Thursday, March 5, 2009

YouTube links as evidence

A petition filed with the US Supreme Court last month cited a YouTube video link to show the facts behind the case involving alleged police brutality committed by Deputy Jonathan Rackard of the Washington County Florida against Jesse Buckley. In the petition, Buckley appealed his loss before the US Court of Appeals which voted 2-1 that the Eighth Amendment was not violated in the case, reversing a decision from the trial court that the video offered presumptive proof of a constitutional violation. Said video in Buckley v Haddock shows Buckley crying and failing to comply with Rackard’s orders to stand up and get into a cruiser. Despite the lack of violent behavior on his part, he is repeatedly tasered by Rackard as a punishment for failing to comply.

Whether or not the Supreme Court is ready for the YouTube era is currently a subject of debate in the US because it has the potential to unsettle the way judges do their work. Meantime, it doesn’t hurt to revisit our own Rules of Court and mull on the impact of technological advancements on law and order to make the rules more responsive to the demands of the times.

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