Judge Rules Defense Can Use Trayvon Martin Tweets
theodp writes "The NY Times reports a judge in the second-degree murder case against George Zimmerman has ruled that Trayvon Martin's school and social media records should be provided to the defense. Judge Debra S. Nelson said Martin's Twitter, Facebook and school records were relevant in the self-defense case. In those instances, showing whether a victim 'had an alleged propensity to violence' or aggression is germane, the judge said. The defense also got permission for access to the social media postings of a Miami girl who said she was on the phone with Martin just before the shooting. Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'?'"
Nope, I'm staying outta this one. Just keep walking, everyone.
some redguard chimped out, end of story
This case has always been much more about media bias than about a mexican shooting a black.
This is definately a "blame the victim" move... Pretty low for the courts.
I don't see what good it would do? Unless the kid was bragging about breaking into houses or getting into fights, there's not much gonna clear the guy. In fact, if the kid tweets about being followed once before, even if he's upset about it, then it's only going to backfire.
Tweeting, and posting on facebook or other social sites are forms of speech, speech is protected by the first amendment but that said it can also be used against you in any court of law. 'Anything you say can and will be used against you' so I think the current miranda rights cover that.
So nothing really ground breaking here as far as I'm concerned.
As in; "Anything you Tweet or post can and will be held against you in a court of law'?'"
The last time this case was featured, we got some pretty damn detailed descriptions about how the brave vigilante Zimmerman shot a 100 pounds lighter unarmed criminal in desperate self-defence, or how the helpless kid Martin was brutally murdered by a psychotic racist pursuing him for wearing a hoodie. So, any bets on how this round of defending one's position on an issue one can't possibly have any informed opinion about by making shit up goes?
Forget magic. Any technology distinguishable from divine power is insufficiently advanced.
Zimmerman, not Martin, is the accused here so of course he should be entitled to what ever exculpatory evidence he can find. If the "Miami girl who said she was on the phone with Martin just before the shooting" wanted her social media postings protected on 5th amendment grounds and the court found that they weren't protected there might be a story here, but the summary at least doesn't hint at that.
Why in the world is slashdot on this story? It's not remotely new for nerds or tech related in any way. Legal issues releated to tweets, fb posts are not new or interesting.
"Anything you tweeted six months ago can and will be twisted to portray you in whatever light suits the prosecutor's agenda."
I have found there are just two ways to go.
It all comes down to livin' fast or dyin' slow. -REK, Jr.
Consider: A protected twitter account, a twitter account that is public, a posting on Facebook that is restricted to certain friends, a posting that is open to friends of friends, your school records, your medical records. In each instance, there is a varying degree of privacy expected. That degree of privacy ought to be the measure of how a court accesses the information, rather than the medium the information is stored in.
Okay so you say "Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'?'"' And FTFH "Judge Debra S. Nelson said Martin's Twitter, Facebook and school records were relevant in the self-defense case." Miranda is for the accused. Basically your snide comment makes your headline look dumb.
Because clearly that Zimmerman psycho knew all about some kid's online comment history when he harassed and shot him.
The defense lawyers and the judge need to be thrown in jail along with him.
Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'?
Sorry but courts allow emails to be introduced as evidence so long as authenticity can be established. Why shouldn't this hold true for tweets and facebook posts? This has absolutely nothing to do with Miranda.
Because Zimmerman was so taking the kid's Tweets into account when he decided to shoot him.
WTF! Trayvon is dead. Why would the cops give him a Miranda warning?
Sleep your way to a whiter smile...date a dentist!
Many of you seem to forget that Martin is a "victim" in this case and the Miranda warnings are for the defendant. If Martin has a history of tweeting violence, break-ins, hating Mexicans or whatever then these are valid things to bring up by the Zimmerman defense team. On the other side of the coin, if Zimmerman had postings saying he hated black people then they would pretty much lock up a wrongful death case for the Martin family.
I'm surprised that the comments here seem to lean toward supporting the Martin side of the story instead of the Zimmerman side. If Zimmerman just wanted to shoot Martin, why did he get in to a physical altercation first? Why did he call 911? Can we at least give Zimmerman a chance to state his case? Isn't it possible, even probable, that Martin attacked Zimmerman after being followed?
All public tweets are archived in the Library of Congress, so why not...
There have been no new burglaries in the gated community since Mr. Martins death.
Or other FPSs? Because if he did I sure hope for justice's sake he didn't tweet about it.
Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'?'"
In 1912, instant messaging meant sending a telegram or mailing a postcard. "Ten words or less." In 2012, you tweet. That changes nothing. Evidence that is relevant to an issue in dispute is admissible unless there is a compelling legal reason to exclude it.
