Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-02-14
Policy Order
On Juvenile
Arrests Likely
: Chief Doesn't Won't
Discretion Over
Keeping Cases Secret
A-12 THE SUNDAY STAR
"** Washington, D. C.
SUNDAY, FEBRUARY IA, 1854
By Miriom Ottenbero

that the chief of police can de-
eide whether or not to make ar
rest records public may prompt
a COMMISSIONERS ruling or even
q request for legislation, it was
indicated last night.
Specifically at issue are rec
ords of juvenile arrests, now open
to public inspection. Corpora
ton Counsel Vernon E. West
ruled late last week that 1.-The
chief of police has discretion to
determine whether records of ar
rest shall be open to public in
spection and. if so, to what ex-
tent"
Chief of Police Robert v.
Murray doesn't want the discre-
ton. He said he did not believe
that any chief of police should
be put in the position of decid-
ing what records should be kept
secret.
Wants Commissioners Order.
On that score, Commissioner
Samuel Spencer agreed. He said
he thought the question as far as
juveniles are concerned should
be settled by an order from the
Commissioners.
But since the police chief,
under Mr.. Vests ruling, would
also have discretion in adult
cases, Commissioner Spencer
said he wasn't sure it was de-
sirable for the Commissioners
to have the discretion either.
He said he wanted to find out
what is done in other juriSdic-
tons but he thought it might
be a good idea to get legisla-
ton making it clear that arrest
records should be made public
in all adult cases.
Once past the new question
of discretion, Chief Murray and
Commissioner Spencer differed.
Chief Murray believes police
should continue to make juvenile
arrest records open to public
inspection. Commissioner Spen-
Ger believes police should keep
juvenile arrest records confiden-
tial.
Spencer Favors Being Consistent.
Here is the thinking of the two
officials:
Keeping juvenile arrest rec
ords secret is simply carrying
out the concept of the Juvenile
Court Act" said Commissioner
Spencer. IF the concept is valid
in connection with court records,
It is valid in connection with
police records. 81.
rThe general interest in keep
ing police records public is over
Swallowed by other considera-
tions. I think it is bound to
keep Juvenile Court records con-
fidential and that principle has
been generally accepted. Once
we accept that, we should be
consistent and keep police ar
rest records of juveniles conf
Dental, too"
He said he was not basing his
attitude on the theory that police
could get information from Juve-
nile Court on dispositions of their
cases. once police started making
a secret CT juvenile arrest rec
ords.
II believe the juvenile arrest
records should be kept conf1den-
tial and that the court should
give its dispositions to the police.
but I do not think the two are
tied together" the Commissioner
said. If the Corporation Coun-
sci had said that juvenile arrest
records must be made public, I
would still feel that the court
should give police the informa-
ton on dispositions. These are
two separate things"
He said he wanted to explore
the whole thing further before
recommending to the other Com
missioners an order, a request for
legislation or both.
Murray To Await Order.
Chief Murray said he will con-
tinue his present policy of keep
ing all arrest records public until
he is directed to do otherwise by
the Commissioners or Congress.
"Mr. West says I have the
authority to open or close these
records" he said. II think the
law should spell out what police
should do in juvenile cases.
II believe the public interest
must be considered. I can see
that it might not be desirable to
make public arrest record in
the case of a very young child
who has committed a minor
oftense. I can also see that if a
16 or II year old committed a
major crime. his case could be
waved to District Court ard his
record made public then. But
what about the 15-year- on
whom there cannot be a waiver?
Everyone, including the po-
lice, has gone too far in a de-
sire to protect juveniles and I
think some of them have taken
advantage of that fact. 1 think
a l5-year-old who has COM
mitted a very serious crime
might take advantage of the
fact that his name would never
appear on public record"
Chief Murray said he thought
the questions of making arrest
records secret, of Juvenile Court
giving police its dispositions and
of changes in the waiver power
are all lnter-allied and all three
should be decided together be-
fore he changes his policy.
If the juvenile arrest records
were kept secret, he said, the
public would have no way Of
knowing If an arrest had been
made to solve a major crime
any more than they now know
what happens to a juvenile once
he goes to Juvenile Court.
.