NCJ Number
61448
Journal
Villanova Law Review Volume: 22 Issue: 6 Dated: (OCTOBER 1977) Pages: 1171-1213
Date Published
1977
Length
43 pages
Annotation
FOUR ARTICLES ON THE TOPIC OF COMPUTERIZED CRIMINAL JUSTICE INFORMATION SYSTEMS REFLECT VIEWS DEVELOPED DURING A SYMPOSIUM HELD AT THE VILLANOVA (PA.) UNIVERSITY SCHOOL OF LAW IN 1977.
Abstract
THE VILLANOVA SYMPOSIUM EXAMINED WHETHER CERTAIN TYPES OF INFORMATION SHOULD BE COMPUTERIZED IN A LARGE AUTOMATED CRIMINAL JUSTICE INFORMATON SYSTEM WHICH IS INTENDED TO PROVIDE DATA TO A NUMBER OF CRIMINAL JUSTICE AGENCIES. SPECIFIC ANALYSIS OF THIS POLICY ISSUE INCLUDES INFORMATION ON ARRESTS THAT DO OR DO NOT RESULT IN CONVICTION, PERSONAL HISTORY INFORMATION, AND MEDICAL HISTORY INFORMATION GATHERED BY CRIMINAL JUSTICE AGENCIES. AS AUTOMATED DATA PROCESSING TECHNOLOGY BECOMES MORE SOPHISTICATED AND PERHAPS LESS EXPENSIVE, GOVERNMENTAL BODIES WILL HAVE TO DECIDE TO COMPUTERIZE CRIMINAL PERSONAL PRIVACY AND EFFICIENT LAW ENFORCEMENT. THE OF PERSONAL PRIVACY AND EFFICIENT LAW ENFORCEMENT. THE U.S. SUPREME COURT HAS IDENTIFIED A RIGHT TO PRIVACY FOR INDIVIDUALS AND USED THIS RIGHT TO PROHIBIT THE STATES FROM INTRUDING ON THE LEGITIMATE ACTIVITIES OF CITIZENS. NEVERTHELESS, IN LAIRD V. TATUM (1972) THE COURT HELD THAT THE GOVERNMENT'S GATHERING OF INFORMATION AND MAINTENANCE OF FILES IS NOT UNCONSTITUTIONAL. BY 1976, ALMOST ALL THE STATES HAD DEVELOPED AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS CONTAINING CRIMINAL HISTORY RECORDS OF MILLIONS OF INDIVIDUALS. ALTHOUGH USEFUL IN LAW ENFORCEMENT, THE INFORMATION CAN HARM INDIVIDUALS WHO WERE ARRESTED BUT NOT CONVICTED. OPPORTUNITIES FOR JOBS AND SCHOOLING CAN BE RESTRICTED BY THE IMPROPER USE OF CRIMINAL DATA GATHERED ON INNOCENT PARTIES. RECOMMENDATIONS INCLUDE RESTRICTIONS ON THE USE OF CRIMINAL JUSTICE DATA AND THE EXPUNGEMENT OF HARMFUL DATA ON INNOCENT PERSONS. REFERENCES ARE PROVIDED. (TWK) (TWK)