A Miranda warning is required only when you are about to be interrogated by the police, with damn few exceptions, what you expose to others has always been fair game.
Mr. Martin is not on trial. He's dead. Mr. Zimmerman is on trial. If the prosecution could find any "Tweets" or FaceBook postings of his that they could use against him the court would permit it.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
After seeing so many comments on Miranda rights, I couldn't help drop this link: http://www.salon.com/2011/03/24/obama_rolls_back_miranda/
I think it pretty well shows that Miranda warnings aren't what they used to be, if they are anything at all.
Forward! -- Emperor Norton, 2012
Are user-deleted tweets retained for a period of time on Twitter's severs? Perhaps indefinitely?
Hey, let's all form opinions and argue without having the proper evidence, or in most cases, any legal knowledge of what is up in court.
Aaaaannd... GO!
When the defense claims self defense, violent tendencies of both the accused and the dead victim are always relevant evidence. Zimmerman cannot be forced to testify about his own tendencies, and obviously Trayvon is dead and won't be testifying. But other evidence is fair game. Since Zimmerman claims self-defense, you can expect that the state will use any evidence of violence in Z's past against him.
This is only controversial because people aren't aware of what usually goes on in trials.
Seems fair to me. Use all social media comments as required. I'd never speed, burgle, assault or defraud anyone. Ever, ever, ever. And you can tell that to the judge! Please do!
So I fail to see how they are relevant to the situation where he killed this kid.
http://michaelsmith.id.au
Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'? Although I am assuming (hopefully correctly) that the above is in jest, It seems obvious to me that it would be the case without needing any clarification on the matter specifically when a person's character is to be determined. Anything you say means just that, not just in front of an officer. This is a touchy case for a lot of reasons, although I am in favor of prosecution from my limited knowledge of the case just on him being told not to follow the suspect any longer. Had he simply done that we wouldn't even be having this discussion. Fact is, social media postings and school/work/ect records are used all the time, the only difference is this case is all over the media.
On the internet everybody is a bigger mouth than in reality. I know quite a few people which have semi "violent" forums post, but are cowards in real life. Saying that facebook post shows a history of violence is utterly bullshit. A history of violence is when you bully others, steal, go into a lot of fight. Facebook post are for poseur. If this is used as defense than it is utter bullshit. I hope the prosecutor make sure to check trayvon in real life to show such "history of violence" from facebook psot for the bull it is.
C. Sagan : A demon haunted world:
http://www.amazon.com/gp/product/0345409469/
visit randi.org
What in the world does Miranda have to do with this case? Does everyone understand that the term "Miranda" refers to a specific Supreme Court case that dealt with the rights of persons who were placed under arrest, and where prosecutors wanted to bring their statements to the police as evidence against them into the case? Miranda has NOTHING WHATSOEVER to do with the statements of a deceased person who was never arrested and who is not facing prosecution. The ONLY person who could raise a Miranda issue in this case would be Zimmerman's attorney, on behalf of his client. C'mon people - don't be completely ignorant of the basics of the law - it will only hurt your chances for success in life.
from white computer nerds? Color me surprised.
(1) this is an unusual, though not unheard of, use of what is rule 404. However, it opens up the chance of a mistrial and appeal.
(2) it also means the defense has opened the door to 404(a)(2)(B)(ii):
(B) subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may: (i) offer evidence to rebut it; and (ii) offer evidence of the defendant’s same trait; and
Fugue for Aaron Swartz
Is still public data, regardless of what 'medium' its in, and is admissible if its relevant.
Dont want it in court someday, dont blab it everywhere to everyone.
---- Booth was a patriot ----
its not an assasination if its all true and the kid was scum.
---- Booth was a patriot ----
Miranda has nothing to do with this, it guarantees the rights of the defendant/accused, not the victim, and that's how it should be.
'Anything you Tweet or post can and will be held against you in a court of law'?'"
This goes without saying when you're communicating in a place where there is no expectation of privacy.
While you're at it, why don't we add "shooting yourself in the head with gun could be fatal" and "consumption of raw plutonium could have serious health consequences"...
Twin or more? ITA
Apache/Spring/La
Under Suspicion (released 2000) has a couple scenes well before its time, around how online activity can haunt you later.
I'll try not to give spoilers, but in one scene, they present Internet history and email logs.
Given the year, and admittedly my niavity about what was a mainstream technology that was only 5-6 years old(note mainstream), the scene was a wake up call for me.
It stood me in good stead when social media came along. Post like your are writing to the Editor and your real name will be published.
The film stars Morgan Freeman and Gene Hackman. Two of my favorite actors to boot.
