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Library | Item Barcode | Call Number | Material Type | Item Category 1 | Status |
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Searching... | 30000010345320 | KF9751 J33 2015 | Open Access Book | Book | Searching... |
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Summary
Summary
For over sixty million Americans, possessing a criminal record overshadows everything else about their public identity. A rap sheet, or even a court appearance or background report that reveals a run-in with the law, can have fateful consequences for a person's interactions with just about everyone else. The Eternal Criminal Record makes transparent a pervasive system of police databases and identity screening that has become a routine feature of American life.
The United States is unique in making criminal information easy to obtain by employers, landlords, neighbors, even cyberstalkers. Its nationally integrated rap-sheet system is second to none as an effective law enforcement tool, but it has also facilitated the transfer of ever more sensitive information into the public domain. While there are good reasons for a person's criminal past to be public knowledge, records of arrests that fail to result in convictions are of questionable benefit. Simply by placing someone under arrest, a police officer has the power to tag a person with a legal history that effectively incriminates him or her for life.
In James Jacobs's view, law-abiding citizens have a right to know when individuals in their community or workplace represent a potential threat. But convicted persons have rights, too. Jacobs closely examines the problems created by erroneous record keeping, critiques the way the records of individuals who go years without a new conviction are expunged, and proposes strategies for eliminating discrimination based on criminal history, such as certifying the records of those who have demonstrated their rehabilitation.
Reviews 1
Library Journal Review
Starred Review. The plight of convicted criminals usually does not elicit much sympathy. Many people will recite the old adage, "If you do the crime, then you do the time." The problem is, when does "doing the time" end? Upon prison release? Completion of probation? Or, as Jacobs (Chief Justice Warren E. Burger Professor of Constitutional Law and the Courts; director, Ctr. for Research in Crime and Justice, New York Univ. Sch. of Law) asserts in this academic work, does the criminal pay throughout the rest of their life? A criminal record is created for every arrest, regardless of whether the arrestee was released or convicted, explains Jacobs; furthermore, he says, the police retain fingerprints, DNA profiles, and arrest information on people who were not convicted of the crime for which they were arrested. Since the U.S. government treats criminal records as "public" (European countries consider these records to be a personal, and not public, matter), virtually anyone can pay to get a copy of someone's record. These documents may be used to discriminate in cases involving housing, employment, immigration, college admissions, voting, jury duty, and even social welfare benefits. Even more troubling is that the records may not show the outcome of the arrest. Jacobs is not advocating for the removal of all criminal records; however, he is suggesting that the policies need to be improved. VERDICT This excellent and in-depth look at the process of creating a criminal record and the dissemination of such information is best suited for academic libraries and libraries specializing in legal issues. For a general look at criminal law procedures, consider Paul Bergman and Sara J. Berman's The Criminal Law Handbook.-Jennifer J. Meister, Hinds Community Coll. Lib., Vicksburg, MS (c) Copyright 2015. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
