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Iowa says to not hide serious juvenile criminal records
There may be some middle ground when it comes to keeping some juvenile court records private, as would be the case in a bill alive in the Iowa Legislature.
But when it comes to serious crimes – felonies of any kind – we believe the public has a right to know, for safety reasons if nothing else.
In North Iowa, juveniles have been convicted in several sensational murder cases.
Most recently, vivid memories were rekindled by a ruling in a Charles City murder case. Edgar Concepcion Jr., now 21, was 14 at the time of the murder of his cousin, Krystel Banes, in July 2009. He was sentenced to life in prison without the possibility of parole in November 2010.
But because of recent changes in the law regarding penalties for those convicted of serious crimes committed as juveniles, he recently was resentenced – this time to life in prison with the possibility of parole.
“Life with parole does not necessarily mean you are ever going to get out of prison,” District Court Judge James Drew told Concepcion during the resentencing hearing.
The Iowa Board of Parole will make that decision, the judge said, adding, “None of us has got a crystal ball.”
So, say a law like the one being proposed was in effect during the Concepcion case. And say he is eventually released. Should his records be kept from the public? Doesn’t the public have the right to know a convicted murderer is in their midst?
None of us has that crystal ball to know if it’ll ever happen, but if it does, it’s our opinion the public absolutely has a right to know, not for gossip reasons or to sell newspapers, but for public safety.
But that wouldn’t be the case if the bill in the Legislature is passed and signed by Gov. Terry Branstad, who tasked a work group last summer to examine potential criminal justice reforms.
As of 2014 nine states totally protected juvenile records while another 33 made only certain types available.
Proponents say minor offenses on juvenile criminal records can hinder an individual later in life from gaining employment or housing.
“It unduly harms children’s futures. It can keep them from getting jobs. It can hurt their prospects for college,” said Julie Smith, a lobbyist for the Middleton Center for Children’s Rights. “Once this information gets out, it’s really hard to pull it back.”
But what if the juvenile has a string of “minor offenses” on his or her record? Clearly, a pattern of behavior has been established. Who’s to say one person is dangerous while another isn’t? That’s why the public needs to know.
At a Statehouse hearing on the proposal to keep records secret, only media representatives opposed it. Their arguments were valid, such as by Lynn Hicks, opinion and engagement editor for The Des Moines Register, who said the bill “swings the pendulum too far” toward secrecy.
“There is a reason why the court system and juvenile system is open. It needs to remain transparent and accountable,” Hicks said.
We and our colleagues who believe the system should remain transparent will continue to monitor this legislation closely. We believe it’s important our communities know if there are potentially dangerous people among us. And we believe the public needs to know how and if the justice system is working.
In the meantime, we’ll give tacit support to a suggestion by Kelly Meyers, a lobbyist for the Iowa County Attorneys Association, who suggested the bill should exempt felonies.
We believe that’s the least Iowans should know — when and if there are potentially dangerous people among them.
We’re as willing as the next guy to believe in second chances. But not when it comes to violent crimes. That’s why we strongly oppose keeping juvenile criminal records confidential.
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