15. Judges should
avoid expressing views or sharing personal information online
that can potentially undermine judicial independence, integrity, propriety, impartiality, or public confidence in the judiciary.
Social media conduct creates
opportunities for lawyers to better understand the beliefs of potential jurors
, and it may even provide grounds to challenge jury verdicts on appeal or even in post-conviction proceedings in criminal cases.
Judges may use social media
to make law-related statements
, just as in traditional settings, provided they carefully evaluate what they intend to post and monitor reactions to posts to ensure ongoing compliance.
Social media can facilitate two-way,
interactive engagement between the courts and the public
. Social media can thereby help to reaffirm public confidence in the legal system, including by assisting courts to build more personal relationships with individuals by showing a more ‘human’ side to the judicial system.
→ While
judges are not prohibited from participating in online social networks
, such as Facebook, Instagram or Snapchat, they should exercise restraint and caution in doing so.
Social media posts and even private messages regularly end up being used in
criminal cases as evidence against a defendant
. … Everything that is posted on social media or even words and phrases searched on your computer are subject to being found by law enforcement and being used against you in a court of law.
Can judges comment on cases?
A
judge may comment publicly on proceedings in which the judge is a litigant in a personal capacity
, but not on mandamus proceedings when the judge is a litigant in an official capacity (but the judge may respond in accordance with Fed.
Can those comments be used in court? Whether it’s Facebook posts and comments, Instagram pictures, Twitter tweets or YouTube videos, the short answer is yes:
both public and private social media content can be admissible in litigation.
How does the media impact a court case?
In the investigative and discovery periods of a criminal law case, police and prosecutors often
gather supporting evidence from social media
. They can use it to corroborate a witness or discount a suspect’s statements. They may also find evidence of intent to commit a crime, which can lead to additional charges.
Can the media influence a jury?
Jurors’ decisions may be influenced by a broad range of legally relevant information gleaned from
media sources
, including newspaper reports, radio and television news, advertising, movies, and televised crime shows and courtroom scenes.
Can police use Facebook as evidence?
Facebook. Facebook, a social network service, is increasingly being used by school administrations and law enforcement agencies as a source of evidence against student users. … Legal experts agree that
public information sources such as Facebook can be legally used in criminal or other investigations
.
Social media defamation
is often referred to as ‘social media slander’ or ‘slander on social media. ‘ However, these terms are technically misnomers; since social media defamation involves the written (or in this case, “posted”) word, it is considered libel.
Where one party to litigation is compelled, either by reason of a rule of court, or by reason of a specific order of the court, or otherwise, to disclose documents or information, the party obtaining the
disclosure cannot
, without leave of the court, use it for any purpose other than that for which it was given unless …
“
A judge may participate in electronic social networking
, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge’s independence, integrity, or impartiality, or create an appearance of …
How can the media influence a person’s right to a fair trial?
Trials by media, by now a fairly well known concept, goes straight to the issue of protecting the right to a fair trial. Media coverage (not to mention social media) now
allows us to hear, judge and condemn those accused
, all from the comfort of our own home.
What Is Social Media? Social media is
a computer-based technology that facilitates the sharing of ideas, thoughts, and information through the building of virtual networks and communities
. … Users engage with social media via a computer, tablet, or smartphone via web-based software or applications.
