Techdirt Podcast Episode 237: How Privacy Laws Harm Criminal Defendants

from the collateral-damage dept

Privacy laws are often well-intentioned, but rarely without terrible unintended consequences. And some of these fly right under the radar, like the fact that various privacy laws have made it harder for defense teams in criminal trials to access critical information, even as law enforcement and prosecutors don’t seem to face the same problem. This week, we’re joined by Berkeley Law’s Rebecca Wexler, who has been tracking this issue and working on an upcoming paper about it, to discuss how privacy laws are harming criminal defendants.

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Comments on “Techdirt Podcast Episode 237: How Privacy Laws Harm Criminal Defendants”

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12 Comments
Burgers Allday (profile) says:

This is about popo's fb and tweets

I think that this issue is about, mostly the idea that criminal defendants cannot get access to racist policemens’ racist Facebook posts and other social media posts. Also about policemen who are overly punitive overly punitive and / or conclusory in their investigations. The attitudes of a typical policeman have gotten a lot worse since 9/11. and you can see this on social media. And if criminal courts did see this, it would be a watershed moment that law enforcement does not want to have happen.

Tanner Andrews (profile) says:

Privacy laws are often well-intentioned

But then you have people promoting "Marsy’s Law" in its various incarnations. Good intention there seems unlikely unless combined with deliberate blindness.

Conceal identify of victims? Well, the charging document is going to be incomplete, and it is going to come out during discovery. Allow victim participation in proceedings. That should slow things nicely, and open everything up to some due-process challenges.

And who is the victim? In criminal cases, technically, the state or its rulers. Thus, the classical language "against the peace and dignity of [the king]" or "contrary to the form of the statute in such cases provided".

Sorry the markdown tends to mung quotes, maybe the Techdirt folks could look into this new HTML stuff.

StacyParker says:

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