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Evidence

The Catholic University of America, Columbus School of Law

Evidence

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Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl Jan 2024

Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl

Catholic University Law Review

Social media allows users to exchange thoughts and ideas without saying a single word. Whether a user “likes” “reposts” or “quotes” third-party content, a user publicly interacts with content authored by someone else with the click of a button. Is this online activity more akin to a user making a statement, adopting a third-party’s statement, or not making a statement at all? Does it matter? Only certain statements can be used against you at trial. Federal Rule of Evidence (“Federal Rule”) 802(a) provides that “hearsay” is an out-of-court statement offered for the truth of the matter asserted. According to Federal …


You Can't Trust Everything On The Internet: A Look Into Texas' And Maryland's Approach Of Social Media Authentication, Danielle Orr Jan 2021

You Can't Trust Everything On The Internet: A Look Into Texas' And Maryland's Approach Of Social Media Authentication, Danielle Orr

Catholic University Journal of Law and Technology

If unauthenticated evidence is admitted into the court's record, and makes a defendant’s charge more probable, that defendant’s Fifth and Fourteenth Amendment rights to life and liberty have been violated. Social media evidence, due to the ease of hacking and catfishing, can be unreliable, thus Maryland and Texas have led the way, with two respective approaches, on how to handle such evidence. Maryland, with its proscribed three authentication methods, has a less trusting view of social media, and realizes the dangers wrongfully entered evidence may have on a defendant’s due process. Alternatively, Texas has not heighten scrutiny on social media …


The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox Jan 2012

The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox

Catholic University Law Review

No abstract provided.