NCJ Number
168066
Journal
TELEMASP (Texas Law Enforcement Management and Administrative Statistics Program) Bulletin Volume: 1 Issue: 6 Dated: (September 1994) Pages: 1-11
Date Published
1994
Length
11 pages
Annotation
After reviewing some prior evaluation studies of juvenile curfews, this paper provides an overview of juvenile curfew provisions in Texas jurisdictions and reviews the legal issues associated with curfews.
Abstract
The reviews of curfew evaluations conducted in Detroit, Mich., and San Antonio, Tex., provide evidence of reduction in juvenile offenses during the curfew hours, but show a displacement of juvenile offenses to other times. Thus, there is no evidence that these curfews have reduced the overall juvenile delinquency rate. In a study prior to considering a curfew ordinance in Odessa, Tex., the police department analyzed the time periods for juvenile crime in the city. The study found that only 2 percent of juvenile arrests occurred during the hours of 11:00 p.m. to 6:00 a.m., the time of the proposed curfew ordinance; the curfew ordinance was subsequently rejected. As of August 1, 1994, juvenile curfews are in effect in 11 of the 25 most populous cities in Texas. Curfew ordinances in Texas fall into three groups: area (applicable in designated areas by street and block); nocturnal (usually from 11:00 p.m. to 6:00 a.m.); and school time (during school hours, usually 9:00 a.m. to 2:30 p.m.). Legal challenges to curfew ordinances are typically in the areas of overbreadth; vagueness; and violations of the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Asserted under constitutional protection are a parent's right to raise children, the right to family autonomy, freedom of movement, and freedom to travel. Current law is defined by a recent Fifth Circuit ruling that involved the Dallas curfew. This ordinance specifies 12 exceptions to curfew prohibitions, so as to comply with constitutional mandates. This paper summarizes specific Texas curfew ordinances and includes the full text of the Wichita Falls (Texas) curfew ordinance.