Unformatted text preview: ew dialogue about privacy, I have asked these and similar audiences if they would like to know whether the person entrusted with their child care is a convicted child molester. I mention that when such screening is done, thousands are found to have criminal records, ones that include pedophilia. I further ask: Would they want to know whether the staff of the nursing home in which their mother now lives have criminal records that include abusing the elderly? I note that 14 percent of such employees are found to have criminal records, some of which include violent acts against senior citizens. And should public authorities be entitled to determine whether drivers of school buses, pilots, or police officers are under the influence of illegal drugs? Should the FBI be in a position to crack the encrypted messages employed by terrorists before they use them to orchestrate the next Oklahoma City bombing? Addressing such concerns raises the question of if and when we are justified in implementing measures that diminish privacy in the service of the common good. COMMUNITY STANDARDS TRUMP PRIVACY RIGHTS William C. Heffernan , Associate Professor of Law, John Jay School of Criminal Justice and the Graduate Center, The City University of New York, PRIVACY RIGHTS , Suffolk University Law Review, Fall, 1995, 761-762 The issues of consent and harm are closely related. When less than a certain age, a child cannot be said to consent to sex. When an adult has sex with a minor, criminal law classifies such conduct as harmful per se. By contrast, when two adults engage in consensual sex, neither can complain about its harmful consequences provided each apprised the other of the reasonably foreseeable risks associated with their conduct. Thus, in thinking about sexual rights in light of issues regarding consent and harm, we should first note that only persons of relative maturity can claim such rights. Second, we should note that, among adults, there can be no complaint about the consequences of sexual activity provided the risks associated with that activity w...
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This document was uploaded on 11/20/2013.
- Fall '13