Forum Chat - Can It Be Used Against You ??

Raptor

Raptor

Joined
Aug 31, 2000
Messages
1,343
Hi all,
I was talking to the wife about this new forum and knife legality issues when this popped into my head.
Could the posts here at the forums, that we submit, be used against us in the unfortunate event that we find ourselves in a legal battle resulting from self defense?
I'm sure that to a jury, some of these topics would seem crazy and outlandish.
Just because we find the subject of knife collecting, carrying, and usage normal does not mean that all of humanity will agree.
I would like to hear your opinions,and if possible, some actual facts on the subject would be welcome.
--The Raptor--


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Don't be worried about the one that you can see,be worried about the one that you cannot!!
 
Good question. I would say that since these forums are open to the public that they could be used, if the prosecution knew enough to check here. I am sure that a defense attorney would object. But I feel that the fact that these publics are open to the public would indicate that one doesn't have a reasonable expectation of privacy with regards to statements made here.

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Dennis Bible

[This message has been edited by shootist16 (edited 09-07-2000).]
 
Hmmm... that's an interesting question. However, I seriously doubt that anything you say here could be used against you, especially if you're anonymous. A prosecutor would have to do a lot of digging to even find your posts. Then he would have to show that your posts are relevant to whatever the self-defense situation was, which they probably aren't.

However, you might be able to use your posts in your defense. For instance: you could show some posts to a jury and say something like, "These posts prove that I was familiar with self-defense situations and self-defense law. They show that the actions I took in self-defense were neither irrational nor overly violent, but well thought out and carefully calculated."
 
I agree that they probably wouldn't be. The prosecution probably wouldn't know about it. They may have a hard time proving who sent it. And unless you make statements about wanting to kill someone, it wouldn't really be relevant anyway. Talking about the law or defense doesn't make you a crazed pre-meditated killer. I wouldn't sweat it too much.

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Dennis Bible
 
Thanks for the replies!! I appreciate all of your opinions.

I got to thinking about this again after reading the replies. I am not only curious as to how this subject relates here in this forum, but how other subjects in other forums could apply. We all have interests in certain knives, carry styles, carry systems, sharpening techniques, opinions on government policies relating to knives, etc., that could possibly be viewed by the general public as a little radical.
Also,in regards to whether or not a prosecutor could find (or would want to find) these posts, I feel that he would just love to get his hands on these transcripts. I also beleive that given how easy it is (in today's computer society)to use the PC as a investigative tool to locate this info. It should not be that difficult for him to force BladForum to submit all posts from an individual as well as his e-mail address. Once they have your e-mail address, they have confirmation as to your identity.
I do however recognize that a prosecutor would only find out that you participate in these discussions if you, or someone you know, tells him. Another possibility could be that they performed a search of your residence (I'm not sure if this would be leagl??) and they find your nice little collection of knives, which they would no doubt try to paint the picture of you as stockpiling an arsenal.
I hope that I don't sound paranoid. I was just letting my mind wander.
Any thoughts???

--The Raptor--


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Don't be worried about the one that you can see,be worried about the one that you cannot!!
 
Actually, that does sound a little bit paranoid. Or maybe you're just trying to sound paranoid because you're really an undercover government agent trying to trick us into incriminating ourselves!
wink.gif

I do however recognize that a prosecutor would only find out that you participate in these discussions if you, or someone you know, tells him.
Click to expand...
The prosecutor could just type your name in a search engine and then see everything that you've writen on the internet. If you use your real name on BFC, he could look at all of your posts. I doubt that a prosecutor would bother to go through that trouble though, and even if he did, there's no guarantee that he could use what he found. In fact, he probably couldn't use whatever he found unless you made some kind of specific threat or statement that you plan to break the law.

