norml21 - Page 56
Page 56
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We are not speaking of children or of young
persons below the age which the law may fix
as that of manhood or womanhood. Those who
are still in a state to require being taken
care of by others must be protested against
their own actions as well as against external
injury.
Mill, supra, at 13.
The courts have also recognized this necessary exception.
The United States District Court for the Hiddle District of
Pennsylvania, in upholding a juvenile curfew ordinance,
recognized that the constitutional rights of adults and juveniles
are not co-extensive, and that the conduct of minors may be
constitutionally regulated to a greater extent than that of
adults, with the age of a minor a significant factor in assessing
whether a minor has the requisite capacity for individual choice.
B vkofskz v. Boro/Agb__of Middletown, 401 F. Supp. 1242 (MoD. Pa.
1975) .
Thus, John Stuart Mill has provided us with a workable
standard by which to determine whether the Ninth Amendment
provides protection for those acts committed by adults which the
state has determined to denominate as criminal hut which do not
involve the infliction of harm upon other persons°
Ao Application of the Standard
Encapsulated_ Hill's philosophy is that a person of sound
mind and proper age is free to do what he will either
individually or in concert with others, short of harming another.
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