Comments on: How Facebook Landed Me In Rikers
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers/
Comments on MetaFilter post How Facebook Landed Me In RikersFri, 13 Feb 2015 06:46:54 -0800Fri, 13 Feb 2015 06:46:54 -0800en-ushttp://blogs.law.harvard.edu/tech/rss60How Facebook Landed Me In Rikers
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers
<a href="http://www.theverge.com/2014/12/10/7341077/nypd-harlem-crews-social-media-rikers-prison">How the NYPD is using social media to put Harlem teens behind bars.</a> post:www.metafilter.com,2015:site.147000Fri, 13 Feb 2015 05:50:38 -0800ellieBOAJelaniHenryHarlemNYPDRikersFacebookTheVergeBy: Jahaza
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935455
It's linked in the article, but <a href='http://www.nytimes.com/2013/03/04/nyregion/to-stem-juvenile-robberies-police-trail-youths-before-the-crime.html?pagewanted=all'>this New York Times article</a> provides context on the NYPD's social media/anti-gang nexus.comment:www.metafilter.com,2015:site.147000-5935455Fri, 13 Feb 2015 06:46:54 -0800JahazaBy: Kirth Gerson
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935463
<blockquote>During the time he was imprisoned, the DA refused to share almost all the evidence with Jelani or his lawyer.</blockquote>
For some reason, I thought this was prohibited, and that the prosecution was required to reveal all evidence to the defense. Am I wrong?
I also think that the NRA should be defending the 2nd Amendment rights of these young gun enthusiasts.comment:www.metafilter.com,2015:site.147000-5935463Fri, 13 Feb 2015 06:58:07 -0800Kirth GersonBy: RobotVoodooPower
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935473
IANAL, but I believe you're talking about Brady disclosure, which isn't required during plea bargaining (pre-trial) which gives prosecutors tremendous leverage to bluff.comment:www.metafilter.com,2015:site.147000-5935473Fri, 13 Feb 2015 07:11:15 -0800RobotVoodooPowerBy: entropone
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935474
"Suppression [enforcement] alone, that doesn't work," said Sgt. Juan Aguilar of the D.C. police. "That's only a Band-Aid. You've got to get to the root of the problem. It's <a href="http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701716.html">social</a>."
It's upsetting to me when enforcement - even smart, 21st-century enforcement - winds up having collateral damage that so severely points out the need for more resources and services for kids in certain neighborhoods.comment:www.metafilter.com,2015:site.147000-5935474Fri, 13 Feb 2015 07:11:43 -0800entroponeBy: zombieflanders
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935477
I'm sure that it's just a coincidence that police departments <em>always</em> have the resources and expertise to go after young PoC using social media after three tenuous instances of "conspiracy," but then plead overwork and no technological know-how when organized groups of mostly white people make death and rape threats using the very same social media many times over the course of months or years.comment:www.metafilter.com,2015:site.147000-5935477Fri, 13 Feb 2015 07:16:17 -0800zombieflandersBy: T.D. Strange
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935479
<em>For some reason, I thought this was prohibited, and that the prosecution was required to reveal all evidence to the defense.</em>
Eventually, 'in advance of trial'. In cases where the judge is complicit, or doesn't care, or is busy, actually handing over the evidence can take a while while the prosecutor pressures the defendant to take a bogus plea deal.comment:www.metafilter.com,2015:site.147000-5935479Fri, 13 Feb 2015 07:18:42 -0800T.D. StrangeBy: cotterpin
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935493
> IANAL, but I believe you're talking about Brady disclosure, which isn't required during plea bargaining (pre-trial) which gives prosecutors tremendous leverage to bluff.
I know what you mean by bluff, but let's also not forget that calling the bluff costs 2 years in jail if you're too poor to afford bail.comment:www.metafilter.com,2015:site.147000-5935493Fri, 13 Feb 2015 07:31:47 -0800cotterpinBy: jonp72
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935495
"Pointergate" in Minneapolis also arose because of police in Minneapolis surveilling the social media account of Navell Gordon, the guy who was pointing with Mayor Betsy Hodges.comment:www.metafilter.com,2015:site.147000-5935495Fri, 13 Feb 2015 07:32:24 -0800jonp72By: Clueless in Crocodilopolis
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935497
Bluff, torture somebody with solitary confinement until they make a false confession… You know, same difference.comment:www.metafilter.com,2015:site.147000-5935497Fri, 13 Feb 2015 07:34:02 -0800Clueless in CrocodilopolisBy: gingerbeer
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935505
In South Carolina, <a href="https://www.eff.org/deeplinks/2015/02/hundreds-south-carolina-inmates-sent-solitary-confinement-over-facebook">fb can put you in solitary</a>.comment:www.metafilter.com,2015:site.147000-5935505Fri, 13 Feb 2015 07:44:46 -0800gingerbeerBy: Talez
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935521
<i>"It's a complete violation of the Fourth Amendment and the worst kind of big brother law enforcement." To build the case for the Harlem raid, police had begun social media surveillance of children well before they had built up a serious criminal record.</i>
WHY IN THE FUCK ARE THEY NOT INTERVENING IF THEY KNOW THESE YOUNG KIDS ARE GETTING MIXED UP IN GANG VIOLENCE?!?
