NCJ Number
152620
Journal
Current Issues in Criminal Justice Volume: 5 Issue: 2 Dated: (November 1993) Pages: 184-199
Date Published
1993
Length
16 pages
Annotation
This article discusses issues raised by the use of curfews, in Australia and in the U.S., to control juvenile offending.
Abstract
One major problem with curfews is that they conflict with the fundamental liberties of adolescents to move freely about the community and to participate in various activities. These liberties are generally recognized in democratic societies and are supported by international human rights instruments to which both the U.S. and Australia are parties. This article therefore discusses the legal validity of curfews in light of these instruments and the fundamental nature of the freedoms upon which curfews impinge. The legal basis of curfews is also called into question as a result of the absence of municipal law authorizing their imposition. Federal and State antidiscrimination laws may even outlaw their use. There is no clear evidence that curfews effectively manage the problem of juvenile delinquency, yet they are periodically suggested as a solution to juvenile crime. This inconsistency is explained in the context of a public debate which seeks to blame adolescents and their families for behavior caused by factors which are often beyond their control. 105 notes