In post Patriot Act America, the library books scan you.
" 'Anything you Tweet or post can and will be held against you in a court of law'?" Trayvon Martin is not a defendant in any proceedings Tweets and posts are not being used to put him in any legal jeopardy. What they will be used for is to paint a picture of who he was. Heaven forbid that the jury actually have a picture of Trayvon Martin close to what he really was instead of what the prosecution wants you to think he was.
Zimmerman could have been charged with harassment and or stalking
"Deadly force should never be used, even in self defense"
Enjoy extinction. I agree, dumbest shit I've ever read on Slashdot.
Yes yes, we all know teenagers are EXACTLY who they pretend to be on Facebook. No one ever exaggerates or role-plays online.
Just look at the posts on this thread: all the self-righteous self-defenders who talk so goddamn tough about how they've trained to Rambo their way out of any conflict. There was a reply post a few weeks ago about some kid who was bullied so badly that he now has an arsenal of guns and makes his own body armor, or rather that's what he claims because, y'know, internet.
The defense should have access to this data, but any rational person knows it's a kid pretending to be bad ass. Now, getting thrown out of school for starting fights is more accurate, tangible info compared to web bragging from an overinflated sense of self-worth: aka, teenagers.
This is a good example that anything you say online is fair game, and is eternal. Same goes for pictures and dumb youtube videos. I kinda feel bad for all the young girls who post risque vids of themselves the end up on porn aggregators, that shit's out there forever. Note: I said "kinda", I'd also like to thank them from the bottom of my .. uh .. heart.
https://www.accountkiller.com/removal-requested
OK, somebody needs to start "the drunk guy project". Purpose: to post dirt on EVERYBODY, if necessary using Photoshop. Thus we will return to the previous state of affairs in which it was assumed, but not actually proven, that most people occasionally do stupid things.
Either that, or some forward thinking company needs to make a statement of policy that anything you do, or say on social media won't be used against you when hiring as long as it isn't a felony for which the statute of liminations hasn't run. FaceBook: I'm looking at you.
Look, I've met a 911 operator. These people are not cops. They are just fairly-normal phone answering people.
actually ... we see that those who commit heinous acts of violence are often cowards who sound big in their writings.
The Trayvon case shows one thing: the negro of America need the Panthers again, to protect them against white and jewish oppression! (Zimmermann is a sephardim marrano a.k.a. spanish-jew on the maternal ascent.) Even though the current president of the USA, born Barack "Bari" Malik Shabazz (nom-du-guerre Barack Hussein Obama) is the illegitimate biological son of Malcolm X, the slain negro civil rights hero and former Panther leader, said Barack son is refusing to do anything to protect black people from the white and jewish vigilants and their lapdog police.
Ideally, the negro of USA should leave CONUS and take a portion of the national wealth with them, per capita propertional with current negro presence in the USA demographics. Such vast money would finance the establishment of a huge and prosperous empire in Africa, whose Rastafari emperor would command immense respect from all premiers of the world. As long as the negro remain in the USA, their toils only serve to make jews and white anglo-saxon protestant tycoons ever more richer, while their lapdog police throws legions of nego into supermax prisons every year! The negro of the USA are the finest among all negro, in the same way the negro race is the finest among all human colours. The US negro deserve a better fate, a fate of greatness and joí that they would bring to their ancestral land of Africa. Black power forever!
Here is the 911 transcript relevant portion. Show me where he was ordered (your words) to "stand down" and when he said, "No, I'm not letting him get away." I know the actual facts are a bit of a nuisance in the way of painting Zimmerman as a homicidal psychopath stalking someone.
From the 911 Transcript:
911 dispatcher:
Are you following him? [2:24]
Zimmerman:
Yeah. [2:25]
911 dispatcher:
OK.
We don’t need you to do that. [2:26]
Zimmerman:
OK. [2:28]
911 dispatcher:
Alright, sir, what is your name? [2:34]
Zimmerman:
George. He ran.
911 dispatcher:
Alright, George, what’s your last name?
Zimmerman:
Zimmerman.
911 dispatcher:
What’s the phone number you’re calling from?
Zimmerman:
407-435-2400
911 dispatcher:
Alright, George, we do have them on the way. Do you want to meet with the officer when they get out there?
Zimmerman:
Yeah.
911 dispatcher:
Alright, where are you going to meet with them at?
Zimmerman:
Um, if they come in through the gate, tell them to go straight past the clubhouse and, uh, straight past the clubhouse and make a left and then go past the mailboxes you’ll see my truck. [3:10]
.
