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Social Networking Sites Becoming Useful For Lawyers
chareverie writes "With how the internet has become, social networking sites such as Facebook and MySpace have become a tool for crime solvers, employers, and now, lawyers. Two weeks after Joshua Lipton was charged in a drunk driving case, the college junior attended a Halloween party dressed as a prisoner, with the words 'jail bird' on his costume. Not surprisingly, his prosecutor was able to obtain photos of him at the party that were posted on Facebook, and claimed he was an 'unrepentant partier who lived it up while his victim recovered in the hospital.' The photos were presented in a slideshow, with one of them showing Lipton holding a can of Red Bull in one hand, and an arm draped around a girl bearing sorority letters. The judge agreed with the prosecutor, and changed Lipton's sentence to two years in prison. The article also cites other instances of people getting harsher sentences from pictures of them posted online."
title should be "useful for prosecutors". while prosecutors are "lawyers", this article and topic is far more specific.
... of douchebaggery.
Last week some 18 year-old punk was speeding and hit two women who were in town from St. Louis to see the Cardinals play the Phillies. One of them later died.
The cops found his MySpace page, and it's apparently full of pics of him drinking and smoking pot, and the article even says he used a mugshot from a prior arrest as his default photo. The cops got wind of it and snagged his computer and other stuff from his house with a search warrant, and they'll probably use it to stave off any attempt at the "but he's a good boy who just made a mistake" defense.
After reading the article, I am completely disgusted... especially with his parents, under whose noses it seems much of his bad behavior has been going on. Call me old-fashioned, but I think parents should try to raise their kids to, you know, not be a colossal fuckup.
The best part, IMHO, is that for all his "I'm just Mr. Buster Badass" posturing on his MySpace page, he is apparently throwing up in jail because he's so scared (insert derisive Nelson Muntz laugh here).
~Philly
The laws should be defined more explicitly, so that the same punishment for the same crime can be applied.
Leave it up to the judge and jury. They will have intimate knowledge of the case, a legislature hundreds of miles away won't.
People with certain personalities
Personalities? What in the hell? Is "dumb" a personality? Read the article, man. People like this deserve to go to prison.
and as we know certain races,
No, I don't know.
get effected disproportionally because the law gives too much flexibility in determining the severity of the punishment.
Wait, what?
too much flexibility
All right. How about this: mandatory death sentence - Texas style, not California - for anyone convicted of drunk driving.
Happy, now?
Any fucktard that drives drunk deserves - at the very least - a serious asskickin'.
"The fight for freedom has only just begun." - Geert Wilders
I don't have a problem with this. The kid obviously did not take the weight of the crime he committed seriously - he acted with contempt and callousness. Someone who acts like this, versus someone who does something bad but admits he was wrong and regrets it, should, as far as I am concerned, receive more punishment.
As far as you claims about race is concerned, that is totally bogus.
This is correct use of technology- hands down, a winning proposition.
Now, it may not be so when prosecutors dredge up photos unrelated to, older, than, or from a different person with the same name, so this only argues for more transparent ways for hosts, services, and users to find unshakeable ways to authenticate what happens under their aegis. opt-in automatic encrypted transmission watermarks, anyone?
responsibility, what a concept!
(or learn 2 anon, use 7 proxies, etc)
I don't understand the problem here either. This is two "OMG Privacy" stories that have come up in the last few days. This isn't "OMG Privacy". This is quit being a fucking moron and advertising your private life to 3rd parties or the world. In each of the three cases I am fucking glad they found those pictures. Those pieces of shit deserve to be rotting in prison instead of out partying after that crap. In case you skip the article it talkes about 3 cases of DUI, in 2 of which people died and the third almost died. Then these pieces of human filth went out partying and posted pictures showing exactly how seriously they took the fact that they went out driving drunk and murdered someone. I am personally very happy these fuckwits posted these pictures and the prosecution found them. In at least two of the cases mentioned here the bastard was probably going to get probation.
So...let me put it this way. If you are a worthless dumbass criminal making life worse for other people PLEASE PLEASE PLEASE post pictures of yourself doing illegal things online. Record yourself talking about the crime and make it an mp3. Take videos of you beating hobos or other nonsense and put them on youtube. I would much rather a society where the criminals effectively go to the authority and say "Hi, I'm a fucking moron criminal asshole, please arrest me!" than the world where the cops have to wiretap, and search, and investigate. So, please, in the interest of keeping our society free, go post your stupidity online, make it easy to find, that way the authority can leave the rest of us the fuck alone since we aren't doing anything wrong.
The only change I can believe in is what I find in my couch cushions.
The amount of true remorse that a defendant feels and expresses can and should be used when determining sentencing. It's called a 'mitigating circumstance.'
