An Overland Park reader raised an interesting question recently. He wrote:
Recently you ran a story in Johnson County about two youths that had been setting fire to cars in an apartment complex. While I in no way condone the behavior of these boys, if they did what the story said, I was very surprised that The Star printed their names, since they are 15 years old and still considered juveniles. Please explain to me why their names were printed and what The Star’s policy is on printing names of juveniles that are arrested in connection with crimes.
This is an excellent opportunity to discuss what the law says and how The Star responds.
The Star often runs noncrime, noncontroversial news and feature articles concerning children. Whether it seeks permission from parents or guardians depends on the type of story, the circumstances and whether the child is interviewed or photographed in a public place (such as in the mall or on the street, for example).
However, standards must be held to a higher level when the names or images of children are run in connection with a crime either as suspect or victim.
Standards also must correspond with the law, and the law is different in Missouri and Kansas.
In Kansas, officials release the names of juveniles age 14 and older. At the judge’s discretion, the name of a suspect younger than 14 also can be released, according to Paul Morrison, Johnson County district attorney.
In Missouri, the age is 17.
Jackson County assistant prosecutor Phil LeVota points out that some juveniles are certified to be tried as adults.
Once they have adult certification hearing, he said, we review that case just like a 17-year-old, and we release the name.
The Star’s policy is to follow the law, with considerable discussion. Although The Star can run the names of juveniles age 14 and older in Kansas, it doesn’t always. It often depends on the nature of the crime, say, a rape or assault. The Star uses a set of criteria to come to a decision:
Is it a crime of violence?
Is it a felony?
Is it a notorious misdemeanor a crime so unique that identification seems warranted?
In the case of the auto arson story, the boys were charged with three felony counts of arson for setting fire to cars, but that wasn’t the only reason editors opted to use the names.
Michael Nelson, an assistant managing editor at The Star, said that the actions could have resulted in more than property damage.
There could have been a life-threatening explosion, he said.
What about when the child is not the suspect, but rather the victim or accuser?
Much has been made of the accusations against Michael Jackson of child molestation, for example. CNN has used footage that indirectly identifies the boy, and Newsweek has described the circumstances surrounding the boy to such a degree that the same could be argued.
Most newspapers and mainstream wire services refuse to identify living juvenile victims, The Star included. There is no law against naming a victim, but many editors avoid it.
Also, court documents may hide child victims’ identities.
There’s a presumption of confidentiality that permeates (the handling of) juveniles. You don’t want to stigmatize victims any more than they are, Morrison said.
The publication of articles or images that concern children is a delicate one. Parents should be protective of their children. However, children who commit crimes face penalties, and one is to be publicly identified if they are over a certain age.
Still, editors must use judicious care in deciding when and how to name kids, especially if guilt hasn’t been proven.
The discussion won’t end anytime soon.
