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Recent Court Cases and Public Opinion
Public access to court cases has made us all privy to other people's lives.
Let's understand the negative impact this access may have on people involved in
court cases so that we may be more sensitive of the information that we come
into contact with.
Recent court cases are generally more sensitive in nature, in the same way
that contemporary news is. The facts are more intriguing and, therefore, elicit
stronger emotions and more intense public opinion.
This tension may be the reason why many states restrict public access to court
cases. That is, divulging their details may negatively impact the lives of the
people involved in a dispute. This ‘protection’ becomes especially crucial where
minors are involved, as in a heated custody battle, where divulging details can
be traumatic to the children involved.
State restrictions may be in the form of sealing court records for a significant
period of time, deletion of certain portions of the records (especially data
that may be used for fraud), and limiting access only to individuals who can
prove their eligibility for viewing the records.
Why Access Must Be Restricted in Some Recent Court Cases
Recent court cases are also potent sources of added tension that already exists
between private and transparent government policies regarding public records. On
the one hand, we have the Privacy Act of 1974, while on the other we have the
Freedom of Information Act.
Although their application is restricted to federal units, Freedom of
Information tends to be the “default” policy and it can encompass so many
sources of data as to make any restriction virtually nonexistent.
Moreover, the data gathered from court records are used in so many unsettling
ways, far from the intentions for which Freedom of Information was designed.
Some information has been used to vilify people in public (especially when they
are famous) in the guise of press freedom. Data has also been used for
commercial purposes by companies who send unsolicited mail to individuals
perceived to be captive markets for their products.
Where Access May Be Restricted
Court cases comprise, among other records, orders, rulings, transcripts, and
even the calendar of proceedings. All these records are open, unless the federal
government or the state outlaws access, or when the court grants a petition to
seal the records.
In general, however, court records from the following are restricted.
• adoption cases
• cases involving minors who are not the offenders
• substance abuse cases
• psychiatric evaluation or commitment
• paternity suits (except for the final ruling)
• name-change petitions (as in witness protection)
The most restrictions are found in cases of family law, such as divorce,
retirement, domestic violence, and incest or sexual abuse cases.
Recent court cases, therefore, are less about the public's right to know and
more about the lives of the people who have to live with the fallout from public
opinion.
So when you research court cases, do be mindful that the ‘story’ you read and
the people involved are REAL and take the necessary precaution to not exploit
the information you have learned.
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Ready to conduct your own recent court case search? Visit
RecordsSiteReviews'
court records section for a list of today's top
providers.
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