Zimmerman's father was formerly a judge (retired from being a magistrate in Virginia) who knew the police chief in the town of Sanford. That may have been a key factor in G. Zimmerman not being charged as he brought up the "stand your ground defense". Zimmerman was brought in to the police station and interrogated for at least 5 hours [according to the wikipedia page and a few orlando sentinel stories]:
EMTs treated Zimmerman at the scene, after which he was taken to the Sanford Police Department. Zimmerman was detained and questioned for approximately five hours.[17][18][19] He was then released without being charged;...
It may mostly be a thin-blue line encompassing judges and former judges that just wasn't able to hold because of all of the publicity which ensued.
says you're wrong. Martin was the attacker. And more than likely his digital comments will indicate a proclivity to such.
Talk to your shrink about your crippling case of delusional paranoia
how strongly people need/want to believe that violent "white" people with guns are the problem with America.
They've always said, gun ownership is about responsibility. Guns don't kill people, people kill people. OK, so Zimmerman took a gun and started a conflict. HOWEVER it went down, Zimmerman escalated a nothing-doing situation to a murder. So, as someone who doesn't own a gun, do you think I'm OK with this? You think my response is, "oh well, that sucks but we'll never know if Trayvon lunged at him."
Hell no, my response is if gun owners don't see a problem with this kind of a situation, then strike these stand-your-ground laws from the books. Obviously, the line for gun owner responsibility has been rolled back and I'm not letting that line get rolled over onto my corpse one day.
I had an old guy basically try to start a fight with me once absolutely out of the blue. I had a very strong inclination that he was armed. Had we met in a dark alley and he felt more empowered to shoot me out of witness sight, he would've had a hell of an argument for self defense with me being 250 and him being a tiny old man.
I swear to God...I swear to God! That is NOT how you treat your human!
(1) "Stalk". Cite?
(2) 100 lb lighter. That's why the pitiful victim (did you hear he was black?) was on top, pounding the Hispanic's head into the ground. Got it.
(3) No, "the police" did not "tell" Zimmerman to leave it alone. The police dispatcher informed him that they didn't need for him to keep Martin in sight. Check the tapes.
(4) "Pulled the gun... needless death." It will be up to a jury to decide whether the use of deadly force was justified when the shootee was mounted on top of the shooter, doing his best to fracture his skull. Until then "needless" is tendentious. You're claiming as fact that which is yet to be proved.
(5) Explanation for my reasoning is simple. Zimmerman violated no law. Martin violated many.
Say again? "Who was the aggressor is hard to say..."
I'd say the one who followed, lost, and reacquired the other then, against the instructions of the 911 operator, exited his car with his gun to confront an innocent man was the aggressor. When you start a fight you don't get to claim self defence after shooting the unarmed man you freely engaged without any provocation on his part. Assuming of course that you don't consider being black an provocation.
This:
The part that got him permanently removed from consideration was that he was stupid enough to allow evidence of a crime to be permanently recorded. That kind of lapse in judgement we can do without.....
-=Geoskd
Proves this:
...everyone attacking each other and scheming and its fine if you get away with it but if you get caught society punished you to the utmost.
Hypocrisy at its finest.
-MBGMordern
They told that racist prick to stay away and he went and created a problem; Mr Rambo wannabe had to take action. There wasn't anything going on, his 911 call didn't give any reasons why the police should even come check out the suspicious black kid. This is why black males and minorities get hassled just walking in the wrong part of town when some white coward calls in the cops to question them. I'm not black but I've been in areas as a teen where some old lady calls because a gang walked on her lawn and the cops would show up to question us.
Instead of a beatdown, its fear of life... being intimidated?? its fear for your life... every paranoid over compensating coward will be able to shoot most people. These neighborhood watch fanatic types are always big cowards.
I don't care if the teen purposely pounded on him, his life was not in jeopardy... teens killing adults is quite rare; even in this country (hint: national news covers man biting dog means it is not that common.)
They've had somebody ID the voice yelling for help. I thought it wasn't zimmerman?
Democracy Now! - uncensored, anti-establishment news
And WHO STARTED THIS FIGHT?
A man was attacked. If you are armed you can not allow a wrestling or fist fight situation to take place. If you do not go to the gun your attacker very well may take that gun and use it against you or even others at random.
The very reason that we have stand your ground laws is that we need those laws in place. It is also the reason we have gun carry permits.
There is no measure of degree of attack in the laws. If you are attacked in florida you need not take one step backward. You are not required to placate or try to diffuse the situation in any way. There is no question that Zimmerman was attacked. His only defect was he gave the attacker too much slack. Zimmerman was on his back and his wounds prove that. He had wounds. There was no requirement that he allow anyone to touch him before he fired his weapon.
