SETTING NEW BOUNDARIES:
HOW IOWA NEWSPAPER EDITORS ARE APPLYING A NEW LAW
GRANTING THEM EXPANDED ACCESS TO JUVENILE NAMES
by
Constance K. Davis
University of Iowa
School of Journalism and Mass Communication
First-year Ph.D. student
April 1998
ABSTRACT
On July 1, 1997, a new Iowa law allowed the release of names of juveniles as
young as ten when they are taken into custody or when they commit any public
offense. This paper examines whether Iowa newspapers have expanded their use of
juvenile names and finds editors have only nudged at their previous boundaries.
ABSTRACT
The juvenile justice process in most states across the country has gradually
been opening and allowing greater access to the media and to the public. On July
1, 1997, a new Iowa law allowed the release of names of juveniles as young as
ten when they are taken into custody or when they commit any public offense from
the simplest misdemeanors to the most serious felonies. This paper examines how
Iowa newspaper editors have decided to implement the law, the policies they have
established, the access they actually have to these juvenile names and the
concerns they may have about using all of the names. While the editors have been
thrilled to have been granted greater access to information about juvenile
activities, they have not rushed to print all of the names available to them.
Indeed, while the responses range from printing all of the names to printing no
juvenile names at all, the editors have only begun to nudge at their previous
boundaries.
SETTING NEW BOUNDARIES:
HOW IOWA NEWSPAPER EDITORS ARE APPLYING A NEW LAW
GRANTING THEM EXPANDED ACCESS TO JUVENILE NAMES
I. Introduction
During its 1997 session, the Iowa Legislature approved a bill that attempted to
tackle juvenile crime on several fronts. One of its provisions allows
authorities to release the names of youngsters ten and older once they are taken
into custody "for a delinquent act which would be a public offense" [1] or if a
filed complaint alleges they have "committed a delinquent act, which if
committed by an adult would be a public offense." That law went into effect July
1, 1997.[2]
In passing that bill, the Iowa Legislature joined a growing number of states
moving to grant greater openness to juvenile records.[3] Since July 1, Iowa
newspaper editors have had the opportunity to print the names of juveniles who
have been taken into custody or charged. But have they taken that opportunity?
Not only does this paper look at what Iowa newspaper editors have done with that
increased access to information about juveniles (and whether they are even
gaining access to the juvenile records), it also looks at what entered into
their decision to print or not to print the names and explores the concerns some
editors have regarding the printing of names of juveniles.
As this paper examines how editors have translated this law into practice, it
first gives a brief history of the juvenile court system in this country and
how confidentiality came to be such an important part of how that system
operated.
A necessary part of this examination will be to look at the constitutionality
of juvenile confidentiality. The Supreme Court has, on several occasions,
weighed a youngster's right to confidentiality against the right of the press to
publish names of juveniles, and each time has come down on the side of the
press.
At that point this paper will begin to look at the recent move away from
confidentiality in the juvenile justice process and the reasons raised by the
various parties interested in juvenile justice. One reason some claim
confidentiality is no longer necessary is that juvenile crime has increased so
much in recent years. Statistics gathered by federal agencies show that juvenile
crime rose rapidly during the early 1990s, but the most recent statistics show
it may have slowed down for the past year.[4]
Next this paper will look at why Iowa Gov. Terry Branstad called for this
legislation and why he said, "We are doing a disservice to the people of Iowa by
shielding juvenile offenders from public disclosure."[5]
With that background in place, this paper will turn its focus onto the editors
of Iowa newspapers and will find that, in spite of this green light from the
Iowa Legislature, they are not rushing in droves to publish the names of
ten-year-olds taken into custody. A total of thirty-four Iowa newspapers were
included in the sampling, seven of them nondaily newspapers. Editors at
twenty-four newspapers were interviewed, mostly through telephone interviews, by
the author. The other ten newspapers included in this paper had responded to a
poll conducted by the Iowa Associated Press Managing Editors. All interviews
were conducted between October and December 1997.
The editors were asked what they were doing with this expanded access to
information about juveniles, what had gone into their decisions to use or not to
use this information and whether they were gaining access to this information.
II. Juvenile law and confidentiality
A. History of juvenile courts
It was not until the late 1800s that the idea of separate courts for juveniles
really began to take hold. The first juvenile court statute was adopted by
Illinois in 1899 and has spread to all 50 states, Washington, D.C., and Puerto
Rico.[6] It wasn't until 1904 that Iowa adopted a juvenile court system.[7]
The separate juvenile court movement came about partly because the "reformers
were appalled by adult procedures and penalties, and by the fact that children
could be given long prison sentences and mixed in jails with hardened
criminals."[8] They were also concerned that children would never have a chance
to be rehabilitated.[9] Common law had considered children under the age of
seven "incapable of possessing criminal intent. Beyond that age, they were
subjected to arrest, trial, and in theory to punishment like adult
offenders."[10] Justice Harlan in one case refers to a twelve-year-old boy who
had been found guilty of murder and was hanged.[11]
The early reformers looked not to the ages of seven to ten as the age at which
youngsters could reason, but pushed the age for recognition of their criminal
liability up to sixteen or seventeen.[12]
Those members of the "Progressive Movement" in juvenile reform believed that a
youngster's criminal behavior was caused by external forces and was not a result
of his own free will.[13] Under a separate court system, the juvenile was not to
be treated as if "he was under arrest or on trial."[14] Rather, the goal was to
reform the offender rather than punish for the offense. The reformers felt such
a youngster could, indeed, be treated for the ailment of juvenile delinquency
and could be rehabilitated.[15]
The juvenile justice reform movement a century ago was premised on three
beliefs: that they could identify and treat whatever caused juvenile crime, that
children could be rehabilitated and that the state's parents patriae power was
sincerely interested in the child.[16] The juvenile had become a delinquent, the
reformers said, because he experienced defects in his environment, in his
physical makeup or in his psychological condition.[17]
As a result, the new court system that was formed "focused on meeting the
special needs of troubled children."[18]
The early reformers had envisioned the juvenile court as a place "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.'"[19]
The juveniles should be treated "as a wise and merciful father handles his own
child whose errors are not discovered by the authorities."[20] Actually, under
the separate juvenile system, "judges were given almost limitless discretion in
crafting the disposition to facilitate whatever the judge thought would 'cure'
the youth."[21]
Early judges, it was suggested, should not sit on their benches and look down
upon the youngsters, but rather should be "[s]eated at a desk, with the child at
his side, where he can on occasion put his arm around his shoulder and draw the
lad to him, the judge, while losing none of his judicial dignity, will gain
immensely in the effectiveness of his work."[22] Juvenile courts, therefore,
were expected to be informal and and as helpful as possible to the offender.
