17 New Eng. J. on Crim. & Civ. Confinement 55 (1991)
Confidentiality and the Juvenile Offender

handle is hein.journals/nejccc17 and id is 61 raw text is: BOOK EXCERPT

Confidentiality and the Juvenile Offender*
Paul R. Kfouryt
INTRODUCTION
The issue of confidentiality in juvenile proceedings has been debated
intensely for many years.1 The debate has received considerable atten-
tion as a result of three Burger Court decisions (Smith v. Daily Mail
Publishing Company,2 Oklahoma Publishing Company v. District
Court,3 and Davis v. Alaska4) that appear progressively to curtail the
extent to which the state may demand anonymity for its juvenile
offenders. Today, the juvenile system faces a difficult task in deciding
how to reconcile the traditional stance of a closed, protective juvenile
justice format that concentrates on rehabilitation and individualized
treatment with the current cry for open, publicized proceedings, which
many feel will enhance deterrence and community protection.
Among the primary reasons that have been offered in support of
juvenile offender anonymity is the belief that publication of juvenile
identity would inhibit rehabilitation of the youth to a productive and
* This Article is an unedited reproduction of Chapter 4 from Paul R. Kfoury's book,
Children Before the Court. The book was originally published in July 1988. A second
edition was released in February 1991.
t Paul R. Kfoury is an Associate Justice for the Hooksett District Court, Hooksett, New
Hampshire. He was appointed to the bench in 1973 and has specialized in juvenile law
since 1975.
1. See generally Hoover, Statement for the Director, 26 FBI LAW ENFORCEMENT BULL.
1 (1957); Geis, Publication of 7 Names of Juvenile Felons, 23 MONTANA L. R. 141 (1962);
Giess & Neems, Publicity and Juvenile Court Proceedings, II CLEARINGHOUSE REV. 203
(1977).
2. 443 U.S. 97, 99 S. Ct. 2667, 61 L. Ed. 2d 399 (1979).
3. 430 U.S. 308, 97 S. Ct. 1045, 51 L. Ed. 2d 355 (1977).
4. 415 U.S. 308, 94 S. Ct. 1105, 39 L. Ed. 2d 347 (1974).

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