Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Juvenile Cases Transferred to Ordinary Criminal Court Can't Be Categorically Sealed

% of readers think this story is Fact. Add your two cents.


Juvenile cases have historically been litigated confidentially. Ordinary criminal cases have historically been litigated openly, and the First Amendment has been read as protecting that openness. What should happen when serious juvenile cases are transferred to ordinary criminal court? In today’s Hartford Courant Co. v. Carroll, the Second Circuit (in an opinion by Judge Denny Chin, joined by Judges Joseph Bianco and Steven Menashi) said that those cases can’t be categorically sealed (though courts could consider case by case whether particular such cases should indeed be tried confidentially):

As the district court properly held, the right of access to court proceedings and records depends on the nature of the proceeding, not on the personal characteristics of the litigant. And courts have consistently held that regular criminal courts are presumptively open to the public, even where the parties involved in the proceedings [such as crime victims] are children….

The district court presumed that defendants had “a compelling interest in protecting the confidentiality of court records and proceedings pertaining to juvenile defendants.” We too can presume without deciding that defendants have established that they have such an interest, because even so, we agree that the Act is not narrowly tailored to serve that interest, and we therefore conclude that it violates the Courant’s right of access to the courts….

[T]he Courant provided a number of examples, including the prosecution of Michael Skakel, that illustrate why the Act is not narrowly tailored. As of December 2019, Mr. Skakel was fifty-nine-years old, but under the Act, the records and proceedings in his case are mandatorily sealed because, despite being forty when he was charged, he committed his alleged offense at the age of fifteen. The need to protect the confidentiality of juveniles is not implicated by Mr. Skakel’s case, and yet the statute’s broad scope reaches him, in a case of great public interest. We need not strain ourselves to think of other examples where the statute would broadly overreach. For instance, gang prosecutions involving juveniles are not uncommon, and under the Act, Connecticut courts would be required to conduct numerous secret jury trials, where, given the seriousness of the crimes usually involved, the risk of unfair stigma does not seem to be outweighed by the substantial public interest in disclosure.


Source: https://reason.com/volokh/2021/02/01/juvenile-cases-transferred-to-ordinary-criminal-court-cant-be-categorically-sealed-2/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Humic & Fulvic Liquid Trace Mineral Complex

HerbAnomic’s Humic and Fulvic Liquid Trace Mineral Complex is a revolutionary New Humic and Fulvic Acid Complex designed to support your body at the cellular level. Our product has been thoroughly tested by an ISO/IEC Certified Lab for toxins and Heavy metals as well as for trace mineral content. We KNOW we have NO lead, arsenic, mercury, aluminum etc. in our Formula. This Humic & Fulvic Liquid Trace Mineral complex has high trace levels of naturally occurring Humic and Fulvic Acids as well as high trace levels of Zinc, Iron, Magnesium, Molybdenum, Potassium and more. There is a wide range of up to 70 trace minerals which occur naturally in our Complex at varying levels. We Choose to list the 8 substances which occur in higher trace levels on our supplement panel. We don’t claim a high number of minerals as other Humic and Fulvic Supplements do and leave you to guess which elements you’ll be getting. Order Your Humic Fulvic for Your Family by Clicking on this Link , or the Banner Below.



Our Formula is an exceptional value compared to other Humic Fulvic Minerals because...


It’s OXYGENATED

It Always Tests at 9.5+ pH

Preservative and Chemical Free

Allergen Free

Comes From a Pure, Unpolluted, Organic Source

Is an Excellent Source for Trace Minerals

Is From Whole, Prehisoric Plant Based Origin Material With Ionic Minerals and Constituents

Highly Conductive/Full of Extra Electrons

Is a Full Spectrum Complex


Our Humic and Fulvic Liquid Trace Mineral Complex has Minerals, Amino Acids, Poly Electrolytes, Phytochemicals, Polyphenols, Bioflavonoids and Trace Vitamins included with the Humic and Fulvic Acid. Our Source material is high in these constituents, where other manufacturers use inferior materials.


Try Our Humic and Fulvic Liquid Trace Mineral Complex today. Order Yours Today by Following This Link.

Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.