The secret hearings, the reformers felt, were necessary "to hide youthful
errors from the full gaze of the public and bury them in the graveyard of the
forgotten past."[23]
In one of the first major cases dealing with juvenile confidentiality to come
before the Supreme Court, the justices said that the "claim of secrecy,
however, is more rhetoric than reality." They pointed out that in most
jurisdictions, judges have some discretion on whether to release a juvenile's
records. In fact, the Court said, many courts willingly supply information about
the young offender to government agencies such as the FBI and the military and
even to potential employers.[24]
As for police records, the Court said that police in most states "keep a
complete file of juvenile 'police contacts' and have complete discretion as to
disclosure of juvenile records."[25]
B. The arguments for confidentiality
Since the early days of the juvenile courts, anonymity had been one of the
hallmarks of the juvenile justice process. It was important, one of the early
juvenile judges said, not to think of the child as a criminal and "to save it
from the brand of criminality, the brand that sticks to it for life."[26]
Publishing an offender's name has been criticized because "it is seen as an
attempt to inflict a form of punishment on the juvenile."[27] In fact, under the
juvenile justice system set up by the early reformers, a youngster who had
committed a crime was not really guilty, because he did not have the criminal
capacity to be responsible for his crimes.
Others have said that media should not identify juveniles because that only
perpetuates the public's already "flawed perception" of today's youth.[28] In
addition, the youngster's chance at rehabilitation will be hurt "because it
will increase his self-perception of his own delinquency, disrupt his family's
ability to support and counsel the youth, and negatively affect his interaction
with peers, teachers, and the surrounding community."[29]
Much has been written about how "labeling" affects youngsters and why
confidentiality has been an important part of the rehabilitation process. The
early reformers, who firmly believed that youngsters could be rehabilitated,
expected confidentiality to ward off the stigmas society would place upon the
youngster.[30]
In fact, societal reactions to juveniles who have been labeled may be negative
and may in turn cause a person to be isolated and that, in turn, could lead to
even more deviant behavior.[31]
Labeling theory as a whole centers on the premise that another person's
perceptions of you can control your behavior. Under that theory, someone
adjudicated a delinquent who has not been made public would be less likely to
resort to negative behavior than a juvenile whose status as a delinquent has
been publicized.[32]
Another reason supporters claim confidentiality is needed is that the juvenile
offender might, in fact, be pleased with the media attention he has received and
is more likely to become a repeat offender.[33] And by the same token, that
attention might have an impact on other juveniles who also commit crimes in the
hopes they, too, will receive either that kind of publicity or the approval of
their peers.[34]
Furthermore, a juvenile who has been labeled as a delinquent may have
problems at school, with both his peers and his teachers. "Research indicates
that the greater a juvenile's sense of attachment to his school[35] and
education in general, the less likely he is to engage in delinquent
behavior."[36] The problems may arise in a juvenile's ability to interact with
students who are succeeding in school and with students who are not delinquent.
That, in turn, may lead him to associate increasingly with others who have also
been labeled as delinquents. The publicity about a juvenile delinquent is also
likely to have a negative impact on the youngster's ability to find a job.[37]
Anne Bunz, legislative liaison for the Youth Law Center in Des Moines,
expressed a concern that the Legislature has eliminated most of the distinctions
between juveniles and adults in court. Before S.F. 515 was approved, she had
proposed an amendment that would have struck the whole public record section of
the juvenile bill. Besides, she said, "a youngster convicted of a forcible
felony is going to be a matter of public record anyway."[38]
And while she agreed that youngsters should be held accountable in some way,
she did not think publicity was the answer. "Juveniles are different than adults
and should be treated differently. Youngsters make mistakes and should be
allowed to learn from those mistakes."[39]
She was especially concerned about the youngsters who do something fairly
small, like shoplifting or a minor first offense. "That information will
automatically have him marked as bad."[40]
In small towns, most people know offenders anyway, she said, and that in itself
is already damaging. The students who are also athletes will miss some games and
teachers may label that youngster as a troublemaker. Then a stigma is attached
although a lot of these youngsters have not meant any harm. That's what
childhood is for, making mistakes and learning from them.[41]
The research examining labeling has produced inconsistent results, and has not
conclusively identified the effects of labeling on delinquency. Nor have studies
actually measured how someone who has officially been adjudicated as a
delinquent might be affected by the resulting publicity.[42]
C. The argument against confidentiality
Although the juvenile court system as it was put into practice nearly a
century ago used confidentiality as one of its main tenets, by 1920 only seven
states prohibited disclosure of various juvenile court records.[43]
The need for confidentiality was linked to its need in the rehabilitation
process, but because the juvenile justice system has not been especially
successful in that rehabilitation, some believe there is no longer any reason to
protect delinquents from the stigma of that label.[44]
Those who advocate more access to the identities of juveniles say that
confidentiality does not really exist anyway. In fact, some of those same
advocates would argue, that the fear of embarrassing oneself or one's family
would actually serve as a deterrent.[45]
Although this paper will not examine this particular criticism, some call for
the juvenile process to be opened because of the abuses in some juvenile courts
and by some juvenile justice professionals.
A juvenile court judge has been among those calling for an abandonment of
confidentiality in the juvenile process and granting those in the juvenile
justice system greater access to a juvenile's records.[46]
Some would argue that it is difficult to measure self-esteem and therefore it
is difficult to determine if a juvenile is harmed by having his name
released.[47] Or perhaps confidentiality is not needed because researchers do
not know exactly what it is that causes delinquency.[48]
Others argue that disclosure of identities is important for the "moral health"
of communities. One way to maintain a community's "moral health" is to let it
"express its disapproval of those who threaten it."[49]
With openness in the juvenile justice process, a community can also see that
the process is working, and can perhaps force the process to become more
effective.[50] Others would argue the public has a safety interest in guarding
against juvenile delinquents.[51]
Disclosure of the name is, in fact, good for the child, because children need
to know how their communities feel about them.[52]
D. Constitutionality of juvenile confidentiality
"The United States Supreme Court has not attempted to define a constitutional
right of confidentiality for an adjudicated delinquent. There is no such
constitutional right."[53]
Justice Warren Burger, in Davis v. Alaska [54] said that although the state
certainly had an interest in "protecting the confidentiality of a juvenile
offender's record," it was more important to the judicial process to allow the
cross-examination of that juvenile.[55]
The Supreme Court took up the news media's use of a juvenile's name in cases
decided in 1977 and 1979. It revisited the idea of juvenile confidentiality in a
1982 case.
In Oklahoma Publishing Co. v. District Court,[56] the Court said the First and
Fourteenth amendments did not allow the state to ban publication of information
the news media obtained during an open court session. An eleven-year-old boy
involved in a homicide had been photographed and widely named by the media. In
the per curiam decision, the Court did not discuss the confidentiality of the
juvenile proceeding.