Jesus tap dancing Christ. I don't get humanity sometimes. I don't. I don't I don't I don't.comment:www.metafilter.com,2015:site.147000-5935521Fri, 13 Feb 2015 07:58:48 -0800TalezBy: ReeMonster
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935532
Because why would they try to HELP the young urban youths when they can just lock em up?comment:www.metafilter.com,2015:site.147000-5935532Fri, 13 Feb 2015 08:08:48 -0800ReeMonsterBy: aaronetc
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935536
<i>WHY IN THE FUCK ARE THEY NOT INTERVENING IF THEY KNOW THESE YOUNG KIDS ARE GETTING MIXED UP IN GANG VIOLENCE?!?</i>
The recent NYPD work slowdown, accomplished by simply not arresting people "unless necessary," certainly seems to indicate that they see their job primarily as making arrests. Intervening before somebody builds up a serious criminal record is just going to make arrests less likely, ergo it's counter to their mission.comment:www.metafilter.com,2015:site.147000-5935536Fri, 13 Feb 2015 08:10:04 -0800aaronetcBy: merelyglib
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935542
Intervene how?comment:www.metafilter.com,2015:site.147000-5935542Fri, 13 Feb 2015 08:12:50 -0800merelyglibBy: feckless fecal fear mongering
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935545
Sitting them down and talking to them? Alerting social workers?comment:www.metafilter.com,2015:site.147000-5935545Fri, 13 Feb 2015 08:14:50 -0800feckless fecal fear mongeringBy: Jahaza
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935556
<i>Sitting them down and talking to them? Alerting social workers?</i>
Read the article I posted. It's a multi-pronged strategy and they're doing that.comment:www.metafilter.com,2015:site.147000-5935556Fri, 13 Feb 2015 08:20:18 -0800JahazaBy: feckless fecal fear mongering
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935558
I was responding to merelyglib.comment:www.metafilter.com,2015:site.147000-5935558Fri, 13 Feb 2015 08:20:47 -0800feckless fecal fear mongeringBy: yoink
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935635
<em>It's linked in the article, but this New York Times article provides context on the NYPD's social media/anti-gang nexus.</em>
Interesting piece--which paints a strikingly different picture than the story in the FPP would suggest. It would be interesting to see some kind of attempt to reconcile the two. Is it that some precincts are engaged in a much more interventionist model of this initiative where others are just trying to up their arrest and conviction stats, is it that the FPP story is missing some important part of the story, is it that the piece Jahaza links is focusing on unusually enlightened cops or cops who are painting a too-rosy portrait of their practice.comment:www.metafilter.com,2015:site.147000-5935635Fri, 13 Feb 2015 09:03:50 -0800yoinkBy: Buttons Bellbottom
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935995
And giving prisoners <a href="http://thinkprogress.org/justice/2015/02/13/3622848/solitary-south-carolina-facebook/">years of time in solitary</a> for updating behind bars or for allowing others to update social media on their behalf.comment:www.metafilter.com,2015:site.147000-5935995Fri, 13 Feb 2015 11:36:14 -0800Buttons BellbottomBy: BlueHorse
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5935998
<em>Why would they try to HELP the young urban youths when they can just lock em up?</em>
Because corporate prisons need to make profit$?comment:www.metafilter.com,2015:site.147000-5935998Fri, 13 Feb 2015 11:39:53 -0800BlueHorseBy: Deoridhe
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5936605
This is horrific. He was held for two years without it going to trial, then the case was dismissed? What. The Fuck????comment:www.metafilter.com,2015:site.147000-5936605Fri, 13 Feb 2015 18:04:43 -0800DeoridheBy: the man of twists and turns
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5936666
<a href="http://www.wired.com/2015/02/emoji-in-court-cases/">That ;) You Type Can and Will Be Used Against You in a Court of Law</a>comment:www.metafilter.com,2015:site.147000-5936666Fri, 13 Feb 2015 18:58:28 -0800the man of twists and turnsBy: decathecting
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5937220
<em>For some reason, I thought this was prohibited, and that the prosecution was required to reveal all evidence to the defense. Am I wrong?
</em>
Yes, you're wrong about this. The prosecution is required to reveal some types of evidence to the defense, at certain points during the progression of a case. How much and when depends on what jurisdiction you're in, and to some extent on local custom. There is a practice called <a href="http://defensewiki.ibj.org/index.php/Open_File_Discovery">open-file discovery</a>, which some places have adopted, that does require the prosecution to turn over all their evidence. But it's only required in about half the states, and even then only to varying degrees. The courts have ruled that the Constitution doesn't require disclosure of government evidence other than in certain specific circumstances (the Sixth Amendment right to be informed of the "nature and cause of the accusation," <em>Brady</em> disclosures of evidence favorable to the defense, etc.). And even those aren't especially well-enforced, and there are exceptions carved out in a lot of areas.
I'm a criminal defense lawyer, and it's pretty routine for me to go to trial on behalf of a client without knowing the identities of the government's witnesses or what, exactly, they're going to say my client did, until they actually get on the stand to testify. It's absolutely trial-by-ambush of the type that our system of law theoretically finds abominable. And it's absolutely legal in most places.comment:www.metafilter.com,2015:site.147000-5937220Sat, 14 Feb 2015 13:45:17 -0800decathectingBy: Goofyy
http://www.metafilter.com/147000/How-Facebook-Landed-Me-In-Rikers#5937659
Always fascinating to discover once again how the rights they told me were 'sacred' are a pile of crap to be dismissed at whim. What was it that made the USA so special again, other than size?comment:www.metafilter.com,2015:site.147000-5937659Sun, 15 Feb 2015 06:12:27 -0800Goofyy
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