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Opinion: Another viewpoint: Sealing juvenile records not in public's interest

City officials think we have a gang problem. It’s more like we have a delinquent teenagers problem that festers, becoming an adult felon problem. This is one of the many reasons the New Mexico Supreme Court should not seal juvenile records.

The Court has already closed them but is allowing new input until Thursday about its action.

Ironically and frustratingly, juvenile court proceedings are still open. However, without documents, the public is lost watching two lawyers argue.

Since charges aren’t public, there’s no telling what the lawyers are arguing, and witness testimony must be deciphered over long periods of time to try to assign logic. That’s no way to report a factual story.

The Court seems convinced that what they call youthful offenders are unfairly shackled with minor miscues as teens. Small things like shoplifting, unruly public behavior or drug/alcohol possession keep these fine young citizens from later in life obtaining gainful employment or a military career.

What the Court is avoiding is the slippery slope teens who youthfully offend seem to slide down quickly, with little or no regard for the public. The juvenile records of these teens need to be open, publicly scrutinized and discussed.

Let’s take a look at accused murderer Mark Hice. What follows is Hice’s adult rap sheet in order from oldest offense to the most recent. His history on the district court data base does not go back earlier than 2015 because he was a juvenile and those documents are now closed.

Beginning in 2015: speeding, fishing without a license, no driver’s license, insurance, registration; false imprisonment, battery, driving on a suspended license (twice), driving under the influence, possession of marijuana or synthetic cannabinol, speeding/no driver’s license, speeding (four in two years), murder.

These do not include charges that were never filed against Hice.

Hice’s brief life of crime begins innocently enough with a charge for no fishing license. On the surface it sounds pretty harmless. He was two months shy of his 19th birthday. The pattern that follows his speeding and fishing problems are what should have been identified in his juvenile record, to which we aren’t privy.

Hice wasted no time moving from fishing issues, to alcohol/drug problems while driving, to hitting someone, then losing his license and still driving and a quick jump to being charged with homicide.

While the list for the most part is nonviolent, it shows a clear pattern of Hice’s lack of regard for the law.

If he caught all of those charges, except the homicide, while under the age of 18, they would be kept secret. Yet they say so much collectively.

Some states have compromises with sealed juvenile records. One state seals the record(s) for two years and if the juvenile does not re-offend, it remains sealed forever. Another seals the records until the offender is 18 and then it’s reviewed. If he or she behaved, they’re in the clear.

This secrecy problem isn’t all the public’s either. Juveniles would benefit from open records. What if you’re in a car with another juvenile who fires a handgun in the air and you get charged with the unlawful discharge? If you’re wrongfully accused, outside of court, you can’t plead your case in public. None of the documents are open.

Let’s say you did fire the handgun and a judge sentences you to 100 hours of community service and two years supervised probation. Is that fair? You can’t look at other juvenile offenders with similar charges to find out what the norm is. No, your lawyer can’t either. You’re both blind.

The Española City Council fears that gangs are prevalent in the Valley. This is not the case, but there is that perception because the number of juvenile offenders on many different charges is increasing per capita.

Youth here have a lot of problems stemming from poverty, exposure to domestic violence, drugs and alcohol and lack of opportunity. Most overcome those problems and go on to lead productive lives. But those who can’t overcome life’s obstacles, the Mark Hices of the world, start down that path at a younger age and become more violent, more quickly.

Blame it on video games or violent movies, but it’s real. The mass shootings, and the hundreds of shootings annually that don’t rise to the definition of mass shooting, are increasing rapidly. Many of these are by teens or those barely out of their teens.

A focus on these juvenile records could lead to curbing this problem. Enforcing current gun laws or implementing new ones won’t address it. Armed guards won’t address it. “Thoughts and prayers” won’t address it.

We need to start looking at mental health problems at a young age and address them. But hiding those early problems with the law from the public by sealing records will make secret a host of sins.

A mentally balanced person won’t seek guns legally or illegally and coordinate and carry out a mass shooting. Knowing that person is out there at a younger age gives us more opportunity to address the problem.

Sealing juvenile records leaves the public in the dark and the offender with fewer options.

— Rio Grande Sun

 
 
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