This Case Commentary is written by Aishwarya Mudgadkar, a Fourth-Year law student of MP Law College

Abstract

There is no doubt that, in this era, wherein everything seems to be computerized, there has been great advancement in the way people communicate and share information and it has transcended into numerous fields including that of criminal law. This article examines the complex and interactive aspects of media and criminal law, mobilizing such aspects as media as an investigative aid to police, media manipulations of jury and audience, and also problems for the legal profession. Using case studies and current communications phenomena, this article aims to discuss social media and its influence on the functioning of the Criminal Justice System and elaborate on its effects on due process, privacy rights, and the conduct of legal proceedings.

Keywords

Social media, criminal law, law enforcement, jury behaviour, public perception, digital evidence, due process, and privacy rights.

Introduction

Thanks to social media, communication, and interactivity have taken a paradigm change in the society of today. Applications such as Facebook, Twitter, Instagram, and TikTok have not only transformed the interaction of individuals but have also become platforms for sharing information and engaging in activities with the public. With the increase in the growth and usage of these platforms, their impact goes beyond just people’s social lives and into such areas as politics, business, and above all, law enforcement.

The use of social networks within the framework of law provides both benefits and difficulties. In particular, this is a new way of investigation and evidence gathering for law enforcement agencies. However, it also draws serious dilemmas, such as those of privacy violations and impartiality in court cases. In other words, what is known about social networking services in general and their influence on the justice system, in particular, has to change, as does everything else.

Social Media as a Tool for Law Enforcement

In recent years, law enforcement agencies have learned how to use social media as an effective means of investigation. The existence of millions of people on those platforms, which encourage users to reveal a lot of information about themselves daily, gives police agencies enormous amounts of information that can be useful in prosecuting crimes. Officers may watch public posts and look for criminal activities, or they may deploy spectrogram features allowing them to follow a suspect’s movements. Also, certain departments may set up their social networks to inform the public about certain cases or to ask for help regarding those investigations.

One striking instance of this is in the use of social media for the manhunt of violent offenders or in cases of missing people. To illustrate, authorities have turned to social media during the investigation of mass public shootings or kidnappings to obtain live feedback from the witnesses, or whoever was near the event. In addition, social media is useful in time frames in situations that involve the posting of a suspect or a witness before or after the crime.

The Influence of Social Media on Jury Selection and Behaviour

The influence of social media does not stop the investigation but carries an equally important aspect of the activity, that is, selection and the behaviour of the jury. Jurors usually are cautioned by the judges not to talk about the matter sub judice nor do any research on it anytime flout the court. However, nowadays, when they can access social media very easily, they can end up reading or watching something that is tuned to the case and can prejudice their judgment regarding the matter. Some media operations recruit their audience to discuss and follow high-profile trials, which often generate no comment sections, and sometimes the discourse spills into social media sites. Before the trolls can even troll, focus-changing content tends to circulate online, changing perceptions about the case at hand. This situation presents a dilemma as to whether jurors will be able to detach themselves from subjective external influences.

The Impact of Social Media on Public Perception and Media Coverage

Criminal cases tend to be impacted by public persuasion and acceptance through the social media communication tools available to the masses. The rise in popularity of Twitter, for instance, a micro-blogging site, allows for a quick exchange of ideas, which may put forth a different version of events other than what has been discussed in the courts. Usually, local television stations carry out social media activities to understand which stories sell more in the market; this often results in exaggerated and distasteful drawings of the truth.

Attorneys have an enormous task of assisting their clients overcome the hurdles posed by social media in maintaining a fair trial because people’s views are shaped, often intensely, by the online debate that takes place within such platforms. There is also a worrying possibility of juries being swayed by public opinion rather than the evidence that is adduced before them during the trial.

Challenges and Opportunities

The influence of social media on the field of criminal law comes with its share of challenges and benefits to those whose work involves dealing with such developments. For instance, it is easy for law enforcement agencies to look for evidence or possible leads in detainees or suspects in most cases using social media but at the same time, it creates deeper issues on privacy and due processes.

Legal practitioners faced with the challenges of technology must at all times be on the lookout for some norms that guide the practices within a particular profession. They should also seek to ensure that there are policies and practices in place to guide law enforcement officials on the appropriate way to collect and use social media information in the course of investigations in a bid to protect people’s rights.

Conclusion

The consequences that social media inflict upon crime and criminal law are both many and enormous. Whether it is increasing the level of surveillance for law enforcement agencies or swaying the opinion of the public during the trials – social media has revolutionized the approach towards justice in the modern world. This encyclopaedia can provide a comprehensive understanding of the effects of the current situation on the evolution of law, practice, and support systems. Technology has its repercussions both negative and positive and therefore as we attempt to address work only on its merits everyone involved in the process especially lawyers know the latitude of addressing this issue.

Let us formulate the problem more straightforwardly – proper development of social media tools involves the enhancement of justice mechanisms too, if not with the same intensity, then surely in the same direction.

References

1. Truslow T.K., "How Social Media Impacts Criminal Cases." Attorney Truslow Blog (2024).

2. Silverman J., "How Social Media Impacts Criminal Cases." Jed Silverman Law (2024).

3. MayesTelles PLLC., "How Social Media Impacts Criminal Cases." MayesTelles PLLC Blog (2024).

4. McGowan T., "The Role of Social Media in Criminal Investigations." Journal of Digital Forensics (2023).

5. Smith R., "Social Media's Influence on Jury Trials." Legal Studies Review (2022).