Facebook, MySpace, and other social networks may be ways to stay connected to or reconnect with old friends, but for some, it could mean solitary confinement because things posted on Facebook may be used as evidence in a court room. Assistant professor of law, Amanda M. Foster, said, “There can be a lot of things these sites provide that can be useful. For instance, the things people send in messages, pictures they post, or even give someone an alibi,” said Foster.
Evidence that comes from these social networks may be beneficial in numerous ways. Law enforcement and prosecutors can use it to identify suspects and even build cases.
Reshma Daniel, freshman legal studies major, said, “I feel that it’s a great source of evidence. It’s a written document that just happens to be an online database.”
In a Niagaran County court, a judge increased the bail of a defendant who was charged with felony assault and misdemeanor weapon possession based on photos found on MySpace. The accused was released on $5,000 bail, but a prosecutor showed 10 additional pages on MySpace that showed him wearing gang clothing, holding up gangs signs, and standing with other gang members. Based on this information, the judge raised his bail to $50,000.
Posts, statuses, and comments can be used in the court room in several ways. For example, if a husband or wife twitters about getting a piece of jewelry, the court may view that as marital assets being disbursed to a third party. If a husband says to the court that he cannot pay a certain amount of child support due to his lack of a job and then posts about a day at work, then he could be in trouble.
Foster said that while social networks can be fun, they should be used with caution.
“Everyone is using it. It’s a generation thing, just use it in a smart professional way,” she said.
