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Hearing of the Senate Armed Services Committee - Markup of the National Defense Authorization Act for Fiscal Year 2014


Location: Washington, DC

Senator NELSON. Would you explain that, please? In the civilian law enforcement why is that record is kept? You said fingerprints, DNA, and so forth, but that is not what this is. The arrest has not been made.

Senator MCCASKILL. Well, an arrest may have been made.

Senator NELSON. The allegation is made, but in your particular case, the lady--the alleged victim says that she is not going to prosecute.

Senator MCCASKILL. Within the law enforcement community, information is maintained when accusations are made. It does not mean that it is a public record. It does not mean that it impacts that person's life in any way. But they do not destroy information
that comes to law enforcement just because the victim does not want to cooperate.

Senator NELSON. So in the civilian law enforcement community, there is an ability to track from one State to another the fact that someone had an alleged crime committed, and yet the prosecutor never prosecuted--

Senator MCCASKILL. Do not let me misrepresent this. I am not saying this works perfectly in the civilian law enforcement world. And I am not saying there are not a whole lot of allegations that do not get captured. I am saying that I was shocked to learn there was not even an effort being made to capture the allegations for
purposes of law enforcement reviewing and using as part of other investigations.

You know, it is very difficult in 50 States and all the different jurisdictions with Federal jurisdiction and State and local jurisdiction to have a system that is perfect in terms of sharing information among law enforcement. But in the military, when you know for sure that the perpetrators are going to be moved, they are not going to stay put, they are going to move around, it is even more imperative, especially because you have a closed system and you can protect the information and the rights of the accused because it is not going to get out into the mainstream, because you have a closed investigatory community.


Senator NELSON.--just to say we have done so much good in what has been adopted, I would hate to see us start to mess it up getting into these very sensitive issues. As the Senator was speaking, I was thinking, well, do we have this kind of tracking in the
civilian area, for example, with people that are in the State Department, or the same kind of thing, where they move around from place to place. I just do not know enough to be comfortable about getting into this area.

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