JUVENILE CURFEWS
Issues.
Definitions of terminologies used.
Conclusions and inferences made on the issue.
Evidence and facts on conclusions made
Analysis of evidence used to make conclusions
1
Placing a juvenile curfew or specific rules that children under the age of 18 years of age has been a long going argument and is a topic with great opposing views. In this presentation we will look at the issues, go over the definitions for some of the common terminology and look at both sides of the arguments with supporting evidence for both.
1
The Argument: Should there be a legal curfew and driving restrictions to those under 18?
Definitions
legal curfews: laws that legally limit or prohibit ones ability and right to enjoy certain state of affairs as he was used to.
juvenile curfews: are passed in state and local levels to limit or prohibit persons under 18 from enjoying certain privileges.
restriction: to deny access to or prohibit.
issue is very controversial as its constitutionality is often contested under 1st, 4th,5th, 9th and 14th amendments that protect individuals fundamental rights
2
The first term is legal curfews: laws that legally limit or prohibit ones ability and right to enjoy certain state of affairs as he was used to. Next is juvenile curfews: are passed in state and local levels to limit or prohibit persons under 18 from enjoying certain privileges. The term restrictions is to deny access or prohibit. This leads to questions of the constitutional rights of individuals covered under the 1st, 4th, 5th, 9th and 14th amendments.
2
Amendments
1st: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
4th: “enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.”
5th: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
3
Cornell Law
The first would cover if a person under the age of the ...
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Juvenile Curfew Debate
1. JUVENILE CURFEWS
Issues.
Definitions of terminologies used.
Conclusions and inferences made on the issue.
Evidence and facts on conclusions made
Analysis of evidence used to make conclusions
1
Placing a juvenile curfew or specific rules that children under
the age of 18 years of age has been a long going argument and
is a topic with great opposing views. In this presentation we
will look at the issues, go over the definitions for some of the
common terminology and look at both sides of the arguments
with supporting evidence for both.
1
The Argument: Should there be a legal curfew and driving
restrictions to those under 18?
Definitions
legal curfews: laws that legally limit or prohibit ones ability
and right to enjoy certain state of affairs as he was used to.
juvenile curfews: are passed in state and local levels to limit or
prohibit persons under 18 from enjoying certain privileges.
restriction: to deny access to or prohibit.
issue is very controversial as its constitutionality is often
contested under 1st, 4th,5th, 9th and 14th amendments that
protect individuals fundamental rights
2.
3. 2
The first term is legal curfews: laws that legally limit or
prohibit ones ability and right to enjoy certain state of affairs as
he was used to. Next is juvenile curfews: are passed in state and
local levels to limit or prohibit persons under 18 from enjoying
certain privileges. The term restrictions is to deny access or
prohibit. This leads to questions of the constitutional rights of
individuals covered under the 1st, 4th, 5th, 9th and 14th
amendments.
2
Amendments
1st: “Congress shall make no law respecting an establishment of
4. religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a
redress of grievances.”
4th: “enforced the notion that “each man’s home is his castle”,
secure from unreasonable searches and seizures of property by
the government. It protects against arbitrary arrests, and is the
basis of the law regarding search warrants, stop-and-frisk,
safety inspections, wiretaps, and other forms of surveillance, as
well as being central to many other criminal law topics and to
privacy law.”
5th: “No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the land or
naval forces, or in the militia, when in actual service in time of
war or public danger; nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for
public use, without just compensation.”
3
Cornell Law
The first would cover if a person under the age of the curfew
was wanting to participate in an assembly or similar event. The
fourth covers the actual act of breaking the law on criminal
charges. What if the teen is not participating in any criminal
acts. The fifth covers a similar stance as the fifth and also the
simple right of not being deprived a privilege.
3
Amendments Continued
5. 9th: “The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by
the people.”
14th: Section 1.”All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the
United States and of the state wherein they reside. No state
shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
state deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.”