Two years later the Supreme Court took up the issue of a juvenile whose name
had been published after newspapers had learned the name from the police radio
and eyewitnesses in Smith v. Daily Mail Publishing Co.[57] A West Virginia
statute made it a crime for a newspaper to publish a juvenile's name without
written permission from the juvenile court, although the statute's restriction
did not extend to the broadcast media or any other kind of publication. The West
Virginia Supreme Court of Appeals had said that "statute operated as a prior
restraint on speech and that the State's interest in protecting the identity of
the juvenile offender did not overcome the heavy presumption against the
constitutionality of such prior restraints."[58]
The U.S. Supreme Court, in its decision, said West Virginia was trying to
protect the juvenile because "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." However, Chief Justice Burger said, "The
magnitude of the State's interest in this statute is not sufficient to justify
application of a criminal penalty to" the newspapers.[59]
Three years later the Supreme Court again looked at the conflict between a
juvenile's confidentiality and openness in Globe Newspaper Co. v. Superior Court
for the County of Norfolk, only in this case the juvenile was a victim.[60]
Justice Brennan, writing for the majority, said that "safeguarding the physical
and psychological well-being of a minor is a compelling one. But as compelling
as that interest is, it[61] does not justify a mandatory closure rule."[62]
As the cases show, the Court has not given juveniles any kind of a
constitutional right to confidentiality, so that allows individual states to
stop providing confidentiality if they choose. "The issue of preserving juvenile
confidentiality, therefore, is a political, not a constitutional question. The
political landscape, however, is no longer favorable for juvenile courts."[63]
E. Juvenile crime statistics
Legislatures across the United States cite the statistics showing a dramatic
increase in juvenile crime over the past decade as one of the reasons for
increasing access to juvenile records.
A study by the Office of Justice Programs showed that between 1985 and 1994,
the number of delinquency cases that were waived into criminal court increased
71 percent, from 7,200 to 12,300 cases annually.[64] Juveniles were moving into
criminal courts because they were committing more serious crimes. In 1991,
offenses against property outnumbered those against people, but by 1994 most of
those waived into criminal court were facing offenses against people. The study
showed that fourteen out of every 1,000 cases were waived into criminal
court.[65]
Yet another study found the arrest rate of those under eighteen increased 167.9
percent for murder and non-negligent manslaughter between 1984 and 1993.[66]
In addition, the number of arrests of those under age fifteen has been rising,
with arrests for violent crimes by those under fifteen up 94 percent between
1980 and 1995 while arrests for older youths were up only 47 percent during that
same time period.[67]
Juvenile crime has also increased in Iowa during this decade. FBI statistics
comparing crimes in 1992 to reported crimes in 1996 show that the number of
aggravated assaults went from 284 to 385, burglaries increased from 378 to 612,
larceny theft increased from 2,096 to 3,092, motor vehicle thefts increased from
153 to 305, arsons increased from 50 to 103, robberies from 36 to 58, violent
crimes from 338 to 458 and property crimes rose from 2,677 to 4,112. The only
crime that dropped during that period was forcible rape, which went from 18
reported cases in 1992 to 11 in 1996.[68]
The media coverage of these crimes may be influencing legislatures around the
country to pass legislation requiring delinquents to be more accountable.[69]
However, the FBI figures for juvenile crime released in early October 1997 show
some slowing of the national increase. For the two-year period 1995-1996,
juvenile arrests rose 3 percent while adult arrests showed virtually no change.
But violent crime arrests of juveniles decreased 6 percent and those of adults,
3 percent.[70] A study of the FBI's statistics also found a 6 percent decrease
between 1994 and 1995 in the number of thirteen- and fourteen-year-olds
arrested for violent crimes and a 2 percent drop for those older than
fifteen.[71]
II. Opening access to juvenile records
A. Access opens around the country
Greater access to juvenile records is being granted not only by legislative
changes in many states, but also by administrative or court decisions. In
granting this access, states are moving further from the juvenile justice system
that was put into place nearly a century ago and moving closer to treating
juveniles as adults D just what the system had been designed to avoid.[72]
First of all, a number of people already have access to juvenile records.
Along with the institutions that deal with juvenile custody and the juvenile
court staff, prosecutors, law enforcement and probation officers may also have
access. Other states allow the juvenile's attorney, the juvenile's parents, the
juvenile's victims, those who might be in danger from a juvenile, school
officials and even housing agencies to have access.[73]
Legislatures around the country have jumped onto the bandwagon and lowered
the age at which juvenile records can become a public record. However, those
states are not going as far as Iowa in dropping to ten the age at which a wide
array of juvenile information can become a public record. Among the states
introducing or passing legislation during 1997 were Hawaii, which will release
the names of hardened juveniles at age twelve; Idaho, which will release names
of those fourteen and older who have been charged, and in some instances those
as young as thirteen; and New Mexico, where the age dropped from fifteen to
fourteen.[74]
However, the authors of a study of adolescents who had been automatically
transferred to adult court after they were accused of murder said, "Our research
highlights the need for research also to examine aspects of community sentiment
that legislators use to justify statutory changes."[75] The study found that
there was not sentiment for trying all juveniles as adults if they had been
accused of murder. The juvenile's background D especially if the child had been
abused D should be taken into account.[76]
B. Iowa increases access
After having granted access to juvenile records in the 1960s and 1970s, the
Iowa Legislature in 1979 made most records again confidential.[77] Rep. Jeffrey
Lamberti, who chaired the House Judiciary Committee and helped get the 1997
legislation passed, said he believed the move toward confidentiality was the
wrong way to go. "While concerned about the juvenile's self-esteem, what the
social scientists were really doing was shielding juveniles from
accountability."[78]
While Lamberti, R-Ankeny, agrees that other issues, such as "the explosion of
single parent families and terrible, negligent parents"[79] add to the
juveniles' delinquent behavior, he said that confidentiality has played a large
role. "Prior to the changes in our juvenile law, when they were held accountable
and the records were public, juvenile crime was hardly a problem. The most
serious offenses were things, such as shoplifting, which are considered minor
offenses today. After the laws were changed to shield juveniles, juvenile crime
exploded throughout the country, including Iowa."[80] Lamberti, an attorney who
has some experience in juvenile law, said, "From speaking with judges, juvenile
court officers, counselors and law enforcement personnel, I can tell you the
majority of them agree that the lack of accountability is the major problem in
our juvenile code. While making their names public may not solve the problem, it
is certainly a step in the right direction."[81]
In recent years Iowa has joined the crowd of states gradually increasing
access to its juvenile justice system. The 1995 Legislature moved
sixteen-year-olds away from juvenile court and into adult court if they had
committed any drug-related, firearms or weapons offenses as well as certain gang
activities or forcible felonies. They also lowered the age to fourteen of youths
who could be transferred into adult court, which meant their cases would become
public record.
