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Criminal Resource Manual

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]