NCJ Number
101881
Journal
American Criminal Law Review Volume: 23 Issue: 3 Dated: (Winter 1986) Pages: 388-401
Date Published
1986
Length
23 pages
Annotation
This paper examines competing policy concerns in balancing the interests of disclosure and confidentiality of juvenile court records, considers the interests of various groups in gaining access to juvenile records, and suggests how to balance the competing interests.
Abstract
State and Federal laws limiting access to juvenile court records intend to limit the public stigmatization of juvenile offenders to facilitate rehabilitation. Those supporting the liberalization or abolition of such laws argue that public protection requires that criminal justice officials and citizens have access to information necessary to identify serious juvenile offenders. Groups interested in accessing juvenile records include employers, school officials, parents of juvenile offenders, the press, researchers, and criminal justice officials. Statutes which permit the limited disclosure of the records of serious and habitual juvenile offenders and confidentiality for the records of those who commit minor offenses best satisfy the competing interests. Statutes providing for the release of a juvenile's identity to the victim allow for restitution. Pertinent standards promulgated by the Institute of Judicial Administration and the American Bar Association hold promise. They provide for periodic evaluation of procedures to determine if the usefulness of the information collected justifies both the cost of attainment and the risk to the juvenile should it be leaked. Sanctions should be imposed on those who leak privileged information. A State-by-State analysis of confidentiality laws indicates which groups may access juvenile records. 220 footnotes.