Criminal Justice in the Age of Sharing

Over the years I’ve been a lawyer, much has changed, affecting the practice of law. Social media, YouTube, and the rise of true crime shows have had a profound impact on the criminal justice system, influencing how crimes are investigated, prosecuted, and perceived by the public. These platforms have transformed not only the accessibility of information but also the dynamics between justice, media, and public opinion. While they have promoted awareness and transparency, they have blurred the line between factual reporting and entertainment, often complicating legal processes and public understanding, often leading to inaccurate public perception.

Anyone with a phone can share updates, videos, or theories about ongoing investigations. This free access had led to greater scrutiny of police practices, judicial procedures, and sentencing outcomes. Similarly, citizen journalism and videos have played roles in holding law enforcement accountable, as seen in high-profile cases where video footage obtained by bystanders was crucial to obtaining justice.

However, this digital transparency can come with significant drawbacks. Public commentary and speculation can interfere with the integrity of investigations and trials. Potential jurors may be exposed to biased, incomplete or inaccurate information online, making it more difficult to ensure impartiality. The phenomenon of “trial by social media” allows the public to form judgments long before evidence is presented in court, potentially prejudicing outcomes. Additionally, misinformation spreads quickly online; amateur investigators sometimes wrongly name suspects, leading to defamation, harassment and even vigilante behavior where innocent people are misidentified by online users. This gives rise to vigilante behavior which is illegal, in which individuals or groups lacking formal legal authority employ social media to publicly shame, dox or bait those they suspect of wrongdoing. Perpetrators of vigilante justice often view themselves as heroes or as morally superior but in fact often their actions often have adverse impact on the prosecution of cases. Acts of perceived justice by vigilantes can be viewed as crimes themselves. Another impact felt in our office and reported by other agencies is the 100% increase in IPRA requests.

YouTube and true crime shows have further shaped criminal justice through dramatization. Crime shows and true crime media are immensely popular. Researchers from Edison Research, Pew Research and others have found that 85% of the U.S. Population over the age of 13 consume true crime in the form of podcasts, television, and YouTube channel programs. The popularization of crime shows has led to a greater demand for content. Consequently, the use IPRA laws are stretching beyond their original intent. IPRA is one of the core Sunshine laws, the Inspection of Public Records Act (IPRA) enables access to public records of governmental entities in New Mexico. As outlined by the NMDOJ, “IPRA enables access to public records of governmental entities in New Mexico recognizing that the public is entitled to information regarding the affairs of government and the official acts of public officers and employee’s.” (NMDOJ) This transparency is valuable, but what is happening in large measure are requests from television shows, production companies and vloggers with crime shows increasing 100% requesting entire case files, to construct crime shows, for profit, and there is no basis in the IPRA law to protect against this. Recently two D.A. staff members have spent two months reviewing and redacting a high-profile case requested by a production company with offices in Los Angeles and London for a documentary in production. I’ve no objection to making what may end up being and insightful documentary, but the fact that the staff of a state agency worked full time for two months with their salaries paid by the tax payers of New Mexico, to provide material for the for  a for-profit company, is not what IPRA was intended for. This is just one example of those we see weekly.

Often these shows highlight flaws in policing or prosecution. These productions can promote critical discussion about wrongful convictions and the fallibility of forensic evidence, leading to policy reform or retrials. They may also make complex legal topics more understandable to the public, increasing interest in justice and law. However, their entertainment driven framing can lead to oversimplification or sensationalism which distorts public perception of the legal process. Viewers may come to see justice as a story of heroes and villains rather than a nuanced system of laws and evidence.

True crime’s popularity has also sparked debates about victim exploitation and desensitization to violence. Families of victims sometimes object to the retelling of traumatic events for entertainment value. Meanwhile, platforms that commercialize crime stories through ads, merchandise or commentary raise deeper questions about empathy, consent, and profit within the context of criminal justice.

Social media, YouTube, and true crime shows have created a complex ecosystem around the criminal justice system. They empower citizens to engage and question authority but also risk spreading misinformation and sensationalism. The challenge moving forward is to balance public involvement and transparency with fairness, accuracy, and respect for due process.

The Epidemic of Teen Violence

Recently, the news has been full of reports of teen violence across the State. A Target 7 investigative report noted that leaders across the State say kids killing other kids has become an epidemic in which a charge of homicide is often the first crime with which they are charged. They also found that 5% of the murders in New Mexico were committed by youth between the ages of 15 and 19. Firearms remain the leading cause of death for this age group, and according to the FBI, New Mexico ranks first among states for youth murdered per capita. This is unfortunate, and it does not surprise me.

What is going on here? A look at the cases in my own district over the last 3 years, fortunately, does not reflect the statistics of 5% of teens committing murders, though we have had some. (My colleague D.A. Sam Bregman, just one county over, has linked 70 murders to 53 juveniles in just the last two and a half years.) In the 13^th District, we have seen an increase in armed robberies by teens, shootings at dwellings and occupied buildings, and at or from a motor vehicle, unlawful possession of handguns, and aggravated battery with a deadly weapon with great bodily harm. Overall, juvenile crime is down, but violent crime by juveniles is up across the State. There appear to be no simple answers. This troubling trend is undoubtedly influenced by a variety of social, psychological, and environmental factors that create a perfect storm for violent behavior during a formative stage of life, leading to a cluster of risk behaviors.

Many have observed that life's value no longer seems paramount for much of society. Schools and after-school arts and sports programs are underfunded and/or out of reach financially for many families. Underfunded schools with limited counseling and support staff are less equipped to identify at-risk youth or intervene early in the cycle of violence. Many schools also rely heavily on punitive discipline rather than restorative practices, which can alienate students and push them further toward harmful behavior.

