Assignment II: Ethics I

Assignment II: Ethics I 

The dilemma centers on the ages of the children being prosecuted. One side will say that the children are too young to be named. As children, they have a right to privacy not enjoyed by adults. In most state law (and I think the Public Information Act) children tried as juveniles can’t have their names released. Because these are being charged in a juvenile court, they have certain rights to privacy. Also, as the investigation is ongoing, the police can’t legally release the names of the children in question. 

The other side will say that since the names have already been released by that blogger, and then confirmed by your research, you should release them. According to the SPJ COE, reporters should seek truth and report it. Here, you have sought the truth, and now have the opportunity to courageously inform the public. Since the prosecutor is planning on prosecuting them as adults anyway, you can release the names as they will not be shielded under the PIA and law after the trial. Releasing the names would also be profitable for your paper in ad revenue and notoriety. 

I’ll get into both sides a bit more in my justification. 

The problem here is the children may be tried as adults. I read a bit about how juveniles are tried as adults ( http://criminal.findlaw.com/crimes/juvenile-justice/when-minor-commits-crime.html ), and they have to go to juvenile court first. If they have been charged, but not appeared in court for prosecution, then they are still minors, and not yet tried as adults (even if the prosecutor said she will). 

I don’t think there are many alternatives, you either release the names and pictures or don’t. You can either release a story without the names or with them. Perhaps I’m not thinking creatively enough, but I don’t see any feasible compromises with this issue. Maybe you could release the names but get the children’s side of the story, however I don’t think any defense attorney in their right mind would let a reporter do that.

I would not release the names of the children. The paper could legally produce the names of the minors if they have been released on a blog and confirmed by police. As long as you attributed that information to the correct sources, the paper couldn’t be held libelous or legally liable. According to the SPJ code of ethics, you’d be producing truthful information in your story. It would also be very profitable for your paper to release information on what is sure to be a national story. However, neither the fiscal benefits nor the narrow ethical debate make releasing the information moral (in my opinion). By releasing the names and pictures of minors that have not been fully prosecuted in the court of law, you are ruining their right to a fair trial, especially in a small community. If defendants are to be evaluated by a jury of their peers (usually people from their area/background which is a very small town in this case), the impartiality of any jury selected will be tainted by your story.  Releasing the minor’s names in a small town might create retribution for their families before a guilty verdict has been given. If the children turn out to be innocent, your article may harm their reputation permanently. In this case, I think you have a duty to the legal system, which will protect the rights of the children and create a fair trial. According to the SPJ code of ethics, we should minimize harm:

“Be cautious about identifying juvenile suspects or victims of sex crimes.

Be judicious about naming criminal suspects before the formal filing of charges.

Balance a criminal suspect’s fair trial rights with the public’s right to be informed.”

That last one in particular is what I was trying to get at earlier. If you release the names, it will disturb the judicial process for those children. You can give plenty of information to the public without ruining the right to a fair trial for the kids.