NCJ Number
79428
Journal
New York University Law Review Volume: 55 Issue: 6 Dated: (December 1980) Pages: 1110-1230
Date Published
1980
Length
121 pages
Annotation
This paper examines defects in computerized criminal history information systems that result in violations of constitutional guarantees of due process.
Abstract
After briefly discussing the evolution of manual criminal history files, the paper traces the uncontrolled development of computer systems from the 1960's and the failure of Government to regulate effectively the proliferation, quality, and operation of incompatible computer systems. The paper documents the consequences of Government's failure to regulate these systems and presents the results of (1) a systematic audit of New York's computerized criminal history information system and (2) national surveys of prosecutors, defense organizations, and State planning agencies to determine whether the findings of the New York audit are representative of those of other jurisdictions. In New York, nearly three-quarters of the 'rap sheet' (compilation of an individual's criminal history) entries are either incomplete or inaccurate. Findings of the New York audit were consistent with the national surveys. The paper describes the use of rap sheets at each stage of the criminal process and demonstrates that reference to defective rap sheets results in harsher treatment of criminal defendants. It argues that the use of rap sheets containing inaccurate or inappropriate information violates the due process clauses of the Constitution. Because these data give rise to a presumption of guilt, they should not be used by criminal justice officials in their decisionmaking processes. Methods of regulating criminal history information systems are suggested, such as hiring independent auditors to conduct regular audits of these systems. Footnotes and the survey instruments are appended. (Author abstract modified)