4
Cornell Law
The ninth summarizes the general feelings of those that oppose
the curfew law suggestions and the other amendments stating
that no right shall be denied. The fourteenth amendment has
four sections however, we are only interested in the first section
which is as follows: 1.All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the state wherein they
reside. No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
4
Pros of juvenile curfew on driving
To protect the teenagers
6. growing up is a gradual process with various stages of
development,
5
The loudest argument that is heard in support of placing a
curfew on juvenile is the safety due to the maturity level and
growing up process. Many feel that those under the age of
eighteen and even under 21 in some arguments are not skilled
enough or responsibly mature enough to safely operate a
vehicle. These “children” need to learn and grow on their skills
of not only operating the vehicle but in making safe decisions
on their actions while driving.
5
Conclusion
It is the law: the laws that allow or permit curfews is often one
of the reasons that curfews are imposed in some communities.
Violations of curfews are always costly and tend to be time
consuming when arbitrated in courts. When there is a violation
the law may hold parent accountable for such acts of omission
since they bear responsibility on their teenagers. Hefty fines
may be imposed, parents may be required to attend classes and
community services along with their teens.
Initiative for resolve: Parents are supposed to help their
teenagers understand why curfews is in place and help them
understand why they are important. Often the teenagers should
be allowed opportunity to negotiate their own curfews for
different actions. Encouraging good behavior can be done by
rewarding responsible teens. If a parent lets a teen negotiate
his/her own curfew the teens are less likely to rebel once the
curfew is imposed. A good understanding of these rules makes
them easier to follow.
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7. 6
Evidence made on the conclusion
the laws that allow or permit curfews is often one of the reasons
that curfews are imposed in some communities. Violations of
curfews are always costly and tend to be time consuming when
arbitrated in courts. When there is a violation the law may hold
parent accountable for such acts of omission since they bear
responsibility on their teenagers. Hefty fines may be imposed,
parents may be required to attend classes and community
services along with their teens.
Parents are supposed to help their teenagers understand why
curfews is in place and help them understand why they are
important. Often the teenagers should be allowed opportunity to
negotiate their own curfews for different actions. Encouraging
good behavior can be done by rewarding responsible teens. If a
parent lets a teen negotiate his/her own curfew the teens are less
likely to rebel once the curfew is imposed. A good
understanding of these rules makes them easier to follow
7
Read Slides 7&8
7
Cons of juvenile curfews
Safety: There is no possible reason for a juvenile to be out in
the streets at 2 a.m. Parents who are against imposing of such
curfews are lazy to exercise control to their children. Parents
who are against Curfews are irresponsible, to make them
responsible curfews should no be there to allow them parent.
Learning opportunity: There should no be a curfew o n juvenile
over driving. Some neighborhoods and towns have a good
8. security and experiencing bad experiences is rare. Curfew
should be a choice left upon parent to decide. When one is not
rebelling over time they should be allowed more time outside,
lack of adequate outside exposure may lead to poor
development for a child.
8
The cons are the same just in on an opposing side. Those on this
argument believe that parenting should be the responsibility of
the parent not the state and that without experience children
cannot grow and learn. Also, the con brings up the argument of
Why all should be punished for the few? Many children do not
act out, are responsible, and do not participate in illegal
activity; Therefore the punishment is not something that would
benefit them but inhibit their ability to grow.
8
Cons of juvenile curfew on driving
It is not a very good idea to place curfew on teenagers,
research has shown it that where teens are allowed some
freedom to drink, and engage in adult behaviors they will
display a low rate of misbehavior. An example is Canada and
western Europe.
9
In many studies it is seen that when people are given the
responsibility and privilege they are more likely to act in a
responsible and mature manner. It is also been shown in studies
that when the privileges are denied the individuals tend to act
out in an extreme manner later in life when they do have the
freedom(Males, 2000).
9
References
9. Males M.(2000), Punishing teens to protect them, Los Angels
Times. Retrieved from: http://home.earthlink.net
Cornell Law (2014) U.S. Constitution. Coverage of
Amendments. Legal Institue. Retrieved from:
https://www.law.cornell.edu
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