Politics, Social Values, and Judicial Decisions

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Smartphones, the Internet, and rapid advancement of technology have come to influence all aspects of people’s daily lives. However, as with any advancement in technology, there are always those who will misuse this technology for their own purposescriminal and abusive. In fact, the developer of the ILOVEYOU worm, one of the most destructive computer viruses in history, faced no legal penalty in his nation because at the time, what he did was not a crime. This is but one example of many in which the law has been unable to keep pace with technology. In this activity, you are tasked with conducting independent research to identify specific legal concerns and issues associated with technology. In your independent research, you must discuss one example involving technology and the criminal justice system. Then, either for this issue or a separate issue analyze the constitutional challenges that are involved with the technology that is used in the criminal justice system.

You may refer to the following for inspiration:

Possible topics (this list is not exhaustive)

Social Media such as Facebook, Instagram, and Twitter
Smart phones and watches
Cybercrimes
DNA retrieval and storage
Surveillance cameras on the streets
Use of GPS
Identity Theft
Technology such as ShotSpotter
Use of Biometrics
**Most of these topics involve either the First Amendment or the Fourth Amendment.

Complete the following for this assignment:

Conduct independent research on legal and constitutional issues associated with technology.
Analyze one issue involving the relationship between technology and crime, with a clear identification of how the law has or has not kept pace with technology.

Sample Solution

Legal and Constitutional Challenges of Social Media in Criminal Justice

Social media platforms like Facebook, Twitter, and Instagram have become deeply integrated into daily life. However, this widespread use poses significant legal and constitutional challenges for law enforcement and the criminal justice system. Here, we’ll analyze the issue of social media content as evidence and the Fourth Amendment implications.

How the Law Hasn’t Kept Pace:

  • Fourth Amendment and Search & Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. Traditionally, warrants were required to access private information. However, social media content often exists on servers controlled by the platforms, creating a gray area.
    • Recent Cases:Courts are grappling with this issue. In Riley v. California (2014), the Supreme Court ruled that warrantless searches of cell phones during arrests were generally unreasonable. However, the court hasn’t yet definitively addressed the warrant requirement for accessing social media content.

Example: Public vs. Private Posts

  • Scenario: Law enforcement investigates a robbery. They discover the suspect has a public social media post bragging about “easy money” the day after the robbery.
    • Legal Issues:This publicly available post wouldn’t require a warrant for law enforcement to view it. However, if they want to access private messages or information like friend lists, a warrant specifying the scope of the search might be necessary depending on the court’s interpretation of the expectation of privacy on social media platforms.

Constitutional Challenges:

  • Fourth Amendment and Privacy: The murky line between public and private content on social media raises concerns about individuals’ privacy expectations. Unfettered access by law enforcement could have a chilling effect on free speech.
  • First Amendment and Free Speech: The First Amendment protects free speech. Law enforcement accessing social media content for investigations could lead to accusations of selective targeting or suppression of certain viewpoints.

Conclusion:

The rapid rise of social media has outpaced established legal frameworks. Determining the appropriate balance between law enforcement’s need for evidence and individual privacy rights on social media platforms remains an ongoing challenge for the courts. Future case law will likely provide more clarity on the warrant requirements for accessing social media content in criminal investigations.

 

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