53
Publicity
|
Press releases and other publicity identifying the juvenile
directly or
indirectly are not permitted under 18 U.S.C. § 5038, unless and
until the
juvenile is transferred by the court to adult status. See
United
States v. A.D., 28 F.3d 1353 (3rd Cir. 1994)(publicity
limitations
discussed). A juvenile may be arrested on a warrant issued either
on a complaint
or a juvenile information. Where arrest is not needed, the court
may be asked
to issue a summons on the complaint or information. In either
case, it is
advisable to have the complaint and/or information placed under
seal by the
clerk's office to avoid public disclosure of the juvenile's
identity. Cf.
Horn v. Madison County, 22 F.3d 653 (6th Cir. 1994)
(discussing personal
liability if violation of juvenile defendant's rights was proximate
cause of
injury).
If a person is belatedly determined to be a juvenile (after
publicity or
indictment) and if a hearing on a motion to transfer|B251 the
juvenile to adult
status is not imminent, consider whether there are steps you can
take to minimize
further publicity.
[cited in Criminal Resource Manual 48] | |