posting a Facebook update confessing his crimes. "Drivin drunkâEUR¦ classic but to whoever's vehicle i hit i am sorry.:P" he wrote, and later the police came to his house and matched his car damage with the parts left at the scene of the hit and run. Though he may not have gotten away with his crimes, posting it online for everyone (including the police) to see ensured that he would not.

Richard Gerald Godbehere, Jr., an adult, was arrested in Kauai a couple of months ago in Kauai for drinking and driving. He posted a video stating how it isn't legal to drink and drive, "but they didn't say anything about driving and drinking," so we takes a swig from his beer bottle while behind the wheel. After the video was posted, authorities arrested Mr. Godbehere for driving under the influence. He explained that it was only a joke and that the bottle wasn't really beer; but he was still arrested nonetheless. What he chose to post online for everyone to see is evidence that he was drinking while operating a vehicle.

Documenting everything blindly gets people into trouble. Whether it's a humiliating photo of a girl as a tool for bullying, a status convicting yourself of multiple crimes, a video without the joke explained, or a picture and a name of an alleged marathon bomber who suddenly must explain to family and friends that he did not attack the city; there should always be caution before bombarding every social network with your every move. As shown here, social posts can be used as evidence to convict criminals. It is likely that the boys involved with Audrie's and Rehtaeh's cases will be found at least partially guilty for the suicides, just like Richmond and Mays; and both Cox-Brown and Godbehere already have been arrested for their online actions.

A helpful reminder: just take an extra moment to consider posting your next thought or photo because that may be the one that can cause trouble.

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