NCJ Number
61451
Journal
Villanova Law Review Volume: 22 Issue: 6 Dated: (OCTOBER 1977) Pages: 1191-1204
Date Published
1977
Length
14 pages
Annotation
COUNSEL FOR LEAA STATE THAT EFFICIENT RECORDKEEPING PROCEDURES BY CRIMINAL JUSTICE AGENCIES WILL SAFEGUARD INDIVIDUALS' RIGHT TO PRIVACY.
Abstract
BY 1976, NEARLY ALL THE STATES HAD AUTOMATED INFORMATION SYSTEMS CONTAINING THE CRIMINAL HISTORY RECORDS OF MILLIONS OF INDIVIDUALS. THIS CAPACITY TO GATHER AND PROCESS CRIMINAL JUSTICE INFORMATION HAS SERIOUS CONSEQUENCES FOR PERSONS WHO COME IN CONTACT WITH THE CRIMINAL JUSTICE SYSTEM. THE CONSEQUENCES ARE PARTICULARLY SEVERE FOR THE INDIVIDUAL WHO IS ARRESTED BUT NOT SUBSEQUENTLY CONVICTED. SUCH A PERSON MAY BE STIGMATIZED BY THE MERE FACT OF A TEMPORARY DETENTION AND MAY SUFFER THE LOSS OF EMPLOYMENT AND EDUCATIONAL OPPORTUNITIES. DESPITE THE POTENTIALLY ADVERSE IMPACT OF UNLIMITED DISSEMINATION OF INFORMATION, STRONG PROTEST HAS BEEN RAISED AGAINST LIMITATIONS PROPOSED BY LEAA CONCERNING CRIMINAL JUSTICE DATA. PRIVATE INDUSTRY, DRUG COMPANIES, SECURITY FIRMS, AND THE PRESS HAVE INDICATED THEIR OPPOSITION TO LIMITATIONS BECAUSE OF THEIR APPARENT NEED FOR ADEQUATE BACKGROUND INFORMATION ON PROSPECTIVE EMPLOYEES. UNDER LEAA'S REVISED RULES, NONCONVICTION DATA CANNOT BE DISSEMINATED UNLESS AUTHORIZED BY LAW OR COURT ORDER. HOWEVER, STATES ARE FREE TO DETERMINE APPROPRIATE PROVISIONS FOR SUCH DISSEMINATION. STUDIES INDICATE THAT CRIMINAL JUSTICE DATA ARE MOST COMMONLY USED IN POSTARREST OPERATIONS, SUCH AS SENTENCING AND THE ESTABLISHMENT OF APPROPRIATE TREATMENT PROGRAMS FOR OFFENDERS, RATHER THAN IN PREARREST INVESTIGATION. REQUIREMENTS FOR REPORTING THE USE OF DATA AND SAFEGUARDING THE ACCURACY OF THE RECORDS SHOULD PREVENT HARM TO INDIVIDUALS. FOOTNOTES ARE PROVIDED. (TWK)