NCJ Number
48463
Date Published
1978
Length
33 pages
Annotation
THIS REPORT FOCUSES PARTICULARLY ON CALIFORNIA AND THE LAWS GOVERNING THE COLLECTION, MAINTENANCE, AND DISSEMINATION OF CRIMINAL HISTORY AND INVESTIGATORY INFORMATION ON PRIVATE CITIZENS AND ORGANIZATIONS.
Abstract
THIS BOOKLET PROVIDES AN ANALYSIS OF THE EXISTING RECORDKEEPING PRACTICES OF FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES. AN EXAMINATION IS CONDUCTED ON THE CASES OF 12 INDIVIDUALS WHO WERE THE SUBJECTS OF BOTH FEDERAL AND LOCAL INVESTIGATIONS. THE GOVERNMENTAL ABUSES AND VIOLATIONS OF THE CONSTITUTIONAL RIGHTS OF THESE INDIVIDUALS ARE DEFINED. EMPHASIS IS GIVEN TO ARBITRARY OR ABUSIVE RECORDKEEPING PRACTICES AND THE INDIVIDUAL'S MINIMAL PROTECTION. THE EFFECTIVENESS OF THE FREEDOM OF INFORMATION ACT IS DISCUSSED. THE EXISTING LAWS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS DO NOT PROVIDE ADEQUATE PROTECTION TO CITIZENS. THE BALANCE BETWEEN LAW ENFORCEMENT'S RIGHT TO APPREHEND THE CRIMINAL AND PREVENT CRIME ON THE ONE HAND AND THE CITIZEN'S RIGHT TO PRIVACY AND RIGHT TO KNOW ON THE OTHER HAS SWUNG IN THE DIRECTION OF LAW ENFORCEMENT. THERE IS A NEED TO CORRECT THIS IMBALANCE BY CHANGING THE LAWS WHICH GOVERN THE RECORDKEEPING PRACTICES OF LAW ENFORCEMENT AGENCIES. A BEGINNING IS TO OPEN UP LOCAL ENFORCEMENT INVESTIGATORY FILES TO ITS SUBJECTS SO THAT FALSE INFORMATION MIGHT BE CORRECTED AND THE INDIVIDUAL'S CONSTITUTIONAL RIGHT TO DEFEND HIMSELF UPHELD. A LIST OF RECOMMENDATIONS IS GIVEN TO CHANGE THE EXISTING LAWS IN CALIFORNIA IN THIS AREA. FOOTNOTES, BIBLIOGRAPHY, AND SUPPORTING DOCUMENTATION ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--RBS)