NCJ Number
153040
Journal
Colombia Journal of Law and Social Problems Volume: 24 Dated: (1991) Pages: 381-417
Date Published
1991
Length
37 pages
Annotation
This article challenges the 1989 ruling by the U.S. District Court for the District of Columbia that invalidated the juvenile curfew in Washington, D.C., enacted to prevent juvenile victimization and juvenile delinquency, and to help parents carry out their responsibility to supervise their children.
Abstract
The court held that the ordinance unconstitutionally interfered with minors' right to free movement and right to due process, and violated the equal protection component of the Fifth Amendment. The court also adopted the three-factor test laid out by the U.S. Supreme Court in Bellotti v. Baird, which involved a minor's right to have an abortion without parental consent, to determine when a minor's constitutional rights may not be coextensive with those of an adult. This article addresses the constitutionality of curfews imposed against adults, analyzes the source and scope of the right to travel and freedom of personal mobility, describes how the Supreme Court has differentiated juveniles' rights from adults' rights, and explores inconsistencies in the application of the Bellotti standard. The article concludes that juvenile curfews should be upheld when there are sufficient State interests to justify the infringement of minors' fundamental rights. 227 notes