Lack of supervision, social media influence, and peer pressure are often cited as key drivers. Youth have easy access to guns, which, in their minds, no doubt makes them look cool. The mental health and trauma of a teen are also tied to violence. This can often be linked to the child maltreatment rates in the State, which are among the highest in the nation.

Our laws lag far behind the documented rise in violent crime. The State of New Mexico has a Children’s Code, which has not been updated since 1995, which means that our options when trying a case of juvenile violence are limited.

For example, if a youth is charged with first-degree murder, they can be charged as an adult. With second-degree murder, rape, and robbery, it must first be shown that the defendant is amenable to treatment and rehabilitation, with the idea being that with rehabilitation, they will not become an adult offender. It is rare for a judge to determine that a youth offender should be tried as an adult.

The trends in the state lean toward rehabilitation. I am not opposed to rehabilitation, but along with the laws being behind the times, so too are the treatment options. Juveniles who could be amenable to treatment or found incompetent do not have treatment options in the state. Consequently, they are often held in jail until they turn eighteen before being transferred to one of the limited options we have for rehabilitation.

This is not a secret “epidemic.” Policy makers are considering a range of options. House Bill 255 (March 2025) pursues justice reforms aiming to expand mental health and social services and bolster accountability for serious juvenile crimes. The governor is proposing a $1 billion trust for mental health, addiction, and child welfare reforms, which hopefully will include facilities for juveniles.

While all these efforts are steps in the right direction, sustainable improvements will require continued multi-faceted efforts across law enforcement, education, mental health, and community and family systems. Law enforcement and policymakers should continue to focus on prevention and rehabilitation, not just punishment, while at the same time considering a balance of stricter accountability, all to make our youth and communities safer. In this scenario, everything is necessary because this is truly an example in which the whole is greater than the sum of the parts. Only by understanding and addressing the root causes can we hope to reverse this disturbing trend and create safer communities for all.

Crime Victim Assistance through the District Attorney's Office

All District Attorney’s Offices in the State of New Mexico have a Victim Assistance staff. Depending on the size of the office there may be one victim witness coordinator or more, all of whom are there to advocate for victims, to offer a secure, comfortable, supportive environment where victims, witnesses and their families are introduced to the services available to them as they go through what in many cases is the worst time in their lives.

The 13th District Attorney’s office currently has five Victim Witness Coordinators – two in Sandoval County, Don and Judith, two in Valencia County Lacey and Alma and one in Cibola County, Deeva and one court dog named Cowboy to support victims through the course of criminal prosecution.

The testimonies provided by victims and witnesses are crucial to legal proceedings because they play a significant role in determining the outcome of a case. Each case is assigned its own victim-witness coordinator at the outset, who provides the victims with information about the court system, notification of court hearings, information about offender release and lets each victim know their rights. This is not all a victim advocate does. Each case is different, and each victim needs different help.

Don explained, “

More than anything our role is support and guidance. And to be frank we act as translators and guidance counselors for what the legal system is either doing to them or for them. The system is designed to protect the rights of the defendant. Most victims don’t have equality in terms of their rights and sometimes it’s hard to communicate this with the victims. Part of our job is to help them understand what is happening every step of the way and to support them and their families in the best way possible.”

Lacey, said that “often the hardest thing is when the victims don’t want to proceed”. This is particularly true with victims of domestic violence. Often the perpetrator is their “best friend” or the main earner for the family. How will the bills get paid if s/he is in jail?  What will the impact be on the family? So often the victim is also afraid of retribution and more violence because s/he supported court proceedings against their abuser.

While it doesn’t solve everything the advocate can assist the victim in accessing resources for possible reimbursement, rental assistance, counseling, loss of wages etc. For example, the Crime Victims Reparation Commission (CVRC) has applications for financial assistance up to two years from the date of the incident. The advocate can also point to resources for seeking Orders of Protection.

Lacey says that each day on the job is different, and she never knows what she is walking into. When victims take their frustrations out on her she tries not to take it personally. At the same time its critical “to try and keep my own emotions in check. These cases are hard and loaded. Sometimes it is especially difficult to both support AND respectfully separate my emotions from the victims’ emotions. My connection with the victims I support is personal. I’m with them all the way. Explaining the system to them, going to hearings, answering questions, sitting with them in court when they are scared, helping them get assistance as needed. When we lose cases, it’s hard, but the truth of the matter is my life goes on. The victims live with the crime and the outcome for the rest of their lives. That is one of the things I communicate from the beginning. Going to trial is not a guaranteed win. This is for me, especially hard when the crime has been committed against a child. When you don’t get the victory, the child essentially still has a life sentence in terms of living with what has been done to them.”

Deeava tells everyone not to be afraid to reach out. She is committed to being available and appreciates that her work helps to de-mystify the process and the work that we do.

I take so much pride in my work. I love helping people in the worst time of their lives, helping them to feel better and overcome obstacles. When you see someone who was literally terrified to testify, get up on the stand and speak the truth of what happened to them and overcome their fears, you can literally see that person change and grow before your very eyes. It’s the most rewarding thing to witness.

The commitment and dedication of our Victim Assistance staff is unparalleled. It is hard emotional work but as Don says, "There is nothing better than walking out of a courtroom and seeing a victim be able to breathe again. To have them turn and give you a hug and to have them say they couldn’t have done this without me. Personally, I have never worked at a job where I have felt so appreciated".