CURFEW FOR YOUTH: balancing the rights of youth and adults and the safety of youth and society
INTRODUCTION
At the heart of democracy is the idea that citizens are equal before the law. During elections, each citizen receives a single voice. When people are accused of crimes or believe that their rights have been violated, they expect equal treatment before the courts, whether rich or poor, religious or atheists, politicians or activists politicians.
Every democratic society should strive to provide the same protection to its citizens. However, a large community of citizens is the subject of many laws, but has no way to shape those laws: the youth. Children and youth are a vital part of every nation. They are subject to the rules of society, but are treated differently according to the law, precisely because of his age. They can not vote, nor have many privileges and responsibilities of older people. However, laws are enacted to help and protect it or to protect the whole society. One of these laws is a curfew for young people.
ANALYSIS OF THE UNITED STATES CURFEW LAWS OF America [1]
Curfew laws have been challenged on constitutional grounds a variety. Although some may argue, the miners have no rights constitutional, the Supreme Court in many cases, ruled that people have constitutional rights regardless of age. these cases relate to issues often "the rights of students in schools. Tinker v. Des Moines School District ruled in 1969 that students have the right to freedom of expression in schools. [2] This case was how that school officials have banned a group of students to exercise their symbolic protest of the Vietnam War with the use of a black armband. Rights constitutional young people have been confirmed in many other cases, including freedom of religion in schools, where religious activity is allowed and which is led by students. In the case of Missouri v. Danforth in 1976, it was stated that those directly all constitutional rights regardless of age. In the opinion of the Court:
Constitutional rights do not mature and be born like magic when they reached the age defined by the condition of the majority [3].
Although young people are subjected to many restrictions based on age, the judiciary has a long precedent for people with full constitutional rights regardless of age.
The Supreme Court has long recognized that the rights of freedom of expression and assembly go together. To check the voice, it is sometimes necessary raise objections, and the only way is if there is freedom to meet in public, as it is peaceful. The Fourteenth Amendment also guarantees that provincial governments and local authorities can not take the First Amendment rights. Curfew laws Many, however, have written on these exceptions that allow offenders to be exempt if involved in a political protest. The importance of using public goods such as streets and parks to carry out political speech was protected by freedom of assembly under the First Amendment to the Hague from c. CIO, 307 U.S. 496 in 1939. This case concerns a group of people denied a police permit to hold a meeting in a building in Jersey City for being a communist. The regulations should someone make a speech advocating the obstruction of government for a permit through police station before getting a lease to any room or building for the realization of speech. [4] However, in Cox v. Louisiana U.S. 379 536, 554, 464 (1 965) was significant states can impose reasonable rules during installation. In the opinion of the Court:
No justified in ignoring the familiar red light because he thought it was a means of social protest. Could not, contrary to traffic regulations, insist on a meeting of the street in the middle of Times Square during rush hour as a form of freedom of expression and assembly.
However, regulatory measures should be strictly defined only the legitimate state regulatory objectives. Although the Supreme Court's interpretation of the Court of freedom of expression is broad, its interpretation of freedom of assembly appears to be close.
Curfew laws directly remove the right to assemble in public, and sometimes even private property. The constitutionality of curfew laws on youth has not yet been tested in the Supreme Court. The lower courts are divided on the issue, the decision of many unconstitutional power and many constitutional. The Supreme Court has never had a case to do with a curfew law in history, Kiyoshi Hirabayashi v. United States in 1943. This case was a curfew imposed in Japanese during the Second World War. It was made because the court considered the constitutional rights are less applicable in time of war.
The curfew general have often been imposed in response to an emergency situation, such as riots, and usually only carried out few days to a few weeks. The main difference is that they are intended from the outset to be temporary while the curfew for young people to be permanent. A general curfew, which applies to all citizens to comply with a time of emergency has been brought before the Supreme Court v. Janet Stotland State of Pennsylvania. [6] They refused to hear the case. However, Judge Douglas, in making dissenters argued that the curfew laws may be necessary when national security is threatened, it raised serious doubts about the right meeting. He said he was worried about the possible abuse of the right to compensation curfew in the audience of "undesirable" such as minorities, and supported a law curfew should be temporary and strictly defined.