... but on the "races" bit, yes, for the same offense, blacks more often get jail time while whites walk. Justice might be blind, but it ain't colour-blind when it comes to sentencing.
I've heard that, but I'd need to see some actual data. Not a press release from a Leftist "thinktank".
I suspect the gap would magically disappear if you took the socioeconomic levels into account. I'm sure a poor white kid (with a public defender) would get a worse sentence than a black kid from a rich family (with a family-hired lawyer).
"The fight for freedom has only just begun." - Geert Wilders
The claim that blacks are being unfairly punished is a totally bogus one.
No, it isn't. See http://archives.cnn.com/2000/LAW/05/04/civil.rights/index.html and http://sentencing.typepad.com/sentencing_law_and_policy/2006/01/should_criminal.html for starters.
#!
So what we have is a guy who was known for drinking alcoholic beverages, now drinks non-alcoholic Red Bull instead. Any lawyer worth his or her fee, would've pointed out this evidenced change in behaviour as a sign that the subject no longer drank, and therefore should have a reduced sentence.
It's all down to the interpretation.
politicians are like babies' nappies: they should both be changed regularly and for the same reasons
until such time as the preponderance of judges and attorneys can be embarrassed by archival pictures/movies on the Internet.
#!
Did I get that right? He went to court, got away with a rather mild verdict, then the prosecutor showed that he is "partying" and this is grounds for a more serious conviction?
Hello? Did partying now become some sort of grounds for a harsher verdict? What should he have done? Mourn and weep for at least 2 years or whatever the court deems "appropriate"?
This is sick, people. This means you're not only judged for what you do but also for what you feel.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
If he were black?
The same would have happened of course. He'd still have a rich and influential father.
Obama admitted to doing drugs, and he's not going to jail.
Yet, once he's president, he'll have the official capacity to pardon all non-violent drug offenders... think he'll do it???
Buckle your ROFL belt, we're in for some LOLs.
I work as an Orientation Leader at my college; familiarizing incoming freshman with the campus and what it's like to be a college student, etc. One of the things we warn them about is to not put anything on facebook that they wouldn't want their family to see. Of course, they don't listen and we've had RAs write kids up for things they've done just because the RA saw pictures of it posted on facebook.
When kids get their room assignments, they instantly check their roommates out on facebook. Every now and then we hear stories that even before they've met the roommate, parents ask for a new one because the roommate's facebook page makes them worry the kid might be gay.
This sig is false.
I actually read the article to see if it was as bad as it sounded... and yes it is.
First of all, he was drinking Red Bull, which is non-alcoholic, and while he was at a party I'd be thinking he'd be excited to be alive. Just me though.
The other cases in the article are just as bad. A lady at a party drinking wine after a car accident? Wine just screams alcoholic!
The prosecution is saying she should be in AA? They know that she's an Alcoholic and didn't just make a bad choice? She's no longer aloud to drink anymore because of a bad choice? AA doesn't teach you to act correctly when you drink, it tried to get you to stop drinking completely
And to say "she was doing nothing but having a good time" is insane. Obviously she's been going from party to party non-stop for the past X months. How do you know she WASN'T going to AA? Just because you have a picture of something less than appealing doesn't mean you have to whole story.
I have to imagine they'd have more than that for a Judge to up the sentence to two years. Not to say I don't think they deserved it but expecting people to become inhuman because of an accident is just plain stupid. A guy drinking red bull is a good example of just how RANDOM these pictures can be and yet they are grounds for upping a sentence? give me a break.
Speaking as someone who got run over by a Ford Explorer driven by a drooling idiot, I bet you'd feel quite differently if this dumbass had put your stupid ass in the hospital.
The most miserable part of going through months of surgeries and rehab to try to put your life back together is knowing that the jackass that hit you isn't even sorry about it. I got a year of misery and she got a new car.
When he gets out of prison, he should have to take care of her lawn and clean her house once a week for the next 20 years. Every time he doesn't perform the work to her satisfaction, it's another week in jail.
You can take that Red Bull and shove it. I don't give a shit what he was drinking. Putting on that costume and making a joke out of the misery he caused would have gotten him five to ten if I were a judge.
A little misunderstanding? Galileo and the Pope had a little misunderstanding...
Most things I hear or read deal with sentencing disparities based on the race of the victim. Here's a GAO report (PDF) from 1990 submitted by what appears to be the Senate judiciary committee. Strom Thurmond is listed among the submitters. He's hardly leftist.
