Can a juvenile criminal's name be released?

Question

I always heard that any juvenile delinquent's records were always sealed and their names were with-held due to their age. I'm not asking whether this is right or wrong. I was just surprised when I read a news story out of Ohio about a 13 year old charged with 128 felonies. I'd understand if he committed murder and was charged as an adult, but from what I got out of the story, he is in juvenile detention... So are juvenile records releasable or not? They gave not only his name, but posted a picture. Again, not asking whether it's right or wrong, just is it legal?

http://www.ohionewsnow.com/?sec=news&story=sites/10tv/content/pool/200703/1583692309.html

Answer 1

Each state has its own laws regarding juvenile criminals and those charged, and sealing or release of records of juvenile criminals. Evidently, Ohio had no law that prohibited the release of this juvenile criminal's name in the press.

Here is an article from the Criminal Justice magazine of the American Bar Association in 2000 on the subject of juvenile criminals and sealing records across the nation:

Almost all juvenile court proceedings and records were confidential as recently as the 1960s. Confidentiality was an integral part of the traditional juvenile justice model, based upon the theory that publicly designating a juvenile as a law violator would stigmatize a young person. This stigma would then encourage the juvenile to adopt a deviant self-image and reduce the potential for rehabilitation.

As juvenile justice policy became more contentious during the 1980s and 1990s, support for confidentiality protections began to erode. Practical issues such as jurisdictional information sharing and greater media interest in juvenile court proceedings began to win out over confidentiality. Most states opened their juvenile court proceedings or records to the public and to the media. By 1997, 30 states had enacted provisions to allow open hearings in at least some juvenile cases. Forty-two states had enacted legislation authorizing the release and publication of the names and addresses of alleged juvenile offenders in some cases. States also began to allow more juveniles to be fingerprinted and photographed. Nearly all states now allow juvenile fingerprints to be included in criminal history records, and nearly all states authorize juveniles to be photographed for later identification.

In addition, many states enacted laws that required juvenile records to remain open longer or prevented the sealing or destruction of juvenile records altogether, typically those involving violent or serious offenses. Florida, for example, requires records about juveniles considered habitual offenders to be retained until the offender reaches age 26. North Carolina prevents authorities from expunging records altogether for certain, serious offenses. By 1997, half the states had enacted laws restricting the sealing and/or expunging of juvenile records. "

In Ohio, as you mentioned that state, certain crime records of juveniles may NOT be expunged or sealed at all: "Juvenile adjudicated for aggravated murder, murder,
rape, sexual battery, and gross sexual imposition "


In my state,(California), the names of juveniles charged or convicted of crimes are not released or published, EXCEPT in the case of a juvenile that is charged and tried AS AN ADULT for serious felonies (such as murder, etc.) A judge must make a determination that the juvenile is old enough to be treated as an adult because of the serious nature of the offense, and his maturity.

Here is a guideline I found for Public Information Officers of police departments regarding juveniles:

"Under no circumstances should the names or identities of any juveniles arrested or listed as suspects in a crime report be released to the media. The California Supreme Court in the case of T.N.G. vs. Superior Court, 4Cal.3d, 767 (1971), ruled that the Juvenile Court has the exclusive authority to determine the extent to which juvenile records and identification may be released to third parties. The T.N.G. case does not prohibit law enforcement agencies from releasing information to news media about the facts and nature of crimes committed by juveniles. It merely prohibits the agency from identifying juveniles under the age of 18 years of age who have been arrested, detained or made a ward of the court, without first obtaining the written consent of the Juvenile Court."

Answer 2

no.
KRS 610.320 (3 ) the minor s record cannot be open to public unless for several reasons including capital offenses or a Class A, B , or C felony as an adult any offense that includes a deadly weapon, or an offense where a deadly weapon was displayed or used.
and KRS 610.340 the confidentiality of juvenile court records
This includes an exception under the Open records act KRS 61.870 to 61.884.
This statute does not apply to a peace officer engaging in an active investigation.
state laws vary .

Answer 3

1

Answer 4

For the most part, and from what I understand, the names of juveniles are protected due to their age. This could change depending on whether or not they are charged as an adult for their crimes. Unfortunately, I don't have enough knowledge of this subject to be 100% certain about it.

Answer 5

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Answer 6

I saw this too, in the Upper paper last year, a young teenager who was accused of molesting children, his name and picture was shown also.

I didn't think it was legal, and it is not moral. But who knows now?

Answer 7

Criminal Record Search Database : http://InfoSearchDetective.com/Help

Answer 8

Only with a court order, and its legal.

Answer 9

CAN? Yes.