More than a decade ago, the rivalry between two San Diego street gangs erupted into a brutal street war that lasted nearly three years and involved at least four murders and half a dozen attempted murders.
In May 2014, the District Attorney’s Office charged nearly two dozen people in a conspiracy case alleging a general agreement among gang members to kill their enemies, which resulted in many charges and long prison sentences.
The case against one of the gang members, Nicholas Hoskins, relied heavily on his social media posts to taunt his enemies and even commemorate some of the attacks. But earlier this month, in a decision that could have broader implications for how prosecutors use social media to support conspiracy cases and gang prosecutions, the Supreme Court made a the state is not enough to punish him.
In a unanimous decision, the court said there was no evidence to show that Hoskins had committed any particular act of violence, or that he aided or abetted other gang members in any murders or attempted murders. to kill people. Posts on Facebook or photos promoting the gang may be inciting, but there is not enough evidence.
“An accomplice, regardless of motivation, is not a conspiracy unless the prosecution can prove that the accomplice was intended to play a role in the accomplishment of the crime,” the letter said. said Associate Justice Leondra Kruger.
Steve Walker, director of communications for District Attorney Summer Stephan, said the case will not be pursued again.
Walker said in a statement that only the charge against Hoskins was dropped. “We are grateful that the verdicts against the other two defendants, who were charged with conspiracy to commit murder, have been upheld on appeal, allowing those involved in this case to have the comfort of there is a measure of justice and accountability for the loss of life and other bad things done,” he wrote.
This is what Nancy Olsen said, her lawyer successfully argued the case before the Supreme Court for eight years after Hoskins was convicted in prison, and may be released in the coming weeks.
The case against Hoskins rested on several elements – his involvement in the 5/9 Brims gang, the first police encounter in which he was found in possession of a firearm, and his long relationship with another member of the gang who was convicted in the shooting of August 2013. However, Olsen said that the majority of evidence is the number of social media reports that Hoskins has made over several months.
In August 2020, the 4th District Court of the Court of Appeals upheld many of the charges against Hoskins and two other men who appealed again. There are two types of criminal conspiracy in the case against men.
One is the gang conspiracy charge, which states that powerful gang members can be charged with crimes committed by other gang members, if they have general knowledge of the gang’s criminal activities and promote or successful in any crime committed by the gang.
The second is the common criminal conspiracy law, which states that two or more people must enter into an agreement to commit a crime, and one of them does an act to further the crime.
The appeals court struck down the conspiracy charge, saying there was no evidence to show that he succeeded or promoted a specific crime committed by the gang. But it dropped the general conspiracy charge to kill gang candidates. That’s what Hoskins’ lawyer appealed to the Supreme Court.
In his decision, Kruger said that while prosecutors argued that the ad opened a window into Hoskin’s mind, the media doesn’t work that way.
“Social media is not a bedside journal; a basis for information aimed at a particular audience,” he wrote. There can be “an element of performance or motivation,” too, and the jury must determine whether a post is a empty pride or not.
He also wrote that years ago the US Supreme Court held that “the First Amendment prohibits punishing a person for association with others – even if it is part of a group based on on a violent target.”
Hoskins’ case echoes a previous San Diego case against Aaron Harvey and Brandon Duncan, a rapper also known as Tiny Doo. In 2014, just one month after the case involving Hoskins was filed, the couple and 14 others were charged with conspiracy, with prosecutors pointing to Duncan’s rap lyrics. and Harvey’s Facebook posts as proof of their involvement.
The case attracted the attention of the country because of its First Amendment, and in 2015 the charges against the two and many others were dismissed by the judges.
David Loy, the legal director for the First Amendment Coalition, said that the case of Hoskins confirmed the basic principle that no one can be punished under a crime by the organization. And he said the court has set an important benchmark in the use of social media.
“The court said that not everything posted on social media can be taken seriously,” he said. “This was true long before social media. People brag and brag in a way that can’t be the real thing.”
Loy said Kruger didn’t say the media can’t be used in a lawsuit, “but it should be viewed with skepticism.”
Public Relations Often referred to as ‘additional punishment, it can, for example, include loss of work, family hardship, animals’ a physical and visa cancellation. If this happens, the offender may receive a reduced sentence.
Legal, Moral, and Society Issues in Media and Information…
- REPUBLIC LAW No. 10175….
- MANAGER. A legal device that gives the creator of a text, image, music, or other creative work the right to publish and sell that work. …
- PLAGIARISM. …
- FIRST ZIP. …
- COMPUTER CONTROL. …
- DETAILS OF INFORMATION.
How is social media used in the criminal justice system?
In addition, law enforcement professionals use social media to identify suspects, obtain information on criminal activity, locate missing persons and track organized crime. Read also : NFHS Network. Researchers do not need any kind of special privileges to obtain personal information about users in these cases.
How does the media influence the criminal justice system? Public opinion is related to the pressure to change criminal policies., especially when the fear of a crime is high. usually, criminal activity. rates, and daily operations of the criminal court…
How can social media help prevent crime? How can law enforcement use social media for crime prevention? Publish Crime Prevention Tips. The Department’s websites and social media pages provide excellent resources for disseminating crime prevention tips. This information can emphasize and strengthen the crime prevention activities that take place in a particular month.
