MySpace Friends Photos Enough Evidence To Convict Someone Of Criminal Gang Activity?

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SlyPokerDog

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Gangs and gang violence may be a serious problem in some areas, but does that mean we should make people guilty based on very loose associations? Venkat Balasubramani has a post about a recent appeals court ruling in Ohio, in which some defendants were convicted of "participation in criminal gang activity," almost entirely based on their MySpace friends and photographs. The police officers initially testified that gang members were using social networking sites more and more frequently, and then went full on charging guilt by association:

Officer Criss . . . noted [defendants] were friends on MySpace. Mr. Owens was pictured in two photographs on Mr. McCraney's MySpace page. In one of the photographs, Mr. Owens was wearing all black and he was standing with several other people who were wearing all black, or black and red. Further, several of the people in the photograph were displaying gang hand signs. The other photograph from Mr. McCraney's page depicted [defendants, along with] a known gang member.

Officer Criss also discussed photographs taken from Mr. Owens' own MySpace page. One of the photographs depicted Mr. Owens in a red hat and a fur coat. Officer Criss said this was significant because red is a gang color and the fur coat is a status symbol in the gang community. In addition, Mr. Owens' gold teeth were also alluded to as being a status symbol. Another photograph from Mr. Owens' MySpace page depicted Mr. Owens holding a large sum of cash and wearing red and black clothing. Further, dollar signs are superimposed all over the photograph. Again Officer Criss stated that red and black are associated with the Bloodline gangs and the money symbols and the display of a large amount of cash represented that Mr. Owens was able to get large sums of money.


http://www.techdirt.com/articles/20...-convict-someone-criminal-gang-activity.shtml
 

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