Preview

Is a Person’s Right to Defend Himself More Important Than a Person’s Right to Privacy?

Good Essays
Open Document
Open Document
791 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Is a Person’s Right to Defend Himself More Important Than a Person’s Right to Privacy?
Is a Person’s Right to Defend Himself More Important than a Person’s Right to Privacy?

Today, the online virtual world has expanded greatly compared to where it was just a decade ago. It has made space for many social media sites such as, Facebook, Twitter, Google+, among many other sites. Thus, meaning less privacy, and more people who can potentially gain access to it. As a result, the debate about whether a defense attorney should be authorized to gain a hold of users’ profiles has been going on since the creation of social media sites. Some who are against defense attorneys gaining access to profiles argue that it offends one's privacy. While others who are for it believe it is helpful for the court to judge fairly. Defense attorneys should be authorized to gain access to social media sites because; they are an effective tool in investigating witnesses and defendants. People who are against defense attorneys gaining access to profiles on social media sites state that it offends our right to privacy to have someone searching through our accounts. Facebook and other social networking sites are used by people to connect with friends and meet new people. Postings on these sites stay on the internet and anyone who you befriend can get a hold of your profile Users voluntarily post all of their pictures and information on their accounts to share with other users of these social network sites so they cannot claim they have a right to prevent access to this information. It would be unrealistic to expect that they be considered confidential. People should know beforehand that nothing on the internet is private. The ones who are against defense attorneys getting a hold of users’ profiles also state that, sometimes it is not the user who updates posts on the account but, many cases have proven otherwise. Social media sites are an effective tool for lawyers and have many benefits through investigating witnesses and defendants. Evidence revealed from profile

You May Also Find These Documents Helpful

  • Powerful Essays

    The term ‘privacy’ has been difficult to obtain a universally accepted definition between legal scholars. In ALRC 22 it was noted that ‘the very term “privacy” is one fraught with difficulty. The concept is an elusive one’. As Professor J Thomas McCarthy noted, ‘Like the emotive word ‘freedom’, ‘privacy’ means so many different things to so many different people that it has lost any precise legal connotation that it might once have had.…

    • 2506 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    The recent September 11th attacks have caused many Americans to wonder about the personal sacrifices to be made in order to keep the nation "safe and free." With mixed results, it has become a common practice throughout history to restrict personal freedoms in the name of national security. Many questions arise from this process: Where is the line drawn? If liberties are restricted do they ever truly return? If it is true that we are doomed to repeat history if we fail to learn from it, an examination into the circumstances of the Japanese American internment in 1942 may inform the ways to most effectively deal with the security concerns faced by Americans today.…

    • 522 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Jury Annotated Bibliography

    • 2432 Words
    • 10 Pages

    [This article explains that many judges now look on social media sites to help with evidence. For example, if you get in an accident one night they will go on the social media site to see what you were doing that night, if they find you were partying they will use that as evidence in court. It also holds a question on how lawyers advise their clients. The article goes on to explain that it may be common practice to make their clients delete their Facebook, or Twitters.]…

    • 2432 Words
    • 10 Pages
    Satisfactory Essays
  • Better Essays

    Social media is a way people can share their lives with each other by just the click of a button. Recently, the checking and posting on social media has become a daily routine of almost everyone’s life. This allows people to access an unlimited amount of information in seconds. People that have social media accounts are able to post everything from family vacation photos to what their political views are at any time. While on most social media accounts there are privacy settings where a person cannot see the content of somebody’s account unless the owner of that account has accepted them, once something is online, it no longer is private. By sharing information that everyone can see, people’s private…

    • 1546 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Wanting safety and security does not mean that you are necessarily giving up your privacy. Take for example, the Barbara Katende story in the New York Times. She noticed a camera stationed on a rooftop about 200 yards from her sixth-floor apartment window. This was a rooftop she had seen, but never considered or paid attention to, each time she walked near her window in undergarments or bare. Ms. Katende was in the safety and privacy of her own home. Does this mean that since she walked before her sixth-floor window half naked she was giving up her privacy? No, maybe not the best decision, but she was in her own home. Although I partially agree with Strossen she should have chosen a better example to support her argument. The camera she spotted was said to be so advanced that it could zoom in on just about anything or anyone and could rotate in any direction.…

