Discuss the concept of confidentiality in the juvenile justice system. How has the concept of confidentiality changed over time? What has the U.S. Supreme Court ruled in reference to confidentiality in juvenile justice proceedings? How do states differ in regard to confidentiality in the juvenile justice system?

Question

What will be an ideal response?

Answer 1

The concept of confidentiality has undergone a loosening in recent years. Where
once confidentiality was closely guarded, states and the federal system have been more
permissive in releasing details of juvenile justice proceedings. In 1977, the USSC ruled
that it was unconstitutional to prohibit the publication of the legally obtained name and
photograph of a youthful offender involved in a juvenile justice proceeding. Similarly, in
1979, the court ruled that the state cannot punish the press from publishing a legally
obtained alleged juvenile delinquent’s name. In the 1980s, most states removed the
confidentiality provisions and made juvenile justice proceedings more open. By 2011,
only 13 states held closed juvenile justice proceedings. Most states do, however, have
provisions about sealing and/or expunging records of juveniles, but most states also
have provisions for unsealing such records, too.