PRESS AND JUVENILE DELINQUENCY HEARINGS - A CONTEXTUAL ANALYSIS OF THE UNREFINED FIRST AMENDMENT RIGHT OF ACCESS

• NCJ Number: 50824
• Journal: University of Pittsburg Law Review Volume: 39 Issue: 12 Dated: (AUTUMN 1977) Pages: 121-135
• Author(s): J P GISMONDI
• Date Published: 1977
• Length: 15 pages
• Corporate Author: University of Pittsburgh
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A RECONCILIATION OF PAST ACCESS CASES IS DISCUSSED AS A BASE FROM WHICH REFORMS IN STATUTES REGULATING PRESS ATTENDANCE AT JUVENILE HEARINGS CAN BE CONSTRUCTED.

Abstract

JUDICIAL DECISIONS AFFECTING RESTRAINTS ON FIRST AMENDMENT PUBLICATION AND ACCESS RIGHTS ARE BRIEFLY REVIEWED. THE COMPANION CASES OF PELL V. PROCUNIER AND SAXBE V. WASHINGTON POST CO. ARE CITED AS THE BASIS FOR RESTRAINING THE PRESS FROM ACCESS TO INFORMATION NOT MADE AVAILABLE TO THE GENERAL PUBLIC. IT IS ARGUED THAT THIS IS A SIMPLISTIC RESOLUTION OF THE PROBLEM THAT DOES NOT DEAL WITH THE NEED TO PROVIDE SOME CLEAR STANDARDS FOR WHAT INFORMATION SHOULD BE AVAILABLE TO THE PUBLIC AND CONSEQUENTLY THE PRESS. THE NEED FOR A BALANCING TEST WHICH WEIGHS THE PUBLIC'S RIGHT TO KNOW AGAINST REASONS FOR PROTECTED CONFIDENTIALITY IS BELIEVED TO BE SUGGESTED IF NOT EXPLICITLY STATED IN BRANZBURG V. HAYES. IT IS ARGUED THAT SUCH A BALANCING TEST SHOULD BE APPLIED TO THE PROCEEDINGS OF THE JUVENILE JUSTICE SYSTEM. WHEREAS, JUVENILE AUTHORITIES MAINTAIN THAT CONFIDENTIALITY IN JUVENILE PROCEEDINGS IS ESSENTIAL TO THE REHABILITATION AND REINTEGRATION OF JUVENILE OFFENDERS, PROPONENTS OF PUBLIC ACCESS TO SUCH HEARINGS ARGUE THAT THE FUNCTIONING OF THE COURT SYSTEM IN THE BEST INTERESTS OF THE JUVENILE REQUIRES PUBLIC MONITORING. THIS VIEW FAVORING PUBLIC ACCESS TO JUVENILE HEARINGS IN THE INTEREST OF MONITORING IS BELIEVED TO BE LARGELY BASED IN THE LANDMARK CASE OF IN RE GAULT, WHERE THE RIGHTS CHARACTERISTIC OF AN ADULT TRIAL WERE DENIED A JUVENILE IN AN INFORMAL HEARING. THE PROVISION THAT ALLOWS THE JUVENILE COURT JUDGE DISCRIMINATION IN ALLOWING PUBLIC AND PRESS ACCESS TO JUVENILE PROCEEDINGS IS ATTACKED USING THE OKLAHOMA PUBLISHING CASE, WHICH HAS TO DO WITH A PRESS REVELATION OF A JUVENILE'S NAME FROM A HEARING WHERE THE JUDGE DID NOT PUBLICLY DECLARE ACCESS NOR DENY THE PRESENCE OF THE PRESS IN THE COURTROOM. IT IS CONCLUDED THAT THE BALANCING TEST APPLIED TO JUVENILE PROCEEDINGS WOULD SUPPORT THE PUBLIC'S ACCESS TO JUVENILE HEARINGS, AND THUS PRESS ACCESS, FOR MONITORING PURPOSES, WHILE REHABILITATION AND REINTEGRATION CONCERNS ON BEHALF OF JUVENILES WOULD PROHIBIT THE PUBLISHING OF THE IDENTITY OF THE JUVENILE. JUDICIAL DECISIONS AND REFERENCES ARE FOOTNOTED. (RCB)