Legal Question in Criminal Law in Vermont
Rights of Minor Children in the press
My 15 year old son was cited by a local police officer for possession of tobacco, a criminal offense. 2 days later, his full name appeared in the police log of our local newspaper. My question concerns the legality of the paper printing my son's name. Everything else my child does requires my consent if not my signature, and this is one of those things I certainly would have liked to have a say in. He is a student and soon-tp-be job seeker, and I would have liked the opportunity to spare him the embarrassment of this occurence. I do not feel he should be held publicly accountable for his actions as a minor. I do, however, feel he should be held accountable to me, and to the laws of the state. I have no beef with the police department for citing him. Thank you for your time.
2 Answers from Attorneys
Re: Rights of Minor Children in the press
Different states have different requirements for protecting minors. Normally, there are different kinds of protection for different ages. Almost certainly the newspaper followed the law in disclosing your son's name. However, to be on the safe side, check with a local lawyer - you might start with the Public Defender's office.
Re: Rights of Minor Children in the press
As a former police chief, while your comments about "not having a beef" with the police are commendable, the department should have had a policy restricting the access of the press to the names of juveniles. A juvenile can only (except in the instance of certain violent felonies) be charged with juvenile delinquency, which is not a crime. While the press exercised poor judgement in printing the name of a juvenile, they have a right to do so, if they obtain the information.
Unfortunately, they should not have been given access to the juvenile's identity by the police.
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