Due Process Versus Data Processing: An Analysis of Computerized Criminal History Information Systems

121 Pages Posted: 26 May 2008

See all articles by Don L. Doernberg

Don L. Doernberg

Pace University - School of Law

Donald H. Zeigler

New York Law School

Abstract

This article, based on a comprehensive empirical study of New York's computerized criminal history information system and on national surveys of similar systems, concludes that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, ambiguous or inappropriate, criminal justice officials and judges routinely use such information in making decisions affecting defendants' liberty. This practice is unconstitutional, and the article suggests ways to regulate criminal history information systems that would protect a defendant's right not to be deprived of liberty without due process of law.

Keywords: rap sheets, criminal history information, computerized criminal history, criminal history databases

Suggested Citation

Doernberg, Donald L. and Zeigler, Donald H., Due Process Versus Data Processing: An Analysis of Computerized Criminal History Information Systems. New York University Law Review, Vol. 55, No. 6, 1980, Available at SSRN: https://ssrn.com/abstract=1136780

Donald L. Doernberg (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603-3796
United States
914-422-4368 (Phone)
914-422-4168 (Fax)

Donald H. Zeigler

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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