By late 1996, Iowa Gov. Terry Branstad began promoting a program that he hoped
would combat youth violence and juvenile crime; one of the goals was to provide
appropriate sanctions. As one of the ways to achieve that, Branstad called for
expanding and simplifying access to the names of juvenile offenders. He wanted
to allow public access to names once juveniles were arrested rather than waiting
until after a complaint was actually filed with the court.[82]
A Des Moines Register poll showed that the people in Iowa supported that
change. Of the 815 Iowans over the age of 18 surveyed, 66 percent favored
greater access to juvenile names.[83]
"For 30 years in this country, public policy sought to shelter children from
their own actions," Branstad said. "If they committed a crime, they were not
held accountable D because they were supposedly too young to know any better."
But, Branstad said, "The results of this era of permissiveness have been
disastrous. By not holding kids accountable for their actions, this country has
managed to create a new generation of violent criminals. They understand how the
system works and they use it to escape the consequences of their actions."
The first way to hold juveniles accountable is to increase access to the names
of juvenile offenders. "At the time a young person is arrested for a serious
crime, the public has a right to know. We are doing a disservice to the people
of Iowa by shielding juvenile offenders from public disclosure," Branstad
said.[84]
C. The new law
Although the Iowa Legislature changed a number of sections of the Iowa Code
dealing with juveniles, two sections in particular apply to the Iowa news media.
One new section to the Iowa Code now reads:
Information pertaining to a child who is at least ten years
of age and who is taken into custody for a delinquent act which would
be a public offense is a public record and is not confidential under
section 232.147.[85]
A section that was amended now reads:.
A complaint filed with the court or its designee pursuant to
this section which alleges that a child who is at least ten years of
age and who has committed a delinquent act which if committed by an
adult would be a public offense is a public record and shall not be
confidential under section 232.147. The court, its designee, or law
enforcement officials are authorized to release the complaint,
including the identity of the child named in the complaint.[86]
The Iowa Code defines a public offense as "that which is prohibited by statute
and is punishable by fine or imprisonment."[87] Public offenses can range from
serious felonies[88] to simple misdemeanors.[89]
However, the same law that grants access to juvenile information includes a
section that outlines which information may be confidential and will be subject
to sealing.[90]
D. Iowa newspapers put the new law into practice
Even though the change in the law greatly expanded the boundaries for naming
juveniles involved in public offenses, few newspapers have expanded their
coverage of juveniles to meet those boundaries. In fact, Iowa newspaper editors
have examined the issue at great length, have met with newsroom staffs and with
persons outside the newsroom and some have drafted policies on dealing with the
names of juveniles. Their policies range from not printing the names of any
juveniles to printing the names of all juveniles, but most newspapers by far
fall into a middle category of printing only the names of those involved in more
serious crimes. Their reasons for their policies are as varied as the policies
themselves.
Iowa newspaper editors have a variety of relationships with their local police
departments. In some communities editors have had difficulty getting the names
of the juveniles from police or court agencies. In other communities, editors
will discuss with the police whether to run the names in some cases.
Robin Delaney, editor of The Daily Democrat in Fort Madison, a community that
also houses a prison, said her newspaper uses the names of all juveniles ten
years of age and older involved in both misdemeanors and felonies. The decision
to print names was based, she said, on public opinion, the newspaper's own
opinion and the deterring effect of printing those names. "And we felt that it
was easier to go with the law than to play judge."[91]
The editor of the Marshalltown Times-Republican, Jim Stern, said his newspaper
is printing the names of all juveniles it has access to and that it prints all
of the court news. The decision to print the names of juveniles was, he said,
"no decision at all."[92]
Another newspaper that tries to print all of the names is the Anamosa
Journal-Eureka, in a community that also houses a correctional facility. News
editor Jennifer Hughes said the newspaper didn't run them before because they
couldn't. "Now we can. We didn't put a lot of thought into it." People like to
know who is involved in crimes and before the law changed on July 1, she
sometimes got phone calls from people asking for the name of someone who was
listed only as a juvenile in a news story. "I couldn't tell then; now I
can."[93]
On the other end of the spectrum Lori Nillers, editor of the Daily Freeman
Journal in Webster City, said her newspaper continues to print the names of
juveniles involved in traffic violations, which had already been public record,
but has not moved to printing the names of any other juveniles. Her community
differs from Fort Madison in that there is no "public sentiment or support for
using names."[94] No specific poll was conducted to make that determination; it
was just the feeling staff members had in a few conversations with members of
the public.
Some of the editors expressed reservations about a law that allows the printing
of the names of ten-year-olds who have not even been charged with a crime, but
who have only been taken into custody. Mark Bowden, managing editor of the The
Gazette in Cedar Rapids said he is troubled by the fact that the newspaper is
allowed to print the names of those taken into custody or who have been charged,
but the paper might not have access to the disposition of the case because
access to juvenile court records is uneven and some records are subject to
sealing. "I don't think those who passed the law thought about it. There could
be a real injustice there." He wondered if the next legislative session will
clear up that question.[95]
The change in the law had not been sought by newspapers, but had been pushed by
Gov. Branstad. "It is a strange law," said Larry Smidt, editor of The Messenger
in Fort Dodge. "Government seldom runs out in front of the media with a law
granting that kind of access." His newspaper has not changed its policy of
running the names of youngsters involved in felonies, but will now include the
names of ten-year-olds involved in felonies.[96]
Most editors did agree that having greater access to information was important,
no matter what the newspapers choose to do with that information. "Personally
and as a publisher, I think it is a positive step forward," said John K. Hall,
the publisher of the weekly Times Plain Dealer in Cresco. Because government is
more likely to restrict access than to grant greater access, Hall saw this law
as an important step in public access. His newspaper hasn't yet come across the
names of any ten-year-olds involved in crimes, but they will and have printed
the names of twelve-year-olds and older involved in major crimes.
"The reason is that we just feel that people need to be aware of major crimes
committed by the young," Hall said. Before the law changed, newspapers had to
jump through major hoops to print the names of youngsters involved in some of
the major crimes.[97]
"We are glad that the door is open for these names," said John Smalley, editor
of the Mason City Globe Gazette. He recently moved from Wisconsin D which has a
much more restrictive policy regarding the release of juvenile names D to the
editor's post in Mason City. He said it is good to have that free flow of
information, even if the newspaper chooses not to use it. His newspaper is
handling the names the same way many Iowa newspapers are, printing the name if
the juvenile is involved in a crime for which an adult's name would be used.
