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Authors

James B. Jacobs

Abstract

Law enforcement involves the twin objectives of prevention and punishment. Criminal and conviction records are often used as parameters to determine the punishment appropriate for an offender. This article considers constitutional issues that arise from the creation of arrest records and police intelligence files, and the resulting stigma attached to the names contained therein. By discussing the use of these investigative aids, and highlighting the dissonance between the records and actual convictions, the article makes a case against the use of these records in ways that incorrectly stigmatise members of civil society. It concludes by suggesting models by which the benefits of investigative records can be availed of, without the wrongful stigmatisation of the persons names therein.

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