Disclosing witness names in criminal trials

In a murder trial just getting underway in Albany, New York, the District Attorney asked the media agencies covering the case to refrain from using names of some of the witnesses - mostly children. The prosecutor's request was based on the belief that the "don't snitch" culture of gangs could jeopardize the case.

This is a conversation I have with prosecutors on a pretty regular basis. We are often asked to withhold names of witnesses for various reasons, including witness intimidation issues, safety concerns and privacy. It's a difficult decision many news rooms must grapple with, as it pits our First Amendment rights and the public's right to know in direct conflict with the well-being of people or justice.

Sometimes, witnesses don't understand that their names are fair game when on the record, and that causes problems after a story is printed.

We never use names of sexual assault victims without direct permission, and do take extra precautions when writing about children involved in crimes.

That being said, we do weigh our decisions on a case-by-case basis. Know that our intent, as journalists, is not to make tragic situations worse for anybody. But we have a job to do, and we are constantly trying to balance our responsibilities with such issues in mind.