The judicial system is often applied Test to see if a law is quite closely defined and does not give too much power to authorities. Many lower courts ruled unconstitutional a statute curfew for young people later declared that the constitutional after many exceptions have been added in the law. Well that curfew laws violate constitutional rights, the court's decision in favor of the laws of touch the condition is "best interests of the State" to reduce juvenile crime and victimization. Few people care about the rights of others, and generally do not care of their own. Many adults do not seem concerned about the rights of youth in everything, by its mere illegal presence. A survey by the University Wichita State asking cities across the country a variety of issues relating to laws on the curfew did not find any city that has not had a curfew law specified constitutional issues as a reason not to have [7]. For these reasons, the only aspect of curfew laws really can if required, and if they come to achieve their stated goals of reducing crime and victimization of children is a compelling "state interest."
A level Nationally, most cities with curfew laws say they are great success in reducing crime. In a survey conducted by the U.S. Conference of Mayors United, it was found that staff in 88% of cities with curfew laws, said they have helped reduce juvenile delinquency. [8] However, according to The Los Angeles Times, the survey did not include statistical analysis of the curfews have had an impact on crime. " [9] It could also find a study of the effectiveness of curfew laws, which made a statistical hypothesis test that the level of curfew is a negative correlation with the rate of another crime. He was the only one to use the basic procedures for the use of the data and controlled tests of statistical significance. Curfews have been a long time, and crime statistics for the study are easily accessible. The fact that virtually no research has been done, when so many people asking curfew laws are very successful, it seems very irresponsible and should be given to skepticism. Although statistics are often used to deceive, are often the only way to measure the real world, if done correctly. agencies of law enforcement who say, "Observe" a drop in juvenile crime should explain exactly how they are viewing. as responsible for law enforcement to report crime Crime has fallen conveniently shown. For example, the Office of Juvenile Justice and Delinquency Prevention has made a study of the curfew laws in 1996 [10] and used the criminal victimization in some cities, other figures and the number of arrests for certain crimes on others. There are no controlled comparisons, so it is useless for research purposes [11].
Youth Curfew: protection or punishment?
Curfew laws for youth is illegal for young people usually older than 16 or 17, be on the streets during certain periods, usually 11:00 pm-4: 00 These laws are part of a larger group of "crimes status. A state crime is something that is illegal for a young person, but it is not legal if done by an adult. Depending on the country, other examples may be smoking or drinking in public, running or not in school during the normal school day.
The United States is the current leader of legislative and law enforcement touch of remains. These laws are often adopted and implemented by local government or local. During the 1990s, thousands of American towns and cities, including nearly three-quarters of all cities over 100,000 inhabitants, enacted curfew laws for young people. These laws were part of a response to rising youth crime is has occurred in the U.S. between 1988 and 1992. During these four years, homicide has increased by 55 percent of the miners. violations increased 27 percent, and assaults aggravated jumped 80 percent. Young people under 16 years were responsible for 62 percent of violent juvenile crime, but statistics also show that adolescents are the most frequent targets of youth violence. Curfew laws enacted in the 1990s to reduce juvenile delinquency and prevention victimization of youth.
Several European democracies have imposed curfews on several versions of youth. In Britain, a 1998 law allowed local councils to impose curfews for all children under ten years. A program mandates police officers to stop young Scottish streets night and turn them into youth activities available in the clubs established by the board. Serbia has discussed the deepening Policy curfew on youth in times war only. Curfews have been introduced in Australia. In the city of Perth, Australia legislators recently imposed a curfew for a year, it was reported that The curfew has reduced crime and antisocial behavior. Curfew U.S. law have been challenged by the American Civil Liberties Union (ACLU). lawyers The ACLU says the law violates the curfew for youths under the U.S. Constitution, including freedom of expression and peaceful assembly, freedom unreasonable detention, fair treatment under the law and the right to travel.
Not surprisingly, different challenges to local laws on curfew United States gave different results. A federal court declared the curfew law in the city of Dallas, Texas, was unconstitutional. The city appealed decision to a higher court and the court ruled that the curfew was constitutional because Dallas had the potential to reduce juvenile crime and victimization. The high court also ruled that some exceptions to the curfew law, youth and their parents with enough freedom to move after curfew hours. Many other communities followed the example of Dallas and the curfew laws in place. In 2001, however, curfew laws have been successfully challenged in the states of Alaska, New Jersey, New York, and elsewhere. In these cases, curfew laws have been found to violate the constitutional rights of young people and their parents.
