Effectiveness & Enforcement of Juvenile Curfew Ordinances

Important issues concerning nighttime curfews for juveniles are the effectiveness and enforcement. Proponents often say that curfews for minors are necessary for public order and protection. They also justify curfews by explaining that juveniles have never had the same rights as adults. For centuries, children have been subject to their parents control and government-created curfews, arguably, positively enhance parental control. The effectiveness of a curfew law is an issue that has become difficult to prove. Critics of teen curfews have argued that they have little impact on serious juvenile crimes. These critics cite statistics indicating that most of these offenses occur in the after-school hours before parents return home from work (Seibert, as cited in Ford & Sutphen, 2001). Violent crimes by juveniles peak between 3 p.m. and 4 p.m. (the hour at the end of the school day) and then generally declined hour by hour until the low point at 6 p.m. Furthermore, statistics based on violent crimes reported to law enforcement showed that juveniles were 140% also more likely to be victimized between 3 p.m. and 4 p.m. on school days (Sickmund & Snyder, 2006).

Critics of teen curfews have also voiced the suspicion that these laws are enforced in an arbitrary and discriminatory fashion, targeting youth in low income, minority neighborhoods. It is feared that if broad enforcement discretion is granted to police, they will use the curfew as a pretense to detain and question youth, particularly those of a minority race (Ford & Sutphen, 2001). Critics further argue that curfews are merely an additional charging mechanism. They say that the police often use curfew violations when there is little or no evidence of another suspected crime. This practice may drive juveniles into a congested justice system that they otherwise never would have come into contact with.

A study by Ford and Sutphen, examined the effect of a teen curfew on juvenile arrest rates during the first year of the curfew's implementation in a city of an over 200,000 population in 2001. The curfew law was adopted in response to a reported increase in violent and juvenile crime over the previous several years. The new law was applied to all youth 17 years of age and younger during the hours from 11 p.m. to 5 a.m. week nights, and from 1 a.m. to 5 a.m. on weekend nights. Like many curfews across the nation there were several exceptions including youths who are: accompanied by a parent or other authorized adult; exercising first amendment rights (religion, speech, assembly); cases of reasonable necessity; standing on the sidewalk in front of their residence; returning home within an hour of a school, religious or voluntary activity; engaged in employment activity; in a motor vehicle with an authorized driver; operators or passengers of a motor vehicle in direct route to a destination within or out of the city limits; married; or homeless and using a public place as an abode. The law also contained a provision to cite the parents of youth violators. Cited parents faced a fine of up to $499. Enforcement of this provision was left to the discretion of the police officer (Ford & Sutphen, 2001).

The data collected by the researchers related to 377 curfew violations and 83 parent citations issued in 22 police beats during that first year of implementation (Ford & Sutphen, 2001). The results indicated that the enacted curfew had no effect on total juvenile arrests, felonies, misdemeanors, violent crimes, or property crimes. The researcher further concluded that more curfew violations were issued in areas with higher rates of juvenile arrests, higher levels of police presence, and lower family incomes. Parental citations were highest in areas with lower family income and greater proportions of African American populations (Ford & Sutphen, 2001). Their findings suggested discriminatory enforcement based on race and social class but not as clearly on gender discrimination. The effectiveness of curfews remains difficult to determine. Despite the somewhat unfounded success of juvenile curfews, municipalities continue to utilize them and surely will for years to come.

*(see citations of sources in the "supporting links" section to the left)