NCJ Number
2039
Date Published
1971
Length
37 pages
Annotation
AN EXAMINATION INTO USE, ABUSE, AND ADMINISTRATION OF CURFEWS AS A MEANS OF RIOT CONTROL.
Abstract
THE CURFEW, AS AN INSTRUMENT OF CONTROL OF CIVIL DISORDERS, IS BECOMING INCREASINGLY POPULAR AMONG THOSE CHARGED WITH THE RESPONSIBILITY FOR THE PREVENTION AND AND CONTROL OF RIOTS. ITS BASIC PURPOSE IS TO KEEP PEOPLE OFF THE STREETS AND OUT OF PUBLIC PLACES DURING AN ACTUAL OR ANTICIPATED DISORDER. WHILE MANY PUBLIC OFFICIALS CONSIDER THE CURFEW AN EFFECTIVE TOOL, CIVIL LIBERTARIANS AND CONCERNED CITIZENS FEAR ITS INDISCRIMINATE USE IN UNWARRANTED SITUATIONS AND ITS UNFAIR APPLICATION EVEN IN THOSE SITUATIONS WHICH MIGHT ACTUALLY WARRANT A CURFEW. SINCE THE CURRENT WAVES OF LARGE-SCALE CIVIL DISORDERS AND THE ATTENDANT FREQUENT USE OF CURFEWS ARE QUITE RECENT PHENOMENA, APPELLATE COURTS HAVE YET TO PASS ON THE VALIDITY OF THE CURFEW IN A CIVIL DISORDER CONTEXT. THIS COMMENT WILL EXAMINE THE CURFEW AS AN INSTRUMENT OF CONTROL OF CIVIL DISORDERS AND WILL FOCUS UPON ITS CONSTITUTIONALITY, BOTH IN THE ABSTRACT AND AS APPLIED, AND UPON THE VARIOUS CONTROLS ON ITS USE. IT IS THIS COMMENT'S THESIS THAT THE RIOT CURFEW, WHEN PROPERLY ADMINISTERED, DOES NOT UNDULY INTERFERE WITH THE CONSTITUTIONAL RIGHTS OF THOSE UPON WHOM IT IS IMPOSED. REFERENCES