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Given that there’s no reason prosecutors can’t or won’t mine these sites for character evidence, technology is in essence handing these defendants a noose to hang themselves with.
The pictures depicted him at a Halloween party dressed as a prisoner in an orange jumpsuit labeled “Jail Bird.” The judge slammed him with a two-year jail sentence.
A girl charged in a fatal drunken driving crash also had photos from her My Space page downloaded by prosecutors, who used them in their pre-sentencing report.
Still, there’s the danger that a photo taken out of context can be disproportionately damning.
In the 20-year-old’s case, he was remorseful enough to drop out of college and write apologies to the victim and her family.