Beware what you put on your MySpace page

[public servant]

What you post can be used against you. I'm sure on INGO as well.

[FONT=Times New Roman, serif]Court affirms MySpace page as evidence[/FONT]
[FONT=Times New Roman, serif]
Associated Press [/FONT]
The Indiana Supreme Court has upheld a court decision that allowed a MySpace posting to be admitted as evidence in the trial of a man convicted of murdering a 2-year-old girl.
The unanimous ruling Thursday also upheld the life sentence of 36-year-old Ian J. Clark, who was convicted of murdering his fiancee's daughter in 2007. Kosciusko County authorities said the girl died from multiple blunt force injuries.
Clark appealed, arguing among other things that his MySpace page should not have been entered as evidence. His page included a description of himself that said "Society labels me as an outlaw and criminal."
The court said the posting only contained statements Clark made about himself and was admissible.


I'm sure some of the descriptions of how some people here would shoot an intruder and other such scenarios would be allowed as well. There have been some pretty graphic claims made here. Use caution.

 

[redneckmedic]

What's Myspace?

 

[public servant]

What's Myspace?

Some silly stuff younger folks use.

 

[shooter521]

Some silly stuff younger folks use.

But the theory applies to any internet communication... Facebook, INGO, your personal website, etc. Don't say anything online that you wouldn't mind seeing on the CNN news ticker, or as an instructor of mine once said, "blown up into a 3' x 3' poster labeled 'People's Exhibit A'".

 

[HandK]

Yep!! what you say on the web can bite you in the butt, alot of people just dont get that.

 

[printcraft]

Yep!! what you say on the web can bite you in the butt, alot of people just dont get that.

This just in:

HandK49031 condones cannibalism

bite you in the butt, alot

What kind of sick individual is he?








Also, your words can be used out of context. How many time have
we all made a flippant comment that could be turned around and stuck in our rears?

 

[redneckmedic]

condones cannibalism




Also can be stuck in our rears?

 

[printcraft]

HA! see how easy that is!

 

[redneckmedic]

We discussed something like this several months back...kind of

https://www.indianagunowners.com/forums/politics_laws_and_2nd_amendment/34324-can_ingo_hurt_you.html

 

[SavageEagle]

WHile things I post here I might not specificlly like to see in court against me, there has to be a defense about online posting. You know, "It was sarcasm.", or "How do you know he was the one who really posted in that thread?", or "Oh look, that post was edited. Did you edit it?".... Surely they can't hold everything you say against you in court.

Just as if someone assassinates our President or Congressman, thousands of people have at once probably said something to the effect about them falling off the face of the earth. There's NO WAY that can be used as evidence.

It's a shame this guy's as guilty as a two dollar bill or I'd wish to see it go to THE SCOTUS to try to have that ruling overturned.

It's like convicting someone over something they said 5 years ago that doesn't necessarily involve the crime at hand. Of course, this idiot was bragging about his twisted crime, but that's not always the case with everyone else.

 

[rich8483]

Some silly stuff younger folks use.

my mom and grandma and all her friends use it and i dont. figure that one out.

 

[longbow]

checking old posts.....

 

[hoosiertriangle]

There is no defense, only your ability to refute the allegation by showing context and or extenuating circumstances. And yes, surely they can hold anything you say against you in a court of law. Thus your right not to say anything. Even things said way in advance can come back and be introduced into evidence. The internet just makes the hearsay problem go away because in most instances, the statements are written under your screen name and login. Thus, you would have to prove that you didn't say them and somebody broke in and wrote that statement.

In the hypo you use, thousands of people make threats against an elected official. If some harm comes to that elected official, those thousands of people go on the suspect list. They may be low priority, but they go into a file somewhere to be reviewed.

You should also consider your personal email. It can be given over to authorities by the service provider, your workplace, or the persons receiving it. Be careful of sending things to people via the internet. As a law clerk, I've been trained to never type and send anything that I don't want coming back to bite me or the client. When in doubt, give the client a call.

You might say that all that stuff is covered by attorney-client privilege or the attorney work product doctrine. Chances are it is, but sometimes your client an unwittingly waive those protections and poof something written that didn't need to be written is now admissible into evidence. Some relationship protect communications (like between attorneys, doctors, and pastors) but those protections can be waived or lost. You shouldn't rely on that protection unless you really have no other choice.

Just some food for thought,

WHile things I post here I might not specificlly like to see in court against me, there has to be a defense about online posting. You know, "It was sarcasm.", or "How do you know he was the one who really posted in that thread?", or "Oh look, that post was edited. Did you edit it?".... Surely they can't hold everything you say against you in court.

Just as if someone assassinates our President or Congressman, thousands of people have at once probably said something to the effect about them falling off the face of the earth. There's NO WAY that can be used as evidence.

It's a shame this guy's as guilty as a two dollar bill or I'd wish to see it go to THE SCOTUS to try to have that ruling overturned.

It's like convicting someone over something they said 5 years ago that doesn't necessarily involve the crime at hand. Of course, this idiot was bragging about his twisted crime, but that's not always the case with everyone else.

 

[SavageEagle]

There is no defense, only your ability to refute the allegation by showing context and or extenuating circumstances. And yes, surely they can hold anything you say against you in a court of law. Thus your right not to say anything. Even things said way in advance can come back and be introduced into evidence. The internet just makes the hearsay problem go away because in most instances, the statements are written under your screen name and login. Thus, you would have to prove that you didn't say them and somebody broke in and wrote that statement.

In the hypo you use, thousands of people make threats against an elected official. If some harm comes to that elected official, those thousands of people go on the suspect list. They may be low priority, but they go into a file somewhere to be reviewed.

You should also consider your personal email. It can be given over to authorities by the service provider, your workplace, or the persons receiving it. Be careful of sending things to people via the internet. As a law clerk, I've been trained to never type and send anything that I don't want coming back to bite me or the client. When in doubt, give the client a call.

You might say that all that stuff is covered by attorney-client privilege or the attorney work product doctrine. Chances are it is, but sometimes your client an unwittingly waive those protections and poof something written that didn't need to be written is now admissible into evidence. Some relationship protect communications (like between attorneys, doctors, and pastors) but those protections can be waived or lost. You shouldn't rely on that protection unless you really have no other choice.

Just some food for thought,

Oh I don't ever really say anything I probably shouldn't, but then again ANYTHING you say could be used against you. And, then yet again, just because it's your screen name and login doesn't mean it was you. That's not burden of proof.

 

[in625shooter]

Oh I don't ever really say anything I probably shouldn't, but then again ANYTHING you say could be used against you. And, then yet again, just because it's your screen name and login doesn't mean it was you. That's not burden of proof.

Oh they can prove if it was you or not! With or without a screen name. When they obtain a search warrent for your home computer. And when they notice over 9,000 replies to threads with in 18 months the will issue a warrant for your work computers also.

If you come up on the radar in that big of a way. You are hit