However, the Globe Gazette has only printed a few names since the law went into
effect.[98]
The Cedar Rapids Gazette has a similar policy, Bowden said. They will use a
juvenile's name if it is a situation in which they would use an adult's name or
if they deem it to be newsworthy. As an example, Bowden said his newspaper would
not normally print the name of someone charged with a stop sign violation;
however, if someone had accrued 500 stop sign violations that might be turned
into a story. As for high profile cases, "they take care of themselves."[99]
"It wasn't a real stretch to develop this policy," Bowden said. "A lot of the
log items are traffic offenses and juvenile names are already there." Bowden
said the newsroom had some discussion about it and decided that if the staff
deemed it newsworthy, they wouldn't be serving the reader if the name was left
out. "What value is it to a reader if a piece is missing, if we didn't say who
it was?"
The Waterloo Courier is another newspaper with a policy of publishing a
juvenile's name where it would use adult names. Although editor Saul Shapiro
said he doesn't know if he is totally comfortable with a law that allows the
printing of names, he said the paper prints them because he said it seems the
"specific intent of the law is to print these names. It seems to be the will of
the Legislature that we use those names; so it would seem to be the will of the
people."[100]
The fact that the change was pushed so hard by the governor caused some
newspapers to be surprised that local law enforcement agencies were not aware
of the change in the law.
The Cedar Rapids Gazette sent a letter to the law enforcement agencies in the
nearly two dozen counties it covers and explained how the newspaper interpreted
the law and what it expected to be able to obtain from the police agencies.
Several law enforcement groups then issued press releases about the new law that
paralleled the Gazette's views. "We were pleasantly surprised," Bowden
said.[101]
Not all newspapers have had the same success in dealing with their law
enforcement agencies. More than one-third of the editors said they had run into
some problems gaining access to the juvenile names. In some cases one agency
would not release names or would not release all of the names. In another case
the police may release the name but not the age, which the reporter then tries
to get from the juvenile court, which does not want to release the age. The
police in one city would not release names because they needed to "investigate
the implications" of the law. In at least one county the police began to
cooperate after receiving an opinion from their county attorney.[102]
The editor of the Mt. Pleasant News said that his paper can get information
from law enforcement agencies and from the county attorney but not from juvenile
court staff. So the newspaper gets its information about juveniles from the
county attorney's office. His newspaper is now in the process of drafting a
policy to use serious misdemeanors and above, or offenses that land someone in
district court rather than in magistrate court.[103]
However, law enforcement agencies that are aware of the law may not always pass
that knowledge along to the youthful offenders. Bowden in Cedar Rapids said his
first negative reaction to printing a name happened in September when the paper
was threatened with a lawsuit by the parents of a boy whose name had been
printed. The newspaper staff discovered that the parents had not been told about
the change in the law. "It was clear that local officials had not described the
law to youthful offenders. That also struck us as odd, somehow, that it hadn't
trickled down to the youngsters that having their name made public was a
ramification of being accused of a crime."[104]
Other newspaper editors said they have tried to inform both the public and the
police agencies. Editors of the Shenandoah Valley News Today and the Iowa Falls
Times Citizen say they are printing names and that they have run stories and
editorials about the law.
Rex Troute, editor of the Iowa Falls newspaper, said the paper had its first
negative public reaction to the law in August when it printed the name of a
youngster who had shot his younger brother with a BB gun. The editor heard from
the parents of the youngsters and ran letters to the editor from people who took
issue with printing the names of juveniles and who claimed it takes a community
to raise a child. "We ran an editorial that said no, it takes parents to raise a
child." The youngster, it turned out, had been in trouble with the law before,
but this was the first time that his name had been in the paper.
The Iowa Falls newspaper is running the names of juveniles involved in a
serious crime. "If it is a serious enough crime, maybe running names may be a
deterrent."[105]
The news editor of the Shenandoah paper said her paper is printing all of the
names. They came to that decision after talking about it with the news staff and
with the publisher and because the law now allows those names to be part of the
public record. Then their newspaper ran a story and an editorial that helped
explain their position. In addition, the staff discussed the new law with area
law enforcement agencies and so far they have had good cooperation. Her paper
has not yet had any negative reaction, but the editor said that might be because
they don't have many crimes or because they just haven't printed the right name
yet.[106]
The editor of the Sioux City Journal, said the paper's general policy is not to
run juvenile names unless they are charged with a felony. The law, however,
concerns him because he is not sure how reliable access to names would be if the
paper should decide to print all of the names that the new law says are public
record.[107]
The Dubuque Telegraph Herald reporters do not always get the names of juvenile
offenders without asking. And sometimes when law enforcement officials pass
along names they will ask the newspaper not to use them or to delay using them.
But, the editor pointed out, names of juvenile victims are available as they
have been for some time. The Telegraph Herald only prints juveniles charged with
a felony.[108]
The Oskaloosa Herald has decided to hold off on printing juveniles' names until
they have been charged.[109]
Other newspapers say they take the information the authorities give them and
print all of it in a police and court log column. Gerald Blue, editor of the
Fayette County Union, said that in thirty years his newspaper has never deleted
an item from the reports the paper receives from the West Union Police
Department or Fayette County Sheriff's Office. He admitted, though, the paper is
probably not getting all of the news. "But we're not seeking out the names of
ten-year-olds, either."[110]
Troute, of the Iowa Falls newspaper, said that his newspaper does not want to
play favorites, but he admitted that sometimes reporters do call the police
department for more particulars on a specific crime. The reporters want to be
comfortable with all of the details before the name is printed. On the other
hand, Iowa Falls does not have that much crime and he did not think the paper
would use the law that much.[111]
The acting editor of the Atlantic News-Telegraph said his newspaper also works
closely with the police department and makes decisions on a case-by-case basis.
He said he is not bothered by printing the names of those who are fifteen,
sixteen or seventeen, but he is more hesitant to print the names of those who
are ten. However, it is a small enough community and he is willing to listen to
the facts of the case before he makes a decision.[112]
The law, however, brings other concerns to editors like Smalley in Mason City.
He said it is not a one-size-fits-all kind of law. Although he said he can
understand why the Iowa Legislature passed this law in its attempt to hold
juveniles accountable, he thinks there should be allowances for the youngster
who has made just one mistake as opposed to the youngster who is a habitual
criminal. "Are we going to be adding further damage to an already disturbed
young person?"
Another newspaper that prints only the names of youngsters involved in the most
serious crimes is the weekly Mitchell County Press-News in Osage. Larry
Kershner, the news editor, said he is wondering, though, whether to begin
running the names of repeat offenders. He has been in the business twenty years
and said he did not rush to expand his coverage to the limit allowed by the new
law "because you don't make a drastic policy change overnight."
