PRIVACY, CRIMINAL RECORDS, AND INFORMATION SYSTEMS (FROM OPERATIONS RESEARCH IN LAW ENFORCEMENT, JUSTICE, AND SOCIETAL SECURITY, 1976, BY S H BROUNSTEIN & M KAMRASS SEE NCJ-38116)

• NCJ Number: 38131
• Author(s): M D MALTZ
• Date Published: 1976
• Length: 15 pages
• Corporate Author: D C Heath and Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE ADDRESSES THE ISSUES INVOLVED IN MAKING CRIMINAL JUSTICE DATA AVAILABLE FOR RESEARCH, ESPECIALLY THE ISSUE OF CONFIDENTIALITY OF CRIMINAL RECORDS, AND EXAMINES ADVANTAGES AND DISADVANTAGES OF CONFIDENTIALITY.

Abstract

SINCE IMPROPER DISCLOSURE OF CRIMINAL RECORDS HAS PREVENTED MANY EX-OFFENDERS FROM RETURNING TO NORMAL LIFE, REGULATIONS HAVE BEEN PROPOSED WHICH WOULD ESSENTIALLY PROHIBIT DISCLOSURE OF CRIMINAL RECORDS TO ANYONE NOT IN THE CRIMINAL JUSTICE SYSTEM. THIS ARTICLE DESCRIBES THE DRAWBACKS OF A TOTAL BAN AND RECOMMENDS AN ALTERNATE BASED ON THE COMPUTER'S FLEXIBILITY AND ON EMPIRICALLY DETERMINED NEEDS. PROBLEMS WITH CRIMINAL JUSTICE DATA BANKS ARE FIRST EXAMINED. THESE INCLUDE INCOMPLETENESS, EXPUNGEMENT, INACCURACY, AND MISUSE. THE PROPOSED CONGRESSIONAL LEGISLATION TO RESTRICT THE USE OF CRIMINAL JUSTICE DATA BANKS AND THE DEPARTMENT OF JUSTICE GUIDELINES ON THESE INFORMATION SYSTEMS ARE DISCUSSED AND COMPARED. SOME OF THE PROBLEMS NOT ADDRESSED BY THE PROPOSED RULES ARE DESCRIBED, AND THE PROVISIONS FOR RESTRICTING THE USE OF THESE DATA BANKS ARE CRITIQUED. FINALLY, THE AUTHOR PROPOSES SEVERAL CHANGES IN THE REGULATIONS AND RESTRICTIONS, WHICH ATTEMPT TO MAKE BETTER USE OF THE COMPUTER AND THE INFORMATION IT CONTAINS.