Without these laws a bully or two can take over a neighborhood with ease. They can intimidate, dominate, and control innocent people. Those under immediate threat must be held harmless when they defend themselves and their property.
Frankly i do not want people alive who only attack people every now and then. So if you come to Florida and decide to punch some guys lights out because you think he looked at your wife wrong think first. Ball up that fist and step towards a man while making angry remarks and you may well get shot right between the eyes.
Seriously, isn't victim character assassination pretty much the ultimate admission of guilt? You give up on denying the crime all together and start victim blaming. That is a sign of guilt if I've ever seen one. Which is probably why I'll never get on a jury.
Will Tray get justice? After all one of them was shot, the other did the shooting. And you can pretend the media is against Zimmerman, but Fox and Talk Radio promote him endlessly.
Let me ask another question. What if Tray was white? What if he too was from a fine connected Jewish family?
Fisrtly, you have to be trialed and found guilty to be given that title. I only say this because this case made him guilty before he was given a trial. This was all for politics and to make some money off of this case. I think the real criminals are the media and the politicians perverting this case.
I mean it. Delete your accounts ( you should have done this JANUARY 1ST 2012 when the NDAA kicked in), and blacklist every fucking one of these gay commie fag spy op's.
When officials ask you about your accounts or activity, tell them to go fuck themselves.
Programmers need to dump your pro fascist employers, and program for point to point encrypted voice/vid (not skype, not sip, not asterisk, not a pbx, not insecure.
Users dump your pro fascist applications.
Connect the dots, boycott, and blacklist the fuck out of them.
http://cryptome.org/isp-spy/online-spying.htm
Of course the first thing you'd do if you're worried you are outclassed in a physical fight with someone is NOT STALK THEM and stay sat in your car.
But if that doesn't make you feel manly and the 911 dispatcher doesn't say you can, you will ignore them.
Think of this: if Zimmerman had not had a gun or any weapon, would he have gone out of his car and done the same thing?
No?
Then the gun is what he wanted to use. He may have wanted to cow this uppy nigger kid rather than shoot him, but he did and he wanted to use his gun and that's murder.
... not witnesses or victims.
What I find most interesting is the media's attempt to sway the public's opinion. However, people quickly found his Twitter account and were able to do some arm-chair detective work that wouldn't have been possible, say, 5-10 years ago.
Now we know the truth, and the media has failed to shape the public's outcry for legislation.
Like the newspapers, they are struggling to modernize.
"Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'?'""
Um no... seeing how Trayvon Martin is already dead - and he's not the one on trial.
"Keep in mind George Zimmerman's already been proven to have a criminal past, scuffling with a Police Officer and creating a public disturbance .. Zimmerman's gotten this far with the case is because his father, a retired high courts judge from Virginia", link
"George Zimmerman's criminal records have been revealed. The records show that he does not have a clean past and has had several brushes with the law"., link
"George Zimmerman, Son of a Retired Judge, Has 3 Closed Arrests", link
It is not legal to initiate a deadly scenario, and then murder someone because they attempt to escape said scenario. On the street, watching a teen walk by, Zimmerman was in absolutely no peril. Wielding a gun and chasing down someone who's done nothing but walk down your street with the wrong colour of skin is not standing your ground, and is not self defense. Vigilante violence must never be tolerated.
The Miranda warning applies to anything you say AFTER the warning is formally verbalized to you by (I'll use the formal, polite term) a law enforcement officer. This story is clearly referring to anything you say (or tweet) EVER. We live in perilous times. Apparently I gave up the right to remain silent about 15 years ago.
The speech (tweets, postings, etc.) in question is not related to a Miranda warning in any way because it was not made by the person charged with a crime. The speech is not being used against the defendant but is being used by the defendant to support his case. How on earth did this question ever make it on Slashdot? Commander Taco where are you?
I can't believe the audacity of some of you people... Did Treyvon follow the killer in a vehicle ? get out and confront him when explicitly told not to do so by the police ? take a loaded weapon and an unbalanced mind on to the street ? No he did not ! And information from those who knew Zimmerman show a clear pattern of degradation of judgment and other psychological deterioration prior to the murder of this young man minding his own bisiness on his way home after a trip to the shop.. Zimmerman had a clear agenda and profile and like others was damn well going to " STAND HIS GROUND ".
Posting pics & bragging about crimes committed > simple forum posts.
Posting pics & bragging about crimes committed from your personally identifiable account - just plain stupid.
It's one thing to be a poseur and sit at home and not commit any crimes, in which case you can BS all you want.
It's another thing altogether when you DO commit crimes and you DO post about them and you DO get caught.
See the difference?