He recalled one young man who was constantly in trouble with the law several
years ago, but who was too young to have his name in the paper. When he was
finally old enough, the paper printed his name. "The young man settled down, but
I don't know if it was maturity or whether we started printing his name."
Kershner does wonder if there is a deterrent effect in running the names of
those who are chronic offenders, but he is clearly concerned about the impact of
running the names of those who make only one misstep. "If we ran the names of
someone with only one offense, maybe he wouldn't have gotten a
scholarship."[113]
The editor of the Washington Evening Journal said he is also concerned about
printing the names of those as young as ten. He said he feels a little more
comfortable starting with people at age thirteen or fourteen, although he, too,
said that if the crime is serious enough his newspaper will run the juvenile
names. He is concerned about how printing the name will affect the juvenile. As
a result, his newspaper and others within its group are working on a
policy.[114]
One editor who chose a different approach asked why the press should be the
vehicle responsible for getting the names of young criminals out into the
community. Mike Beck, managing editor of the Iowa City Press-Citizen, said his
paper's policy has not changed with the law D it will print the names of those
under 18 only if they are involved in a serious felony and even then the paper
will examine them on a case-by-case basis. As for publishing the names of all
youngsters whose names would be public record under this law, Beck said it could
be an endless list.
"To some extent, that is not my problem; that's Branstad's and the
Legislature's problem. We are not here to solve the juvenile crime problem for
them." Beck agreed that the public needed access to as much information as
possible and he pointed out that the names of juveniles are not just open to the
newspapers; the names are public information for everyone.
He questioned the "legitimate, compelling interest in running" the names of all
juveniles who would fall under this law. He said it was "chilling" to think the
press should run the names of all of those juveniles and somehow help to reduce
the level of juvenile crime. "That's an awfully heavy responsibility for the
press. I'm not willing to accept that kind of responsibility."[115]
Although some might argue that under the social responsibility theory of the
press a newspaper should print those names,[116] Rep. Lamberti could not point
to any specific studies the Legislature used to show how the publication of
names would deter juvenile crime.[117]
III. Discussion and Conclusions
Iowa editors generally were thrilled to have additional access to information.
But they prefer being in the position where the editors can choose which
information to use, and editors are making those choices carefully.
Iowa newspaper editors have been handed an opportunity to use the names of
every youngster ten and older in the state who has just been taken into custody
D not even charged D in connection with some offense. Even though the Iowa
Legislature has greatly expanded the boundaries for the state's editors, they
are not coming anywhere close to taking full advantage of using those names D
nor do they intend to any time soon. Editors are not sure how many of the
available names they actually use, but it seems very likely that less than half
of the names are getting into print.
While some newspapers have based their decisions not to run all of the names on
how much space such a listing might require, most of them are turning to ethical
concerns as they consider the boundaries they want to reach in setting a new
policy. Most of the editors also said that, in spite of what the FBI statistics
show about the increase in juvenile crime in Iowa, their communities do not
have much juvenile crime and they do not print many names. One newspaper editor
had not yet even thought about a policy because his paper had not had an
occasion to consider printing a name.[118]
Most of the newspaper editors expressed reservations about using the names of
ten-year-olds unless that youngster has been involved in a serious crime. For
some editors, their boundaries stop before they will print the name of a
ten-year-old. Many editors have set their boundaries by refusing to print lesser
crimes or the first crime a youngster commits. Helping them to decide on those
boundaries were concerns such as the very real possibility that they might not
have access to the disposition of the case and whether it is fair to print the
name of a child who will never make that kind of a mistake again.
Many of these editors said that even before the change in the law, they would
have used the name of a ten-year-old who was involved in a major crime if they
could have legally obtained the name. And with the law that drops the age to
ten, many of these same editors said they would seriously consider printing the
names of those younger than ten if they are involved in extremely serious
crimes.
Although only one newspaper had made the decision not to print the names of any
juveniles, many of the smaller papers have printed very few names D or no names
D since the law went into effect. Most newspapers, however, will print at least
the names of those involved in the most major crimes. Although editors did not
mention laws in other states, those who do not use names as young as ten are in
line with the lesser access available in most other states. A handful of
newspapers will make decisions on a case-by-case basis. Even with such a
permissive law, it was apparent that most newspapers weighed societal concerns
as they made their decisions.
Anne Bunz of the Youth Law Center said it was good news to hear that newspapers
were not using all of the juvenile names to which they had access.[119]
"It flies in the face of what people think of newspapers, that they just want
to print anything salacious," said Bill Monroe, executive director of the Iowa
Newspaper Association.[120]
It was perhaps surprising to discover the level to which Iowa newspapers,
especially smaller dailies and nondailies, consulted with their local police
departments when deciding whether to print a juvenile's name in a specific
situation. Although sometimes the police made the request, at other times it was
the editors who sought additional information and suggestions from the police on
whether to print the juvenile's name.[121]
A future study could focus on the relationship between Iowa newspapers and
local police departments to see just how closely newspapers cooperate with
police department suggestions about running specific items and how often
newspapers seek advice from the police about running names of juveniles.
A small number of editors questioned the Legislature's intent in passing S.F.
515. Shapiro of Waterloo said he ran the names of juveniles involved in serious
crimes because "it was the will of the Legislature that we run these
names."[122] Beck of Iowa City wondered why it should be the responsibility of
the media to serve as the deterrent to increased juvenile crime.[123] The
question they are facing is whether printing the names of juveniles involved in
crimes really serves as a deterrent. While the editors have many views on
whether they can deter crime with some publicity, even those who study that
carefully don't agree on whether the publicity can deter crime.
Other editors had concerns about having access to the disposition of a case.
And others were concerned about publicizing the youngster who made the only
mistake he was going to make in his life.
Although the editor's age and years of experience were not part of this study,
either, it seemed that editors with greater experience were less likely to use
the names of all juveniles. Some editors mentioned they remembered youngsters
over the years who did commit a small crime, but who then became good students,
received scholarships to college and ended up in good jobs. Those editors
wondered how that scenario might have changed if the paper had printed the
juveniles' names.
The change in the law had not yet been in effect for six months at the time of
this study, so it is too early to tell how many newspapers will change their
policies and what direction those changes will take them. Some newspapers that
have continued a policy of running only the names of those involved in serious
crimes are just now beginning to think about a new policy for their newspapers.
Another area for possible future study would be the link between local media
coverage of juvenile crime and a state legislature's actions in toughening up
juvenile laws, as suggested in the Feld article. A Lexis Nexis search for this
paper revealed numerous editorials from newspapers across the country calling
for passage D on either a state or national level D of legislation that
increases access to the juvenile justice process. Few editorials said there was
already too much access.