    • 523 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Miranda Decision Case

    • 275 Words
    • 2 Pages

    The right to remain silence gives us the vital principle of liberty, and it also gives us privacy ,because the responsibility falls on the officer to build a case.If the person does not meet the burden, they are free to go(Leo,1996).…

    • 275 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    This right was intended to garauntee our privacy, however, the phrase “unreasonable search” is increasingly interpreted in many ways, causing confusion on what rights are garaunteed and those that are not. In Weeks v. United States, the Supreme Court…

    • 357 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Private vs Public Defense

    • 857 Words
    • 4 Pages

    If you or anyone you know has been charged with a criminal charge then you are aware there will be a need for some sort of legal representation. The United States Constitution states that every individual is permitted to be represented by an attorney whether this is a public defender or a private attorney. There is an evaluation process that involves an extensive financial application to even be considered for having a public defender appointed to your case. If it is determined that you make over the predetermined amount set then the only choice left is to start your search for a private defense attorney. Some defendants qualify for a public defender but due to the statics they choose to hire a private attorney, more often than none defendants go into extreme debt but who can put a price on freedom?…

    • 857 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The "right to privacy" has been around since the early part of the last century. It has evolved to apply—more…

    • 3371 Words
    • 14 Pages
    Powerful Essays
  • Satisfactory Essays

    The Fourth Amendment protects us citizens from the searching of our homes and private property without properly executed search warrants. If law enforcement wants to collect these records such as GPS tracking or cell phone tracking, they will need a search warrant based on probable cause. This constitutes a search under the Fourth Amendment because it violates the individuals reasonable expectation of privacy. You would think that your location would be private and expect it to remain private, but that is not the case. When law enforcement seeks the cell phone location and this individual is inside his or her house, they cross the line by learning facts about the interior of the home, which is clearly illegal without a warrant. Let's say the…

    • 210 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Rambe,P. (2013). ‘Converged social media: Identity management and engagement on Facebook Mobile and blogs.’ Australasian Journal of Educational Technology. (29)315-336.…

    • 1633 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    With those two things in mind, shouldn’t a person have the right to defend themselves to the fullest extent that they can?…

    • 988 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    There are multiple ways that this can affect us, the most obvious being posting something incriminating online, but there are a few others as well. Police departments are checking possible candidate’s social media accounts in order screen for possible disqualifiers and to ensure they will not discredit the department (Roufa, 2017). Anything private will still require law enforcement going through the proper channels, usually requiring a warrant (Kelly, 2012). There has been multiple cases where someone has tried to argue that information found on social media is personal, but the courts have stood by the ruling that anything posted publicly does not have a legitimate expectation of privacy (Bianca, 2015). The Fourth District Court of Florida recently ruled that “…generally, the photographs posted on a social networking site are neither privileged nor protected by any right of privacy, regardless of any privacy settings that the user may have established” (Nucci v. Target Corp,…

    • 810 Words
    • 4 Pages
    Good Essays
  • Good Essays

    You can’t just choose between national security and privacy, it isn’t that black and white; the key is finding the balance between them for the right time. Privacy vs. national security has been an ongoing national and international debate that has many different ways to approach it from. There are certain things people must know before debating this topic, one of which being The Patriot Act. This is an example of a national Act attempting to balance national security and privacy. There’s also an example of this topic much closer to home with the Apple FBI scandal, which happened earlier this year. This debate is so hard to solve because it is ever changing with different current events.…

    • 513 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The right to privacy is an important topic and it happens to be a very sensitive subject in today’s United States of America. Many consider it one of the pillars of the American society and democracy. Others treat it as a privilege, not a right, making it acceptable to forego some privacy in the name of safety and security.…

    • 289 Words
    • 2 Pages
    Good Essays