NCJ Number
6486
Journal
Washington Law Review Volume: 47 Issue: 4 Dated: (AUGUST 1972) Pages: 659-679
Date Published
1971
Length
21 pages
Annotation
EXAMINATION OF AND PROPOSED SOLUTIONS TO THE PROBLEM OF DISCRIMINATION AGAINST UNCONVICTED ARRESTEES RESULTING FROM ARREST RECORD DISSEMINATION.
Abstract
THE ARTICLE CONSIDERS THE STIGMA WHICH SOCIETY IMPOSES ON UNCONVICTED ARRESTEES BECAUSE THE RECORDS OF ALL ARRESTEES, WHETHER CONVICTED OR NOT, ARE RETAINED AND OFTEN INDISCRIMINATELY DISSEMINATED BY LAW ENFORCEMENT AGENCIES. THIS ARTICLE FIRST COMPARES THE TRADITIONAL JUSTIFICATIONS FOR THE PRESENT RECORD KEEPING SYSTEM WITH THOSE UNDERLYING THE NEW APPROACHES TO HANDLING RECORDS OF UNCONVICTED ARRESTEES. TWO PROPOSED TESTS ARE EXAMINED IN LIGHT OF THE JUSTIFICATIONS THAT EXIST BOTH FOR AND AGAINST THE RETENTION OF RECORDS OF UNCONVICTED ARRESTEES. ONE TEST WOULD PLACE THE BURDEN DIRECTLY ON THE UNCONVICTED ARRESTEE TO PROTECT HIS FUNDAMENTAL RIGHT TO PRIVACY. THE SECOND TEST WOULD REQUIRE THE GOVERNMENT TO PROVE ITS NEED FOR RECORDS OF UNCONVICTED ARRESTEES BEFORE RETENTION IS ALLOWED. FINALLY, STATE STATUTES AND A RECENTLY PROPOSED FEDERAL ACT ARE ANALYSED TO DETERMINE WHETHER SUCH DEVICES CAN PROVIDE A REALISTIC SOLUTION TO THE PROBLEM OF ARREST RECORD DISSEMINATION.