And yet another area to watch is the juvenile crime statistics. All accounts
show them increasing dramatically between 1985 and 1995. But the recent reports
have juvenile crime statistics leveling off. Will that affect state legislatures
that are still considering increased access to juvenile records? Will that
affect some of the newspapers' policies on running juvenile crimes?
What about access to the juvenile records? Will that become more standardized?
The newspapers across the state have access to these records that ranges from
total to nonexistent. One editor said he may seek an attorney general's opinion
because the police in his community will not release names while those in
surrounding counties do.[124] The change in this law has also made many editors
more aware of the access they have had to juvenile court records in recent
years, although they had not been pursuing those records.[125]
One concern is that some newspapers have not pushed for greater access, even
though they may not choose to use that information. Perhaps they feel that
because they did not push for the law, they will not grant the access it allows.
Or perhaps some editors are quite willing to let the law enforcement agencies
across the state set the boundaries for this change in the law.
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[1] 1997 Iowa S.F. 515.
[2] Ibid.
[3] Thomas A. Hughes, "Opening the Doors to Juvenile Court: Is there an
Emerging Right of Public Access?" Communications and the Law, 19, no. 1 (March
1997): 1-50; Privacy and Juvenile Justice Records: A Mid-Decade Status Report, A
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[4] Uniform Crime Reports, 1996, 1997, Federal Bureau of Investigation,
Washington, D.C.
[5] Gov. Terry Branstad, speech, "Governor's Program to Combat Youth Violence
and Juvenile Crime," (Dec. 16, 1996):
www.state.ia.us/government/governor/juvee.htm.
[6] In re Gault et al, 387 U.S. 1, 14. (1967).
[7] In the Interest of M.M.G., a minor child, State of Iowa Appellants, 564
N.W.2d 9, 10; 1997 Iowa Sup.
[8] Gault, 15.
[9] Arthur R. Blum, "Disclosing the Identities of Juvenile Felons: Introducing
Accountability to Juvenile Justice," Loyola University Chicago Law Journal 27
(Winter 1996): 349, 352.
[10] Gault, 16.
[11] Gault, 80.
[12] Blum, 358.
[13] Privacy and Juvenile Justice Records, U.S. Department of Justice.
[14] Gault, 15.
[15] Blum, 360.
[16] Blum, 363.
[17] Blum, 359.
[18] Blum, 351.
[19] Gault, 26.
[20] Julian W. Mack, "The Juvenile Court," Harvard Law Review 23 (1909): 104,
107.
[21] Janet E. Ainsworth, "Re-Imagining Childhood and Reconstructing the Legal
Order: The Case for Abolishing the Juvenile Court," North Carolina Law Review 69
(1991): 1083, 1099.
[22] Mack, 120.
[23] Gault, 24.
[24] Gault, 24.
[25] Gault, 24-25.
[26] Mack, 109.
[27] Paul R. Kfoury, "Confidentiality and the Juvenile Offender," New England
Journal on Criminal and Civil Confinement 17 (1991): 55, 56.
[28] Kathleen M. Laubenstein, "Media Access to Juvenile Justice: Should Freedom
of the Press be Limited to Promote Rehabilitation of Youthful Offenders?" Temple
Law Review 68 (1995): 1897.
[29] Ibid., 1898.
[30] Blum, 368.
[31] Anne Rankin Mahoney, "The Effect of Labeling Upon Youths in the Juvenile
Justice System: A Review of the Evidence," Law and Society Review 8. (1974):
583, 584.
[32] Laubenstein, 1903.
[33] Ibid.
[34] Ibid., 1904.
[35] Ibid.
[36] Ibid., 1905
[37] Ibid.
[38] Anne Bunz, legislative liaison for the Youth Law Center in Des Moines,
Iowa, telephone interview by author on October 22, 1997.
[39] Ibid.
[40] Ibid.
[41] Ibid.
[42] Laubenstein, 1902, 1907.
[43] Blum, 368.
[44] Ibid., 368, 369.
[45] Kfoury, 56.
[46] Gordon A. Martin Jr., "The Delinquent and the Juvenile Court: Is There
Still a Place for Rehabilitation?" Connecticut Law Review 25 (Fall 1992): 57.
[47] Lee E. Ross, "The Relationship Between Religion, Self-Esteem and
Delinquency," Journal of Crime and Justice 19 (1996): 195, 201.
[48] George Bundy Smith and Gloria M. Dabiri, "The Judicial Role in the
Treatment of Juvenile Delinquents," Journal of Law and Policy 3 (1992): 347,
368.
[49] Blum, 399.
[50] Kfoury, 57.
[51] "The Public Right of Access to Juvenile Delinquency Hearings," Michigan
Law Review 81 (1983): 1540, 1558.
[52] Blum, 399.
[53] Kfoury, 57.
[54] 415 U.S. 308 (1974).
[55] Ibid., 320.
[56] 430 U.S. 308 (1977).
[57] 443 U.S. 97 (1979).
[58] Ibid., 100.
[59] Ibid., 104.
[60] 457 U.S. 596 (1982).
[61] Ibid., 607.
[62] Ibid., 608.
[63] Blum, 376.
[64] Jeffrey A. Butts, Ph.D, "Delinquency Cases Waived to Criminal Court,
1985-1994," Office of Juvenile Justice and Delinquency Prevention (February
1997): www.ncjrs.org/txtfiles/164265.txt.
[65] Ibid.
[66] "Juvenile Arrests 1995," U.S. Department of Justice, Office of Justice
Programs, Office of Juvenile Justice and Delinquency Prevention (February 1997):
www.ncjrs.org/txtfiles/16381.txt.
[67] Butts.
[68] "Crime Index Arrest Trends 1992-1996," Federal Bureau of Investigation,
www.fbi.gov/ucr/arr92964.pdf.
[69] Barry C. Feld, "Violent Youth and Public Policy: A Case Study of Juvenile
Justice Law Reform," Minnesota Law Review 79 (May 1995): 965.
[70] "Portions of Crime in the United States 1996," (Oct. 4, 1997):
www.fbi.gov/pressrel/ucr/ucr.htm.
[71] Butts.
[72] Privacy and Juvenile Justice Records."
[73] Ibid.
[74] 1997 HI H.B. 1427, 1997 ID S.B. 1018 and 1997 NM H.B. 767.
[75] Loretta J. Stalans and Gary T. Henry, "Societal Views of Justice for
Adolescents Accused of Murder: Inconsistency Between Community Sentiment and
Automatic Legislative Transfers," Law and Human Behavior, 18, no. 6 (December
1994): 675, 692.
[76] Ibid, 675-696.
[77] 1979 Iowa AG Lexis 35, 1; 1979-80 Op. Atty. Gen., Iowa 413. However, in
response to a question about the initial complaint on a juvenile being part of
the public record, the Attorney General's Office issued an opinion that said
"juvenile court records in cases alleging delinquency are public records, and
since complaints are part of the official juvenile court records, initial
complaints on juveniles are public records."
