714 A.2d 735 | Conn. Super. Ct. | 1998
Two juveniles, Humberto N. and the respondent, James B., Jr., allegedly caused a fire which resulted in damage to the property of the D.F. Bedient Company (Bedient). At the time of the fire, the petitioner, American Hardware Insurance Group (American), was the property insurance carrier for Bedient. As a result, American has paid approximately $300,000 to its insured, Bedient, for the fire damage. Additionally, American has filed a civil action in federal court against the juveniles and, claiming to be a victim,1 has also filed a motion for release of both juveniles' records.
In an adult criminal case, the victim has access to the "record"3
of the case on file with the court clerk's office. This file is a public record and, therefore, any person can make copies of its contents. Traditionally, in the juvenile court, the file of a delinquency case was held to be confidential and not a public record. Thus, neither the victim nor the public had access to the contents of the record on file with the juvenile court. With §
Section
There is one document typically contained in the prosecutor's case file, however, which may be open to disclosure to the victim. This is the police report. Typically, police reports regarding delinquency have been held confidential from disclosure to the victim and to the public. Yet, in adult proceedings, the victim, or the public for that matter, can receive a copy of any relevant police reports by simply requesting one from the police department.
It may be argued that since the victim of a juvenile crime is to receive the same access as a victim of an adult criminal act, the victim in juvenile court should be able to request and to receive a copy of the police report from the prosecutor. See Collins v. Carbee, Superior Court, judicial district of New London at New London, Docket No. 529623 (June 28, 1995) (
A victim may make the argument that it should have access to all juvenile records given that §
If any documents are released to a victim, the court should be certain that they do not contain any privileged material. Pursuant to statute in Connecticut, certain communications are privileged from disclosure absent consent to disclose, or an exception permitting disclosure. See, e.g., General Statutes §
The victim of a delinquent act has the right to be notified of and to receive information regarding the procedural posture of the case as it proceeds through the juvenile system. Additionally, the victim has access to the "record" of the case on file with the court clerk's office, and can make copies of its contents. More specifically, the victim will have access to the delinquent's name and address, and may have access to the names and addresses of the juvenile's parents. The victim does not, however, have a right to the release of any and all information contained in the prosecutor's case file, except perhaps for the police report or for any other document in which the victim has shown a legitimate interest. Privileged material contained in documents set to be released to a victim, therefore, must be deleted from the documents prior to such disclosure, unless there is consent to the disclosure or an applicable exception permitting disclosure.