A 15 year old boy is a suspect in a crime. The local paper not only put his name and address in the paper, but also his picture. I thought this was illegal if he was not convicted.
2006-07-21 05:26:41 · 13 answers · asked by Bam B 1 in Politics & Government ➔ Law & Ethics
It depends on the jurisdiction. There is no federal law of prohibition; however, there are state laws.
In the state of Tennessee, for example, photography of minors age 15 or more is allowed if the minor is accused of a felony.
How was the picture taken? Was it from a year book? Who holds the copyright?
If it was taken from another source and the newspaper did not take the picture themselves, then they have copyright issues as well.
Case law in the 50 jurisdictions will determine if the reporter had acted appropriately. The most determining factor is if the timeliness of any information released by the courts. The judge assigned to the case would most likely wish to know what is going on as would the defense. The defense may use it as grounds to move the jurisdiction for reasons of jury impartiality. If this is for a minor offense, the reporter could have some problems with naming the address as this may constitute putting the minor's safety in jeopardy.
The guardians of the defendant should talk to the judge before trial so that the judge may determine if it was inappropriate. If the guardians can point to the specific statutes and make an argument for the juvenile’s safety. It may go better for him.
2006-07-21 06:32:09 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 0⤋
Although I don't think it is illegal for the paper to put his name in, I think it is unethical. I don't know if the address in this paper would be an infrigment on his rights though. As with any suppect accused of a crime, the paper has the right to publish the name after consenting with police-- however giving his address could invite people who believe he did this crime to attack him at his home if found not guilty. I don't know of any suppects that had the paper freely display where the suspect lived exspecially a minor-- his file is suppose to confidental and now everyone in the area now knows he has been accused. Wow I still can't believe this is true.
2006-07-21 05:42:54 · answer #2 · answered by BB 3 · 0⤊ 0⤋
Generally i don't believe it is legal but I don't know for sure. I would call a Lawyer. Check out this site: www.getprotectedhere.com
I had a motorcycle stolen once (on Thanksgiving day, no less). The stupid paper put my name, the fact that my motorcycle was stolen and gave my exact street address. Maybe I should have put up a billboard "Yes I have a motorcycle, come steal it again!"
So you never know, what a paper will do.
2006-07-23 05:37:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As a newspaper reporter, I would not put a child's (especially one that hasn't been convicted) name or picture in the paper. It's unethical.
As far as the legalities of it, I don't know, but I have higher standards.
2006-07-21 05:31:00 · answer #4 · answered by michaelyoung_airforce 6 · 0⤊ 0⤋
It is illegal even if he is convicted. You aren't allowed to print the name of a juvenile unless they are charged as an adult.
I know someone this happened to and they not only printed his name and address once, they did it twice!
2006-07-21 06:02:18 · answer #5 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Yeah, I thought it was illegal, too. The only way they're supposed to do that is if the person is being tried as an adult.
2006-07-21 05:29:40 · answer #6 · answered by BrianL 6 · 0⤊ 0⤋
If he will be treat as an adult in his trial then I think is Ok to put his name on the News Paper
I don't think the address would be legal.
2006-07-21 05:29:08 · answer #7 · answered by divacobian 4 · 0⤊ 0⤋
Well, it could be illegal but damn - that is good! maybe it will teach the punk not to commit crimes anymore!!! Good for that paper!!! Maybe if that happened more often, kids would be ashamed and fear public ridicule so they wouldn't get into trouble as often!!!
2006-07-21 05:31:39 · answer #8 · answered by cyndi71mom 5 · 0⤊ 0⤋
I do not believe it is illegal but I do believe most of the time they do not list the minors name for their own protection.
2006-07-21 05:28:37 · answer #9 · answered by tiravellian 3 · 0⤊ 0⤋
it should be illegal he is a minor he should only be talked of as a minor unless if they convict him as an adult
2006-07-21 05:30:20 · answer #10 · answered by byoung212121 2 · 0⤊ 0⤋