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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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