If it was ok to release the info, then why did the judge last week destroy all the records for this case, preventing any further FOIA releases?
From what I understand, in most places (because both victims & abuser were under 18), nothing could be released-regardless of how old abuser was when the police were notified.
I’m not trying to argue; just sincerely curious. Laws can differ, of course, but most state laws regarding juvenile cases are pretty strict. I used to be a CASA volunteer, and there’s no way those records in those cases I was on could legally be released, whether or not they were sealed, and regardless of FOIA or not. Again, just curious.
I think the thinking in most states is that it is wrong to saddle an adult with a permanent stain regarding things he may have done before he knew better. Juveniles are presumed not responsible for themselves until they reach the age of maturity.
Most of these state laws are designed to protect people from exactly what has now happened to Josh Duggar. He will now suffer incalculable damage plus loss of income, etc. for something he did when he was very young.
I see him as having a cause of action against everybody involved in this, and I hope he sues them into bankruptcy, and most especially any governmental authorities that collaborated in releasing obviously salacious details of a matter which occurred while he was a juvenile.
That's a good question. Since the matter never reached a court, what authority does the/any judge have to order the records destroyed? The judge refuses to say why the order was issued.
From what I understand, in most places (because both victims & abuser were under 18), nothing could be released-regardless of how old abuser was when the police were notified.
"In most places" might be correct. But public records laws differ from state-to-state. In Arkansas, apparently these particular records can be released because Josh was an adult when his perversion came to light.
Laws can differ, of course, but most state laws regarding juvenile cases are pretty strict.
Indeed. Juvenile court cases. This matter never went to court so controlling law is whatever laws apply to the release of police records. Names & pronouns were redacted, as is required under Arkansas law.