From the findings:
The findings section does discuss some reasons their results are not the last word on this subject.
http://archive.gao.gov/t2pbat11/140845.pdf
When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
I can tell you here in the south that if a black and a white both get busted for drugs,the white will get rehab and the black will get the pen. I have also been slammed up against the police car and had the cop tell me to my face " I don't know which makes me more sick: a long haired freak like you or the nigger you're riding with". So yeah,I hate to break the news to you,but the clean cut white boy walks while the black rots in jail. Is it fair,hell no. But that is the way it is. Unless you increase police pay by a hell of a lot more than it is now you are going to always have bullies taking the job for the power.
I have also sat in court waiting to buy my way out of a pot bust(I know,a long haired white boy that smoked pot:shocking) and watched as black kids that had less than I did get sent up for anywhere from 6 months to as high as 3 to 5. Meanwhile I paid $800 and got told after my lawyer had a nice little behind the scenes talk with the judge to "have a nice day". Is it fair? Again,not so much. But as the old saying goes "money talks". I was just surprised how little money it took to walk away. But don't ever doubt for a second that your race, appearance and financial status affects how you are treated by the law. And as always this is my 02c based on my experiences with the system,YMMV
ACs don't waste your time replying, your posts are never seen by me.
This is sick, people. This means you're not only judged for what you do but also for what you feel.
Ummm, you realize that this isn't a new thing, right? The facebook part might be, but many lawyers have often pushed for lenience in cases where clients have shown true remorse for their actions, and vise-versa for the prosecutors against those who don't.
Feeling sad for your actions and being willing to change is part of the reformation process, which is part of what the justice system is about. A kid that's partying it up 2 weeks after killing somebody isn't feeling remorse, and isn't so likely to reform after a slap-on-the-wrist or token sentencing.
Yet, once he's president, he'll have the official capacity to pardon all non-violent drug offenders... think he'll do it???
He'll only have the capacity to pardon offenders of federal drug laws, not state.
It's shit like this that makes me want to become a defense lawyer. Fuck this prosecutor. The case needs to stand on what happened, not on the defendant's sense of humor.
The case did stand on what happened. This was sentencing, which does take into account the defendant's likelihood of recidivism, repentance, social utility, etc. And the defense uses mitigating factors (first offense, volunteers at a homeless shelter, joined AA, etc.) just as much as the prosecution does, if not more.
Maybe you should become a defense lawyer - a few years of law school would let you give an informed opinion on this instead of talking out of your ass.
Frankly, I'd rather elect someone who openly admits to behavior that may be in violation of law than someone who obsessively hides from the reality of his or her past. Both Nixon and GW Bush come to mind here.
And I wonder about Senator McCain with respect to admissions. Of course he did admit to wrongdoing with respect to the Savings and Loan scandals as well as other issues of favoritism. I have met Senator McCain and think he's a good man. Haven't met Senator Obama but I have read the thoughts of his he put into his books. Seems like an upstanding American patriot who would strive to do the right thing for America.
But what I cannot believe is that Senator McCain, after all he went through, did not do drugs and did not drink to excess. I lived across the street from a Vietnam veteran who was not imprisoned by the NVA and there were not enough drugs and there was not enough alcohol in the world for him after what he experienced as a draftee. I lived up the street from another who came back a paraplegic, and he regularly drank to excess.
Fact is, what you put on the Internet about yourself is public. So if you don't want someone to take advantage of you or to disparage your character, don't post anything that might be taken wrong. This lawyer was doing what all lawyers do in a very creative (for lawyers) way: He was raising questions as to the man's character before a jury so that the jury would disregard any testimony from him or from anyone who said he had a good character.
Gods don't kill people, people with gods kill people.
Any fucktard that drives drunk deserves - at the very least - a serious asskickin'.
Set the BAC limit at a reasonable level and I'd agree with you. MADD, really a neoprohibitionist group, has been pressuring states to constantly lower the BAC to a point where it's really meaningless. .08 BAC, most drunk driving accidents are caused by recidivist alcoholics with a much higher BAC. If you really want to save people from drunk drivers, focus on them.
While there is measurable impairment at a
Give me Classic Slashdot or give me death!
So the college kid who hasn't lived long enough to be a "recidivist alcoholic" but who still has a .15 on the road gets... what? And the high school girl who "just had one beer" but weighs 90 pounds? How about all the other multitude of situations where people are unable to drive? I agree that BAC is a bogus measure, but, well, impaired is impaired. For that matter, why do drunks get jail when an old lady who plows into a crowd of pedestrians gets her license suspended for a month? It's an imperfect system, that's why. Run for town council if you want to change things.
If you can't drive after even one drink, you should be arrested no matter your BAC. Learn to drink at home, or at a bar that calls taxis for you, or, for cripes sake, with a designated driver. People stupid enough to take/post pictures of themselves like the people in the article (yeah, I read it) deserve the harsher sentence as they are showing that they are not remorseful and that they can't plan ahead ("gee, no one will ever see this if I post in on the intertubes!")