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NCJ Number: 156120 Add to Shopping cart Find in a Library
Title: Constitutionality of Juvenile Curfews
Journal: Juvenile and Family Court Journal  Volume:46  Issue:2  Dated:(Spring 1995)  Pages:17-30
Author(s): A K Marketos
Date Published: 1995
Page Count: 14
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article suggests that juvenile curfew ordinances provide a constitutionally untenable solution to the crime problem.
Abstract: An alternative constitutional solution presents itself in the Model Penal Code's Loitering and Prowling act. The article demonstrates this by first outlining the basic structure of a juvenile curfew ordinance. Second, the courts' inconsistent conclusions regarding the equal protection challenge to juvenile curfews are examined. This discussion contains several arguments that support the proposition that the judiciary's inconsistency regarding equal protection requires adoption of a different approach to juvenile crime prevention. The U.S. Supreme Court has failed to address the extent to which a juvenile curfew may infringe on a minor's fundamental rights. This lack of guidance forces lower courts to adopt a framework from an abortion case. Moreover, the tension between formalist and realist ideologies creates inconsistencies when considering juvenile crime statistics and the effectiveness of a curfew in a narrowly tailored analysis. Further inconsistencies are also evident when courts consider overbreadth challenges to the exceptions of an ordinance. The author also demonstrates that courts reach inconsistent results when considering the constitutionality of juvenile curfews; this suggests that another solution, not requiring an equal protection analysis, is more appropriate. The author also shows that existing solutions to these problems are insufficient. The Model Penal Code's Loitering and Prowling act is presented as an alternative solution, and potential criticisms of this approach are addressed. 236 notes
Main Term(s): Juvenile codes
Index Term(s): Curfew; Rights of minors
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=156120

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