| INTRODUCTION | | | | Depending on the country, other examples can be |
| At the heart of democracy is the idea that | | | | smoking or drinking in public, running away from |
| citizens are equal before the law. In elections, | | | | home, or not being in school during a normal |
| every citizen gets only one vote. When citizens | | | | school day. |
| are charged with crimes or believe their rights | | | | The United States is the current leader in |
| have been violated, they expect equal treatment | | | | legislating and enforcing curfew laws. These laws |
| in the courts whether they are rich or poor, | | | | are usually passed and enforced by state or local |
| religious or atheist, politicians or political activists. | | | | governments. During the 1990s, thousands of |
| Every democratic society must strive to grant | | | | American cities and towns, including nearly |
| equal protection to its citizens. Yet one significant | | | | three-fourths of all cities with more than 100,000 |
| community of citizens is the focus of many laws | | | | inhabitants, enacted youth curfew laws. These |
| but has no formal way to shape those laws: | | | | laws were part of a response to the increase in |
| youth. Children and adolescents are a vital part of | | | | juvenile crime that occurred in the United States |
| every nation. They are subject to society’s | | | | between 1988 and 1992. During those four years, |
| rules, but they are treated differently under the | | | | juvenile homicide increased 55 percent. Forcible |
| law precisely because of their age. They cannot | | | | rape increased 27 percent, and aggravated |
| vote, nor do they have many of the privileges | | | | assault jumped 80 percent. Young people under |
| and responsibilities of older citizens. Instead, laws | | | | 16 were responsible for 62 percent of violent |
| are passed to help and protect them or to | | | | juvenile offenses, but statistics also showed that |
| protect the larger society. One of these laws is | | | | teenagers were the most frequent targets of |
| the youth curfew. | | | | juvenile violence. Curfew laws enacted in the |
| ANALYSIS ON UNITED STATES OF AMERICA | | | | 1990s were aimed at reducing juvenile crime and |
| CURFEW LAWS[1] | | | | preventing youth victimization. |
| Curfew laws have been challenged on a variety | | | | Several European democracies have imposed |
| of constitutional grounds. Although some may | | | | different versions of youth curfews. In Britain, a |
| argue juveniles do not have constitutional rights, | | | | 1998 law allowed local councils to impose curfews |
| the Supreme Court in many cases has ruled that | | | | for all children under ten. A Scottish program |
| people have constitutional rights regardless of age. | | | | mandates police officers to stop young people on |
| Often these cases have involved issues of | | | | the streets at night and divert them towards |
| students' rights in schools. Tinker v. Des Moines | | | | youth activities available at clubs set up by the |
| School District in 1969 ruled that students had the | | | | local council. Serbia has debated extending |
| right to freedom of speech in schools.[2] This | | | | wartime curfew policies for young people only. |
| case involved how school officials had forbidden a | | | | Curfews also have been introduced in Australia. In |
| group of students from carrying out their | | | | the city of Perth, Australian lawmakers recently |
| symbolic protest of the Vietnam War by wearing | | | | imposed a curfew for a year; they report that |
| black armbands. The constitutional rights of young | | | | the curfew has reduced crime and antisocial |
| people have been affirmed in many other cases, | | | | behavior. Curfew laws in the United States have |
| such as their religious freedom in schools, where | | | | been challenged by the American Civil Liberties |
| religious activity is allowed as long as it is student | | | | Union (ACLU). ACLU lawyers argue that the |
| led. In the case Missouri v. Danforth in 1976, it | | | | curfew law violates young people’s rights |
| was directly stated that people have full | | | | under the U.S. Constitution, including freedom of |
| constitutional rights regardless of age. In the | | | | speech and peaceful assembly, freedom from |
| court's opinion: | | | | unreasonable detainment, fair treatment under the |
| Constitutional rights do not mature and come into | | | | law, and the right to travel. |
| being magically only when one attains the | | | | Not surprisingly, different challenges to local |
| state-defined age of majority.[3] | | | | curfew laws in the United States have yielded |
| Although young people are subject to a large | | | | different results. A federal court declared that the |
| number of restrictions based upon age, the judicial | | | | curfew law in the city of Dallas, Texas, was |
| system has a long precedent for people having | | | | unconstitutional. The city appealed this decision to |
| full constitutional rights regardless of age. | | | | a higher court, and that court ruled that the Dallas |
| The Supreme Court has long recognized that the | | | | curfew was constitutional because it had the |
| rights of freedom of speech and assembly go | | | | potential to reduce juvenile crime and victimization. |
| hand in hand. In order to voice opinion, it is | | | | The higher court also ruled that certain exceptions |
| sometimes necessary to gather protests, and the | | | | in the curfew law provided young people and their |
| only way to accomplish this is if there is freedom | | | | parents with enough freedom to move about |
| to gather in public as long as it is peaceful. The | | | | after curfew hours. Many other communities |
| fourteenth amendment also guarantees that state | | | | followed Dallas’s example and established |
| and local governments cannot take away first | | | | curfew laws. In 2001, however, curfew laws were |
| amendment rights. Many curfew laws, however, | | | | successfully challenged in the states of Alaska, |
| have exceptions written in them that allow | | | | New Jersey, New York, and elsewhere. In those |
| offenders to be exempt if they are involved in a | | | | cases, curfew laws were found to violate the |
| political protest. The importance of the use of | | | | constitutional rights of young people and their |
| public property such as streets and parks for | | | | parents. |
| conducting political speech has been protected by | | | | Balancing Rights and Safety |
| freedom of assembly under the first amendment | | | | Most arguments about youth curfews address |
| since Hague v. CIO, 307 U.S. 496 in 1939. This | | | | two main ideas: (1) the safety of youth and |
