The Internet -- the Next Frontier for Catching Mischievous Youth
As my last post indicated, more and more youths are using the internet unsupervised. Not only does this lead to the victimization of youths by adult preditors, it could also lead youths to carelessly self-incriminate themselves. Slashdot.com recently posted an article about "Cops
Walking the MySpace Beat" (available at http://yro.slashdot.org/article.pl?sid=06/04/16/2227209).
Young people go on the internet, use websites like MySpace, Facebook, or even BlogSpot. They post sometimes incriminating information (about both petty and serious crimes), and that information is available to anyone, including law enforcement.
This poses an intresting legal conundrum. Clearly the information is out there, announced to the world, and therefore open for the authorities. As youths, however, it seems that the suspects may not understand the possible repercussions in making such information widely available.
In the 1967 Supreme Court case In re Gault, the Court carefully considered the specific vulnerabilities that impact youths and self-incrimination. Youths may not understand what they are doing, and they may be entitled to increased protection. Gault, however, focuses on the case where the youth is already the suspect who is being interrogated by the police. Such interrogation, without protection, leaves children particularly vulnerable. Websites that lull youths into a false sense of security (that they're in their own "youthful sphere") pose particular risks. There is no issue of wrongful interrogation -- these young people choose to put this information out there.
I'm all for the police being able to catch criminals, but I feel that in this case they're getting a free pass at information that these youths do not understand can incriminate them. I don't think there is a way to make this sort of information inadmissible -- it is out there for the taking. Rather, I think that there needs to be wider awareness and information available for youths (maybe even on the websites on which they post) that would crack open that sense of security and inform them that their comments about their weekend trouble-making (photos, or even video) could end up being used against them in a court of law.
Walking the MySpace Beat" (available at http://yro.slashdot.org/article.pl?sid=06/04/16/2227209).
Young people go on the internet, use websites like MySpace, Facebook, or even BlogSpot. They post sometimes incriminating information (about both petty and serious crimes), and that information is available to anyone, including law enforcement.
This poses an intresting legal conundrum. Clearly the information is out there, announced to the world, and therefore open for the authorities. As youths, however, it seems that the suspects may not understand the possible repercussions in making such information widely available.
In the 1967 Supreme Court case In re Gault, the Court carefully considered the specific vulnerabilities that impact youths and self-incrimination. Youths may not understand what they are doing, and they may be entitled to increased protection. Gault, however, focuses on the case where the youth is already the suspect who is being interrogated by the police. Such interrogation, without protection, leaves children particularly vulnerable. Websites that lull youths into a false sense of security (that they're in their own "youthful sphere") pose particular risks. There is no issue of wrongful interrogation -- these young people choose to put this information out there.
I'm all for the police being able to catch criminals, but I feel that in this case they're getting a free pass at information that these youths do not understand can incriminate them. I don't think there is a way to make this sort of information inadmissible -- it is out there for the taking. Rather, I think that there needs to be wider awareness and information available for youths (maybe even on the websites on which they post) that would crack open that sense of security and inform them that their comments about their weekend trouble-making (photos, or even video) could end up being used against them in a court of law.
posted by eponcz at 8:13 AM
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