Confidentiality of Juvenile Court Records: Hearing Before the Subcommittee on Juvenile Justice of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, First Session on Policies Regarding Confidentiality of Juvenile Records, July 19, 1983

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Page 131 - There is evidence, in fact, that there may be grounds for concern that the child receives the worst of both worlds; that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children.
Page 17 - The court also pointed out that the Gaults appeared at the two hearings "without objection." The court held that because "the policy of the juvenile law is to hide youthful errors from the full gaze of the public and bury them in the graveyard of the forgotten past...
Page 35 - To get away from the notion that the child is to be dealt with as a criminal; to save it from the brand of criminality, the brand that sticks to it for life; to take it in hand and instead of first stigmatizing and then reforming it, to protect it from the stigma; this is the work which is now being accomplished, by dealing, ev*en with most of the delinquent children, through the court that represents the parens patrice power of the state, the court of chancery.
Page 34 - The early conception of the Juvenile Court proceeding was one in which a fatherly judge touched the heart and conscience of the erring youth by talking over his problems, by paternal advice and admonition, and in which, in extreme situations, benevolent and wise institutions of the State provided guidance and help "to save him from a downward career.
Page 34 - The proceedings in such a court are not in the nature of a criminal trial but constitute merely a civil inquiry or action looking to the treatment, reformation and rehabilitation of the minor child.
Page 84 - The disposition of a child or any evidence given in the court shall not be admissible as evidence against the child in any case or proceeding in any other court...
Page 42 - The sole interest advanced by the State to justify its criminal statute is to protect the anonymity of the juvenile offender. It is asserted that confidentiality will further his rehabilitation because publication of the name may encourage further antisocial conduct and also may cause the juvenile to lose future employment or suffer other consequences for this single offense. In Davis v Alaska, 415 US 308...
Page 106 - Of more importance are police records. In most States the police keep a complete file of juvenile "police contacts" and have complete discretion as to disclosure of juvenile records. Police departments receive requests for information from the FBI and other law-enforcement agencies, the Armed Forces, and social service agencies, and most of them generally comply.
Page 70 - ... larger communities strongly organized police departments can be expected to resist rigorous controls over delinquency records detrimental to their efficiency and will search for ways to circumvent them. Employers denied information from juvenile courts often get the desired facts from the police. Expunging records is not the simple operation it may seem. In California it requires initiative from the party concerned and usually the assistance of an attorney; the procedure necessitates a hearing,...
Page 40 - While there can be no doubt of the original laudable purpose of juvenile courts, studies and critiques in recent years raise serious questions as to whether actual performance measures well enough against theoretical purpose to make tolerable the immunity of the process from the reach of constitutional guaranties applicable to adults.

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