Abstract

http://ssrn.com/abstract=2021442
 
 

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Databases, Doctrine, and Constitutional Criminal Procedure


Erin Murphy


New York University School of Law

March 13, 2010

Fordham Urban Law Journal, Vol. 37, No. 803, 2010

Abstract:     
Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention has focused upon the awkward fit between database-generated evidence and the conventional modes of analysis in constitutional criminal procedure. This Essay examines databases as a tool of law enforcement and sets forth tentative steps toward a theory of constitutional violations in this area.

Number of Pages in PDF File: 34

Keywords: databases, privacy, criminal procedure

JEL Classification: k42

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Date posted: March 15, 2012  

Suggested Citation

Murphy, Erin, Databases, Doctrine, and Constitutional Criminal Procedure (March 13, 2010). Fordham Urban Law Journal, Vol. 37, No. 803, 2010. Available at SSRN: http://ssrn.com/abstract=2021442

Contact Information

Erin Elizabeth Murphy (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012
United States
212-998-6672 (Phone)
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