ABSTRACT
This chapter presents the findings of an empirical study of court files (n = 478) from ten local courts in the Warsaw region. The analyzed cases were concluded between 2017 and 2019. The purpose of the survey was to examine the use and impact of social media evidence in criminal proceedings; it aimed to assess the prevalence, types, and significance of social media evidence in a variety of criminal cases. Nine crimes (criminalized by the Polish Penal Code) were included in the survey. These ranged from defamation, through stalking, to dissemination of pornographic materials – a broad selection of crimes where, according to the literature and the research team’s hypothesis, evidence from social media might be present. It proved to feature in more than 30% of the cases analyzed (n = 154). The findings highlight the ubiquity of social media evidence in criminal cases, with a significant proportion of court files containing references to social media platforms. The chapter examines the different types of social media evidence encountered, including posts, messages, photos, videos, and location data. It examines how this evidence was used to establish facts, support or challenge witness testimony, and contribute to the overall narrative of each case. It describes the techniques used by law enforcement to secure social media evidence (suspect hardware, social media platforms) and the role of expert witnesses. The results challenge some criminological theories, particularly rational choice theory, as in most of the cases analyzed, suspects used their own private accounts with their real names to commit crimes. The findings also underscore the importance of adapting legal frameworks and procedures to the unique challenges posed by social media platforms to ensure the fair and effective use of this type of evidence in criminal proceedings.
