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NCJ Number: 158348 Find in a Library
Title: Open the Doors: A Judicial Call to End Confidentiality in Delinquency Proceedings
Journal: New England Journal on Criminal and Civil Confinement  Volume:21  Issue:2  Dated:(Summer 1995)  Pages:393-410
Author(s): G A Martin Jr
Date Published: 1995
Page Count: 18
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The thrust of this article is that eliminating juvenile delinquency's historic cloak of confidentiality is essential to rebuild trust and dissipate the fear fostered by a closed juvenile justice system.
Abstract: Legislatures have recently attempted to address public dissatisfaction with the juvenile justice system by limiting the shield of confidentiality in serious criminal proceedings. State courts, as well as the U.S. Supreme Court, have affirmed first amendment freedom of the press when balanced against the confidentiality of juvenile proceedings. Confidentiality in juvenile proceedings has been intensely debated for many years. Proponents of anonymity believe the publication of a juvenile's identity will impede rehabilitation, a goal of the juvenile justice system. Publication may also be viewed as conferring celebrity status on a youth. At least 28 States permit the release of juvenile names in certain circumstances, and recommendations have been made to eliminate or at least modify restrictions on the sharing of juvenile information by State agencies. The key issue, however, involves balancing the need for interagency collaboration and the individual's interest in confidentiality. The author concludes that a more open juvenile justice system is necessary for the public to have an accurate depiction of system operation and effectiveness. 101 footnotes
Main Term(s): Juvenile records confidentiality
Index Term(s): Criminology; Freedom of the press; Juvenile court procedures; Juvenile delinquency; Juvenile delinquents; Juvenile justice reform; Juvenile justice system; Juvenile rehabilitation; Serious juvenile offenders; Victims of Crime
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