If you don't use your real name on BladeForums, there's no way a prosecutor could know that you post here. Unless you or someone else tells him, the prosecutor probably wouldn't even be aware that BFC exists. The only way they could know is if they seize your computer, which isn't going to happen, unless you've been selling nuclear secrets to China or something.
It should not be that difficult for him to force BladeForum to submit all posts from an individual as well as his e-mail address.
Click to expand...
The only situation I can see where BFC posts could be used against you is if, God forbid, some nut threatens to kill or seriously injure somebody in a BladeForums post. What would probably happen then is that the FBI would eventually get called and they would force BFC to release all information they have on the poster. Except for that kind of scenario, I doubt there would be a situation where BFC is obligated to release your personal info.

[This message has been edited by cerulean (edited 09-09-2000).]
 
Most of you seem to be concentrating on criminal prosecutions only. Never forget civil liability. Standards of proof are not nearly as high in a civil action. Ask yourself this, if a jury read my post on "The best knife to stab so and so with" might they be influenced against me? Might this make them more willing to accept a complainant's contention that I acted in an unreasonable manner with a knife? Would you want to try to explain to a jury that "it was just a joke." and do you believe that in today's society that answer would be good enough? Don't kid yourself. The contents of this forum would be unlikely to be uncovered by a prosecutor or civil attorney, however if they were you could be in deep sh!t.
 
Tortoise, I couldn't agree with you more.
smile.gif


--The Raptor--

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Don't be worried about the one that you can see,be worried about the one that you cannot!!
 
Absolutely. Civil convictions only need a preponderance of the evidence. Which means only 51% or just enough to tip the scales in favor of guilt. Much, much easier to get a civil judgement. The rules of evidence are a lot more lenient as well.

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Dennis Bible
 
I think that posts on this forum have a system of logging the IP. If (and I mean if) a prosecutor were to be smart enough to check this site out, you could probably be burned rather easily.

For instance, a forumite who might run an internet business selling autos to unqualified buyers (hopefully we don' t have any of those). If the person's computer were seized by LEO's it's very possible that they could corroborate his activity using internet sites like this forum.

If you don't want it used against you don't say it. However, I don't see anything wrong with talking about how the lawmakers screw up our knife laws on a daily basis. just .02.

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EXCUSE ME WHILE I WHIP THIS OUT.
**Blazing Saddles**
 
I've mentioned this before in other posts. Yes, your posts could be used against you, if they are discovered. It would be easier for the other side to find out about them in civil proceedings because of the civil discovery process. No, favourable posts could not be used in your favour because of restrictions against self-serving statements, but if they are necessary to clarify or respond to statements adduced by the prosecutor or the plaintiff, they could be admitted for that purpose.
The risk is low: but it does exist.
 
Thanks for all your replies/opinions/facts on this subject. Very interesting.

I look forward to furhter discussions.

--The Raptor--

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Don't be worried about the one that you can see,be worried about the one that you cannot!!
 
Check this out- http://bladeforums.com/ubb/Forum54/HTML/003189.html
Seems to answer the question of this topic from an angle we hadn't even considered a few weeks ago. Don't think I got the HTML right, but anyway, it's in the Blade Discussions in General.

[This message has been edited by tortoise (edited 10-03-2000).]

[This message has been edited by tortoise (edited 10-03-2000).]
 
Thanks to various illegal government electronic eavesdropping/surveillance practices, everything said here has most likely already been through some sort of filter. So there's little need to worry unduly. They simply cannot prosecute everyone that posts things they consider "distasteful" or even "offensive".

As far as prosecutors are concerned, I think those of us who are aware, already know they can and do use any and every possible tool imagineable to convict even the innocent, and frequently violate the law with impunity themselves to do so. In other words, absent outright admission of REAL criminal activity, what we say here is probably the least of our worries in a courtroom, especially in a criminal case. Regardless, at any level of government, if they WANT to get you, they will, one way or another.

See Ruby Ridge and/or Waco, among the more publicized incidents, for reference. There are THOUSANDS of much less publicized, and violent, flagrant violations of "color of law" every year, that you will never hear about. Whether YOU become a target is more often determined by chance or whim than reality. Scary, isn't it?

Oh well.
biggrin.gif



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George
StarPD
 
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