[78] E-mail correspondence with Rep. Jeffrey Lamberti, January 26, 1998.
[79] Ibid.
[80] Ibid.
[81] Ibid.
[82] Branstad speech.
[83] Thomas A. Fogarty and Dawn Bormann, "Tough line on youth crime," Des
Moines Register (Feb. 7, 1997): 1.
[84] Branstad speech.
[85] Section 232.19 new subsection 4, Iowa Code 1997. Section 232.147 of the
Iowa Code deals with the confidentiality of juvenile court records.
[86] Section 232.28, subsection 10, Iowa Code 1997. Before it was amended, this
subsection had specified that offenses ranging from aggravated misdemeanors to
felonies would be a public record.
[87] Section 701.2, Iowa Code 1997
[88] Section 701.7, Iowa Code 1997.
[89] Section 701.8, Iowa Code 1997.
[90] Section 232.149, subsection 2, Iowa Code 1997. It says: "Records and files
of a criminal or juvenile justice agency concerning a child involved in a
delinquent act are public records, except that release of criminal history data,
intelligence data, and law enforcement investigatory files is subject to the
provisions of Section 22.7 and chapter 692 and juvenile court social records, as
defined in section 232.2, subsection 31, shall be deemed confidential criminal
identification files under section 22.7, subsection 9. The records are subject
to sealing under section 232.150 unless the juvenile court waives its
jurisdiction over the child so that the child may be prosecuted as an adult for
a public offense." Section 22.7 is the confidential records section of Iowa's
open records law.
[91] Robin Delaney, editor of the Daily Democrat in Fort Madison, Iowa,
telephone interview by author November 7, 1997.
[92] Jim Stern, editor of the Marshalltown Times-Republican, Marshalltown,
Iowa, telephone interview by author November 5, 1997.
[93] Jennifer Hughes, news editor of the Anamosa Journal-Eureka, Anamosa, Iowa,
telephone interview by author November 10, 1997. However, her newspaper is not
always clear on what age the juvenile is. An item on page 3 of the Thursday,
October 23, 1997, issue of the Anamosa Journal-Eureka concerned some vandalism
to a local school. The last paragraph said, "Arrested were Judson Paul Barnes
and juvenile Nicholas L. DeCoteau, both of Anamosa."
[94] Lori Nillers, editor of the Daily Freeman Journal in Webster City, Iowa.
Telephone interview by author November 10, 1997.
[95] Mark Bowden, managing editor of The Gazette, Cedar Rapids, Iowa, telephone
interview by author November 3, 1997.
[96] Larry Smidt, editor of the Fort Dodge Messenger, Fort Dodge, Iowa,
telephone interview by author November 3, 1997.
[97] John K. Hall, publisher of the Times Plain Dealer in Cresco, Iowa,
telephone interview by author November 7, 1997.
[98] John Smalley, managing editor of the Mason City Globe Gazette, Mason City,
Iowa, telephone interview by author November 5, 1997.
[99] Bowden, interview.
[100] Saul Shapiro, editor of the Waterloo Courier, Waterloo, Iowa, telephone
interview by the author October 24, 1997.
The Courier's policy says, "The law states the names of those 10 and older are
public record, regardless of the charge.
"Although the law will allow the Courier to print any juvenile arrest record,
the Courier will use some discretion in the Daily Record. The names of juveniles
10 and older will be published only if the charge is consistent with those
printed for an adult." Among the charges they will print would be assault,
operating a motor vehicle while intoxicated and fourth-degree theft. In
addition, reporters are expected to follow the juvenile cases and print the
outcomes in their court log.
[101] Bowden, interview.
[102] Unpublished poll on use of and access to juvenile names, conducted in
late November and early December 1997 by the Iowa Associated Press Managing
Editors; telephone interviews with editors.
[103] John Sloca, editor of the Mt. Pleasant News, Mt. Pleasant, Iowa,
telephone interview by author December 3, 1997.
[104] Bowden, interview.
[105] Rex Troute, editor of the Iowa Falls Times-Citizen, Iowa Falls, Iowa,
telephone interview by the author November 7, 1997.
[106] Julie Dinville, news editor of the Shenandoah Valley News Today,
Shenandoah, Iowa, telephone interview by author November 7, 1997.
[107] Larry Myhre, editor of the Sioux City Journal, Sioux City, Iowa,
telephone interview by author October 27, 1997.
[108] Brian Cooper, editor of the Dubuque Telegraph Herald, Dubuque, Iowa,
e-mail interview by author October 27, 1997.
[109] Unpublished APME poll.
[110] Gerald Blue, editor of the Fayette County Union, West Union, Iowa,
telephone interview by author November 7, 1997.
[111] Troute, interview.
[112] Doug Rossell, editor-at-large for the Atlantic News Telegraph, Atlantic,
Iowa, telephone interview by author November 3, 1997.
[113] Larry Kershner, news editor of the Mitchell County Press-News, Osage,
Iowa, telephone interview by author November 10, 1997.
[114] Brooks Taylor, editor of the Washington Evening Journal, Washington,
Iowa, telephone interview by author October 13, 1997.
[115] Mike Beck, managing editor of the Iowa City Press-Citizen, personal
interview by author, Iowa City, Iowa, October 31, 1997.
[116] Fred S. Siebert, Theodore Peterson and Wilbur Schramm, Four Theories of
the Press, University of Illinois Press, (1956).
[117] Lamberti, e-mail correspondence.
[118] Randall Larimer, publisher of the Bedford Times-Press, Bedford, Iowa,
telephone interview by author November 7, 1997.
[119] Bunz, interview.
[120] Bill Monroe, executive director of the Iowa Newspaper Association, Des
Moines, Iowa, telephone interview by author October 2, 1997.
[121] Jeff Oakley, editor of the weekly Audubon County Advocate Journal,
telephone interview by author October 24, 1997. Although he said his paper
prints all names of those 16 and over, a police item on page 6A of the Friday,
October 17, 1997, Audubon County Advocate Journal had said "A 16-year-old Kansas
male was arrested Oct. 7 and charged" with several charges, including taking a
motor vehicle without the owner's consent. The youngster had been referred to
juvenile court. Oakley admitted that this item was an exception to his rule of
printing the names of those who are at least sixteen. He said that he has great
access to police records, and that he did know the identify of the youngster in
question, but local police had explained additional circumstances surrounding
the incident and had asked him not to print the name.
[122] Shapiro, interview.
[123] Beck, interview.
[124] William Mertens, editor of the Burlington Hawk Eye, Burlington, Iowa,
personal interview by author, Iowa City, Iowa, November 18, 1997.
[125] Unpublished APME poll.
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