White-collar crime - Wikipedia
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Conflict Criminal Justice Crime permeates our social fabric. From the anecdotal to empirical, a survey of evidence suggests the system is broken and that there is no general consensus on how to fix it: The causes and correlates of crime started with God-given rational choice and free will. Punishment was to be swift, severe, and certain. Law enforcement systems are typically public order advocates while the courts and judicial process systems advocate for due process.
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NDL : Tied into the self-surveillance craze, performance confessions tap into voluntary incriminating performances which admit to criminality. One popular example video shows a year-old girl sitting in front of a camera communicating through captions and miming that she stole a car, smoked weed and held up a bank holding cash up to the camera to validate her claim Locker Love you guys.
Miss you guys. Take care. Online confessions remain comparatively rare, but the performance of unintended incriminating evidence is not uncommon Savchuk A2.kinun-mobile.com/wp-content/2020-06-20/jyhyx-phone-monitoring.php
Related to the purposive performance confessions, social media performances have emerged as valuable, if inadvertent, evidence sources and have been tapped by law enforcement to establish timelines, whereabouts and motives. In these performances, offenders are not seeking to confess to a crime, but instead are preening about a crime or simply posting incriminating content that links them to a crime. Beyond the obvious usefulness of such postings for guilt determination, these performances are valuable when they provide better evidence of what an individual was thinking and doing at a specific time or location with both punitive and lenient effects.
Current social media mobile technologies have made it possible for virtually anything a person does in public and sometimes in private to be videotaped, texted or otherwise made part of a digital performance and thus part of a law enforcement investigation UC Davis School of Law Many individuals have found themselves involuntarily and unknowingly playing a role in a social media crime performance that becomes part of an investigation or case evidence.
The over-sharing that lies at the core of self-incriminating performances is a direct extension of the significance that social media has come to play culturally Ovalle and Ducassi ; Savchuk A2. It is better to get your performance out there and be known than to be unknown in a celebrity culture, even if criminality is required Penfold-Mounce ; Yar This desire for social acknowledgment extends into the judicial system, where the pursuit of new media performances has negatively influenced two sets of judicial actors in particular.
Historically, the effects from crime and justice performances have been generated from high public interest cases that are heavily socially constructed, and by run-of-the-mill low visibility judicial proceedings Surette In its rendering as a crime and justice infotainment performance, the OJ Simpson trial was transformed from a criminal justice event to be simply observed by the public into the equivalent of a massive multi-player game experience Greek As previously noted, the perception of the courts as stages and trials as performances preceded the age of social media see, for example, Ball ; however, in the current judicial performance world, pernicious effects on lawyer and juror activities have emerged as the major concerns Eve and Zuckerman ; Wheeler Despite their daily involvement in the formal judicial performances associated with case processing, lawyers often appear to forget that social media performances are not necessarily private.
That said, lawyers cannot simply ignore social media performances. Meeting effective counsel standards frequently requires lawyers to actively tap social media as a case resource. Thus, they currently review online profiles, instant messaging, online videos and other social media performances as standard pre-trial case preparation Eve and Zuckerman ; Strutin For example, the creation of a false online profile by a lawyer would be problematic.
How performance-based information is obtained and whether informed consent was provided have emerged as crucial elements in determining ethical from non-ethical social media behaviour of lawyers. Ground rules that have been suggested are that lawyers should not email or post comments on websites that jurors are known to frequent.
Requests for access to private online sites and attempts to view a private page should be preceded by a message requesting access and should provide enough information for informed consent decisions Gunnarsson A surreptitious performance on the part of a lawyer to obtain information not readily available to the public unavoidably raises flags Strutin Lawyers can neither ignore the social media performances of others, nor blindly post their own performances. Related issues revolves around the increased level of social media-based performances by victims, defendants, witnesses and particularly jurors.
Performance justice becomes a particular concern when performances by judicial system participants break the informational seal between the courtroom and the public. Courtroom proceedings are designed to be sealed performances, externally observable but not externally influenced. In addition to disruptions related to celebrities serving as jurors, by providing easily accessible content and distribution, social media pose tremendous challenges to the sealing of courtrooms from non-judicially vetted information. In these activities, trial participants change their performances from a court-assigned, restricted judicial role to an expanded, self-defined participatory role.
Social media are therefore a direct challenge to the traditional construction of the courtroom as a circumscribed performance Hannafor-Agor, Rottman and Waters Misuse of social media by jurors has caused mistrials, resulted in juror dismissals, and triggered contempt findings against misbehaving jurors Galli, Olszyk and Wilhelm ; Greenwood ; Nuss ; Patrick ; Schwartz The extent of such activities is unknown as most of the available information on social media-based juror misconduct is anecdotal, but limited available survey data estimates that about 25 per cent of jurors have viewed reports on the internet about their ongoing trial, and about 10 per cent have purposely searched the internet during a trial to learn additional information Thomas In a recent pilot study, Hannafor-Agor, Rottman and Waters found that a substantial proportion of jurors said they would be unable to refrain from internet use for the duration of a trial, even if ordered to do so.
Adding to the concerns, despite the indicators of a persistent level of social media-based juror misconduct, many judges do not perceive social media as a threat to trial fairness, and a number of sitting judges do not issue juror instructions Dunn When corrective steps are taken, the most common judicial countermeasures are bench instructions to the jury.
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