Juvenile Curfews and the Courts: Judicial Response to a Not-So-New Crime Control Strategy

Abstract

There is widespread sentiment that juvenile crime is out of control. Although this perception is incorrect, it has led to a number of changes in how juvenile offenders are dealt with, such as increased use of waiver to adult court and more frequent use of confinement as a sanction. This article examines the constitutionality of juvenile curfews, another currently popular response to the supposed juvenile crime wave. Because the Supreme Court has not provided guidance on this issue, the authors examine recent lower court decisions and discuss the legal implications of juvenile curfew laws.