【摘要】 自少年法院创设伊始,美国少年司法长期秉承保密性原则而对未成年人前科记录予以封存,以避免给未成年人带来污名化后果。然而,随着各州未成年人前科记录封存呈松动趋势,部分原先严格保密并限制公布于众的前科记录,除了可向执法及司法部门开放外,亦可在一定条件下向被害人、学校及媒体开放。与此同时,依移送法律而从少年法院移送至刑事(成人)法院的未成年人,其先前少年法院记录亦可作为后者加重刑罚的考量因素之一。更多还原

【Abstract】 Since the creation of the juvenile court, American juvenile justice has long adhered to the principle of confidentiality and therefore keeps juvenile records sealed in order to avoid stigmatization of the minors. However, the principle that was strictly followed has become loose in many states. Some of the juvenile records that were previously kept strictly confidential and restricted to the public, have gradually opened to the victims, schools and the media, in addition to opening to law enforcement and judiciary. Meanwhile, if a juvenile offender is transferred to the criminal(adult) court, his or her previous juvenile court record may also serve as an aggravating factor for sentencing in the criminal court.更多还原