Argument Paper
Macens
hensley_t_m3_a2.arg_.pptxJUVENILE 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
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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.
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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
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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.
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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.”
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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.
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Amendments Continued
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.”
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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.
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Pros of juvenile curfew on driving
To protect the teenagers
growing up is a gradual process with various stages of development,
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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.
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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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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
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Read Slides 7&8
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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 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.
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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.
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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.
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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).
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References
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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