Juvenile Crime Prevention: Curfews and Youth Services

• NCJ Number: 168596
• Journal: Issues and Options Volume: 1 Issue: 5 Dated: 1997
• Author(s): B Forlaw; M Hessel
• Date Published: 1997
• Length: 35 pages
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This journal issue contains an overview of juvenile crime prevention concepts, followed by guidelines for drafting a juvenile curfew ordinance that can withstand constitutional challenges; examples and samples of youth services programs are also included.

Abstract

The overview of juvenile crime prevention issues addresses youth as victims, youth as perpetrators, and youth as resources. A discussion of options for drafting a juvenile curfew ordinance that can withstand constitutional challenges addresses the effectiveness of juvenile curfews, legal challenges to curfew ordinances, the legal status of juvenile curfews, and the basic structure of a juvenile curfew ordinance. Specific provisions in a curfew ordinance are also reviewed, including purpose, findings of fact, definitions, age, hours, place, forbidden activities, and exceptions. Exceptions mentioned include accompaniment by an authorized adult; emergency errands or errands for parents; employment; first amendment rights; motor vehicle, interstate, and intrastate travel; organized activities; sidewalk near house; armed services; legitimate business; and passes. Other provisions discussed are liability of others, enforcement procedures, penalties, statistics and special reports, "sunsets" and continuing reviews, and severability and construction. The curfew discussion advises that barring binding precedent in a given jurisdiction, it is impossible to tell whether a given court will uphold or strike down a juvenile curfew ordinance on constitutional grounds. To date, the U.S. Supreme Court has not given definitive guidance on the central issue, i.e., whether the rights of a minor that a curfew affects are "fundamental" and therefore require strict scrutiny. Until the Supreme Court rules, city attorneys in most States cannot rely on the validity of an ordinance that has been upheld in another jurisdiction. The youth services programs listed and briefly described have the following program classification codes: drug and alcohol abuse/health, community service, recreation/entertainment, information and referral, advocacy and planning, employment, diversion, mentoring, mediation, education, comprehensive, and social services.