In Your Defense
Attorneys Matt Huppertz and Mark Powers are partners at the criminal defense law firm of Huppertz & Powers, S.C. in Waukesha.
Since beginning his career in 1982, Huppertz has argued before the Wisconsin Supreme Court five times and has lectured on the admissibility of DNA evidence in criminal cases.
Powers served as an Assistant District Attorney with the Waukesha County District Attorney's office as well as a municipal judge in North Prairie.
For more information, please visit www.waukeshacriminalattorneys.com.
Flash Mobs: Why Going Along With the Crowd Can Be a Very Bad Idea
When we talk about flash mobs, sometimes we think about the fun flash mobs we see on the Internet. For instance, the spontaneous song and dance of a large group of people at Grand Central Station in New York was very entertaining, innocent fun and, obviously, it was great to see. There are many similar entertaining flash mob appearances available for viewing on You Tube.
The bigger issue is when you have a large group of young people at stores or shopping centers such as the Mayfair Mall last year where they willfully caused destruction, stole merchandise, and scared customers and employees. The police arrested nine juveniles after 80 to 100 young people stampeded through the Boston Store, knocking over mannequins and racks of clothes. There were fistfights. It was ugly.
When you get a large group of youth together, especially if it’s highly coordinated with the use of the Internet and Facebook, it becomes instantly overwhelming for security, let alone those working in the stores. When large groups wander into the store, you can’t keep an eye on all of them.
Flash mobs are a serious, ongoing issue and parents need to be talking about this problem with their teenagers. In Wisconsin, we have the concept of party to a crime. Let’s say there’s a flash mob where somebody gets beat up or a large theft takes place at a store. In this day and age, security cameras are everywhere. If your child is identified or it becomes clear that they are a party to this or has direct knowledge of how the flash mob was planned, there’s an argument to be made that they were a party to a crime and can be charged accordingly.
When these flash mobs occur, a big part of the fun is that the kids take out their phones and video the action. The video makes its way onto You Tube. If you are identifiable on the video, even if you’re not the one throwing a punch or stealing something, there’s a good argument that could be made by prosecutors that you are now party to a crime.
Again, you could be charged accordingly. It could be battery, theft, vandalism, or criminal damage to property.
Just as we advise our clients about how to monitor their kids’ use of cell phones and other mobile devices, we strongly urge parents to take a keen interest in how their youngsters are using the devices. For example, if you see text messages or notice that their Facebook page mentions that a flash mob will be taking place, ask questions. Don’t let them go to these types of gatherings because nothing good is going to come of it. Make sure your kids are doing what they are supposed to be doing, not taking part in nefarious activities via the Internet or over the phone.
It’s all just one more example of why being a parent is such a tough job. But making the effort could very well save your child from having a criminal record.
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