Balancing the rights and safety
Most arguments in the curfew on young people are two main ideas: (1) Security youth and society and (2) the rights of young people and adults.
1. The safety of young people and society.
Proponents argue that curfews can help to protect vulnerable children. Most parents say they are responsible, but many can not monitor their children, then it may be a victim of street crime and accidents. The curfew, they say, under surveillance can help protect children and parents face their responsibilities. Proponents also argue that the curfew for young people can fight the negative attitudes of youth in areas where the law is challenged considered desirable and gang membership is a status symbol. Curfews encourage young people to spend more time with their families and more positive activities such as sports and youth clubs.
Opponents argue that curfews to reduce curfews rights of parents to raise their children as they wish. Adults must accompany their children to outdoor activities is unreasonable and damaging, because many adults do not think they should or can not transport their children in the community.
Curfew fans young people also believe that these laws provide communities with accurate and positive ways to reduce violence youth. Juvenile delinquency is a problem often associated with drugs and serious violence. The gang can terrorize communities and create a social climate in which the activity criminal becomes the norm. Curfews for minors in these problems by keeping young people in the streets and prevent them from joining in the hours of darkness.
About oppose curfews Youth are not convinced that these programs actually work. Are studies that show no direct relationship between rates of juvenile delinquency and implementation of a curfew for young people. Instead, these studies show other factors (for example, population movements and economic changes) have more impact on youth crime curfews. Moreover, these studies have revealed that juvenile crime takes place Most 15:00 to 20:00, after students leave school before returning home and working parents and not during the curfew.
curfew for young people, their lawyers say, can support the zero tolerance policing. This strategy is based on the theory that the crimes so low that the marking of graffiti, break the window and trafficking drugs (all crimes of minors) can promote the development of a lawless environment in the most serious crimes can flourish. Opponents suggest that the touch is imposed on youth has great potential for abuse and may turn generally law-abiding young offenders. They note that more U.S. children are accused of violating curfew that any other crime. Also note that the statistics of communities in the United States suggest that the police arrested several young men nonwhite than white curfew violations. They also say that curfews to the poor more harshly, because young people in poor neighborhoods are less places to play or "hang" Sure, their only option is to stay on the street. Once charged with a criminal record, many of these young people cross a psychological barrier themselves as outlaws. A criminal record reduced employment opportunities for young people and the scars on his future. Application the Youth curfew can lead to the deterioration of relations between the police among young people.
2. The rights of elderly and young.
Opponents youth curfew say that these policies violate the rights and freedoms of youth. Children, they say, has the right to freedom movement and assembly. The curfew bad these rights. Young people, especially teenagers, have legitimate reasons to be at night without adults. many jobs after school. Others participate in group activities in churches, youth clubs or sports stadiums.
Young people can not learn to be responsible, unless they have the opportunity to act responsibly. Opponents of the curfew Note also that such legislation offers all young people as possible violations of the law. Although only 0.2 percent of young people in the United States commit serious crimes curfew for young people another limit of 99.8 percent of those who seek to carry out legitimate activities in the evening. On the other hand, the curfew laws tend to discriminate by age, despite the fact that young people commit fewer crimes than adults.
Supporters curfew for young people agree that these programs have in the law of permanent majority of street youth. They see this restriction, however, as a protection and advantage: it protects law-abiding young offenders of law, and gives police the advantage of concentrating its resources on only some youth actively breaking the law. Balancing the rights and needs of youth safety and adults remains a challenge.
CONCLUSION
In early 2009, Prime Minister of Perlis (Malaysia) has announced its intention to enforce a curfew for young people. It aimed at reducing crime rates and youth avoid involvement in immoral activities. However, their intention has been strongly criticized. Some agree with him, including most of Pemuda UMNO Perlis, but not agreed.
The biggest challenge for implementation of curfews for young people is the Federal Constitution. It has been shown in many cases [13] and the Federal Constitution that all legislation Parliament subsidiary contradicts the Constitution, the latter shall prevail [14]. Therefore, until the Federal Constitution is amended, there is no guarantee the effects of curfew laws for young people, possibly in Malaysia.
* Original document notes. Please send me an e-mail to mahyuddindaud86@yahoo.com you want a copy of this document.
About the Author
Final Year Law Student, International Islamic University Malaysia
Michael Ignatieff speaks about youth involvement in politics
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