The Digital Turn

Abstract

Recent decades have witnessed a digital turn in criminal justice processing that has contributed to the creation and dissemination of millions of criminal records per year, impacting both criminal justice workers and those processed by the system. Current US law has allowed for the public dissemination of these records, emphasizing free speech and transparency over other competing values, such as due process, privacy, or liberty. The turn toward digital disclosure of criminal justice information has outpaced thoughtful discussions about balancing privacy rights and the notion of public interest that the courts have developed during the past century. It is certainly in the public interest to have access to the workings of the police, courts, and prisons—it is a fundamental way that citizens can keep an eye on these powerful institutions. However, these core transparency values are being used for a different, entrepreneurial purpose since criminal records have become a commodified good.