Comparative Study of the Release of Information on Juvenile Cases between Japan and the United States

在美国，在强硬运动下，公开青少年的身份一直是一种强烈的趋势。这本书常常是报界出逃所要求的。鉴于媒体服务于公众知情权的功能，公布这些身份作为惩罚性制裁是不合理的。此外，青少年的身份不是公众关注的正当问题，因为他们不是“公众人物”。因此，公布自己身份的人应该承担诽谤或侵犯隐私的责任。在美国，向公众开放青少年法庭听证会是另一种诱人的趋势。这一趋势也与强硬运动有关。少年的正当程序或公众对少年司法的问责都要求举行公开听证。但是，作为正当程序的一项要求，少年理解和参与法庭程序并陈述自己的意见是必不可少的。少年法庭需要非公开听证，才能使少年参与自己的法庭程序以及保护隐私。此外，成人刑事法庭公开的对抗式审判与少年参与诉讼本质上是不一致的。在民主社会中，问责是最重要的。少年司法可以通过提出处理少年案件的明确和令人信服的理由或促进公民参与少年司法等方式向公众负责。

In the United States, there has been a strong trend of publicizing the identities of Juveniles under the get-tough movement. The publication is often required by flee of press. The publication of the identities as punitive sanction is not justified in the light of the function of media that is to serve the right to know of the general public. Additionally identities of juveniles are not legitimate concern of the general public because they are not "public figure". Therefore, the person who publicize their identities should be liable for defamation or invasion of privacy.There has been another sting trend of opening the juvenile court hearings to the general public, in the United States. This trend is also related to the get-tough movement. Open hearings are required by due process for juveniles or accountability of juvenile justice for the general public. But it is essential as a requirement of due process for juveniles to understand and participate in the court proceedings and state their own views. Private hearings in juvenile courts are required in order for juveniles to participate into their own court proceedings as well as by protection of privacy.Additionally open adversarial trials in adult criminal courts are essentially inconsistent to participation of juveniles into the proceedings. Accountability is most important in a democratic society. Juvenile justice can be made accountable to the general public by ether ways such as presenting clear and convincing reason for the disposal of juvenile cases or promoting citizens' participation into the juvenile justice.