mljdeckard
Member
More than once I have read caution in here where members have advised; "Be careful what you post in here. It could be used against you in court if you are ever involved in a shooting."
I am asking plainly, if this has ever even come close to happening. Is there any known example in a court transcript where someone's comments in a forum such as this have been read into evidence? A few big reasons they would not be admissable come to mind.
1. It's virtual hearsay.
2. They are impossible to authenticate, that the person who holds the login is responsible for all comments made.
3. Comments made in an open forum like this one, where anyone can enter any ID information they want to without any kind of verification, under the cloak of anonmity, hold no reasonable belief of honesty, and therefore hold no probative value.
4. Archived or copied comments have trouble getting past the "best evidence" rule, which excludes items like photocopies of documents because of difficulty in authentication.
I am among those who have advised people to resist their more 'inflammatory' comments in here because it certainly doesn't do our cause any good, but I am asking those with actual legal experience, both attorneys and various flavors of laypersons to show examples where comments like these have ever been admitted in court.
I am asking plainly, if this has ever even come close to happening. Is there any known example in a court transcript where someone's comments in a forum such as this have been read into evidence? A few big reasons they would not be admissable come to mind.
1. It's virtual hearsay.
2. They are impossible to authenticate, that the person who holds the login is responsible for all comments made.
3. Comments made in an open forum like this one, where anyone can enter any ID information they want to without any kind of verification, under the cloak of anonmity, hold no reasonable belief of honesty, and therefore hold no probative value.
4. Archived or copied comments have trouble getting past the "best evidence" rule, which excludes items like photocopies of documents because of difficulty in authentication.
I am among those who have advised people to resist their more 'inflammatory' comments in here because it certainly doesn't do our cause any good, but I am asking those with actual legal experience, both attorneys and various flavors of laypersons to show examples where comments like these have ever been admitted in court.