2 days ago
Caught on camera: Online outrage won't shortcut Hawaii's legal process
HONOLULU (KHON2) — Recent viral videos on social media have sparked quick action by law enforcement, from alleged abuse to bullying.
Viral Wahiawa bully video sparks community outrage
It takes more than just likes and shares to move a case forward, however.
A recent video showed multiple teenagers attacking a woman on the street — it had gone viral within hours. Over 11,000 were watching a livestream at one point as a crowd went to confront those they believed were responsible.
'I was a little bit surprised that it got that heated that quickly. I think it was because of the fact that the woman was severely beaten on camera. That just elicits an extreme response,' said Stolen Stuff Hawaii creator Michael Kitchens. 'Anything involving animals where they're getting abused or even people who are, for example, disabled or just people that are being unfairly treated in a grandiose way.'Other recent viral videos of alleged animal and child abuse also sparked community concern. KHON2 was told that prosecuting these cases is not as simple as uploading clips to social media.
'As a former prosecutor, we have to have the person that took the video. The person has to say that it's a true and accurate copy of the video he or she took, and he didn't. He or she didn't revise it, change it,' said defense attorney Megan Kau.
Legal experts pointed out that the pursuit of justice has its own rules for showing video in court, and the fact that it has been seen by thousands online does not mean that it will be played in front of a judge.
'And moreover, people that take videos don't want to be questioned by the police department. They don't want to have their phones recovered, and they don't want to have their their valuables taken from them so they don't give up the video,' Kau said. 'So we have that disconnect, right?
See below the statements from the Honolulu Prosecutor's Office and the Honolulu Police Department:
How much weight does your office give to viral social media videos when deciding whether to file charges?
Whenever a concern is brought to our office, we will work with our law enforcement partners to ensure that a thorough investigation is conducted to verify information whether received from an individual or through social media. Videos, whether from phones, surveillance cameras on buildings, or on HPD BWC are often useful in proving a case beyond reasonable doubt. That is the standard we use in all cases, not the source of the video.
Have you seen an increase in community pressure to prosecute cases that gain traction online — and does that affect how or when you proceed?
We have not seen an increase in pressure to prosecute cases that gain traction online. In any case, we will file charges, if, after a thorough investigation by law enforcement, there is sufficient evidence to prove the case beyond a reasonable doubt at trial. That standard does not change regardless of how the case came to the attention of law enforcement.
Do viral videos ever complicate prosecution, such as by influencing witness cooperation/jury pools or the defendant's right to a fair trial?
Viral videos, like media coverage, of any case, may have an impact on the ability to pick an unbiased jury. However, we are confident in our justice system and the judges that oversee these cases to ensure that both sides are able to have a fair trial.
Honolulu Department of the Prosecuting Attorney
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How much weight do viral social media videos carry in the initial HPD investigation?
Any social media video which captures a possible crime being committed immediately becomes a vital piece of evidence in the investigative process. As investigators, an important aspect of our job is to understand what is happening in our communities, and certain social media videos become 'viral' due to its content and the shared sense of concern, outrage, and yearning for justice by our community. Once a video in question is brought to the attention of the Honolulu Police Department, our initial goal is to ensure the legitimacy of the content while balancing our obligation to help identify all parties involved to ensure the opportunity for the investigative process to occur.
Have you seen an increase in community pressure to investigate cases that gain traction online — and does that affect how or when you proceed?
Yes, the Honolulu Police Department has seen an increase in community concern regarding viral social media videos, with many of those videos being directed to our social media pages. By immediately starting the investigative process, it helps to ensure community trust that any victims will be identified while the suspects will be held accountable for their actions. HPD's track record in immediately and successfully addressing recent viral social media videos should also help to underscore the importance of our community to allow us to do our jobs and not allow acts of vigilantism by our community to occur.
Do viral videos ever complicate investigations, such as by influencing witness cooperation?
Most viral videos are posted to expose a crime or to elicit a response from the viewers. The videos are usually short in nature and may not show the precipitating circumstances that led to the criminal activity. It gives the viewer a limited perspective and does not tell the whole story. Viral videos may reduce our investigation time by identifying victims, witnesses or suspects but HPD detectives do not rely solely on the video itself as probable cause for an arrest. Videos in general are a great tool in the investigators arsenal and can provide an unbiased witness account of the events.
Honolulu Police Department
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