| case involved a group of people denied permits | | | | society and (2) the rights of youth and adults. |
| from the police for holding a meeting in a building | | | | 1. The Safety of Young People and Society. |
| in Jersey City for allegedly being communist. The | | | | Advocates claim that youth curfews can help |
| city ordinance required anyone conducting a | | | | protect vulnerable children. Most parents, they |
| speech advocating obstruction of government to | | | | say, are responsible, but many cannot supervise |
| obtain a permit through the police station before | | | | their children, who may then fall victim to street |
| getting a lease to any hall or building for | | | | crime and accidents. Curfews, they say, can |
| conducting the speech.[4] However, in Cox v. | | | | protect under supervised children and help parents |
| Louisiana, 379 U.S. 536, 554 , 464 (1965), it was | | | | face up to their responsibilities. Supporters also |
| ruled states may impose reasonable regulations | | | | claim that youth curfews can challenge negative |
| upon assembly. In the opinion of the court: | | | | youth attitudes in areas where defying the law is |
| One would not be justified in ignoring the familiar | | | | considered desirable and gang membership is a |
| red light because this was thought to be a means | | | | status symbol. Curfews encourage young people |
| of social protest. Nor could one, contrary to | | | | to spend more time with their families and in |
| traffic regulations, insist upon a street meeting in | | | | more positive activities, such as sports and youth |
| the middle of Times Square at the rush hour as a | | | | clubs. |
| form of freedom of speech or assembly. | | | | People opposed to curfews argue that curfews |
| However, the regulatory measures must be | | | | limit the rights of parents to bring up their children |
| narrowly defined to reach only the legitimate | | | | as they choose. Requiring adults to accompany |
| objectives of the state regulation. While the | | | | their children to outside activities is unreasonable |
| Supreme Court's interpretation of freedom of | | | | and prejudicial because many adults don’t |
| speech is broad, its interpretation of freedom of | | | | believe they need to—or are unable |
| assembly appears to be narrow. | | | | to—transport their children around the |
| Curfew laws directly remove the right to | | | | community. |
| assemble in public, and many times even on | | | | Advocates of youth curfews also believe that |
| private, property. The constitutionality of youth | | | | these laws provide communities with fair and |
| curfew laws has yet to be tested in the Supreme | | | | positive means to reduce juvenile violence. |
| Court. Lower courts are divided over the issue, | | | | Juvenile crime is a serious problem that often |
| many ruling unconstitutional, and many ruling | | | | involves drugs and violence. Gangs can terrorize |
| constitutional. The Supreme Court has only ever | | | | communities and create a social climate in which |
| had one case to do with a curfew law in history, | | | | criminal activity becomes the norm. Youth |
| Kiyoshi Hirabayashi v. United States in 1943. This | | | | curfews deal with these problems by keeping |
| case was concerning the curfew imposed upon | | | | young people off the street and preventing them |
| Japanese during World War II. It was upheld | | | | from congregating in the hours of darkness. |
| because the court felt constitutional rights were | | | | Opponents of youth curfews are not convinced |
| less applicable in times of war. | | | | that such programs actually work. They point to |
| General curfews have often been imposed as a | | | | studies that show no direct link exists between |
| response to an emergency, such as riots, and | | | | juvenile crime rates and the enforcement of |
| they usually were implemented only a few days | | | | youth curfews. Instead, these studies show other |
| to a few weeks. The key difference is that they | | | | factors (for example, population shifts and |
| are intended from the start to be temporary, | | | | economic changes) have more impact on youth |
| whereas youth curfews are intended to be | | | | crime than do curfews. Additionally, these studies |
| permanent. A general curfew, which applied to all | | | | found that most juvenile crime takes place |
| citizens to respond to a temporary emergency, | | | | between 3 p.m. and 8 p.m.—after students are |
| was appealed to the Supreme Court in Janet | | | | released from school and before working parents |
| Stotland v. Commonwealth of Pennsylvania.[6] | | | | return home—rather than during curfew hours. |
| They refused to hear the case. However, Justice | | | | Youth curfews, say their advocates, can support |
| Douglas dissented arguing that curfew laws may | | | | zero-tolerance policing. This strategy is based on |
| be necessary when the security of the state is | | | | the theory that low-level crimes such as |
| threatened, but they raised serious questions | | | | graffiti-tagging, window breaking, and drug dealing |
| about the right of assembly. He stated he was | | | | (all common juvenile offenses) can encourage |
| concerned about the possible abuse of curfew | | | | development of a lawless environment where |
| laws in clearing the public of "undesirable people," | | | | more serious crimes can flourish. Opponents |
| such as minorities, and he argued a curfew law | | | | suggest that imposing youth curfews has great |
| should be temporary and narrowly defined. | | | | potential for abuse and may turn generally |
| The judicial system often applies a test to see if | | | | law-abiding young people into criminals. They note |
| a law is narrowly defined enough and does not | | | | that more American children are charged with |
| give the authorities too much power. Many lower | | | | curfew offenses than with any other crime. They |
| courts that ruled a youth curfew law | | | | also point out that statistics from U.S. |
| unconstitutional later ruled it constitutional after | | | | communities suggest that the police arrest more |
| many exceptions were added into the law. | | | | non-white than white youth for curfew violations. |
| Although curfew laws violate constitutional rights, | | | | They also say that curfews affect the poor more |
| the courts ruling in favor of curfew laws state | | | | harshly: because youth in poor neighborhoods |
| they have a "compelling state interest" of | | | | have fewer places to play or “hang out” |
| reducing juvenile crime and victimization. Few | | | | safely, their only option is staying on the streets. |
| people care about the rights of other people, and | | | | Once burdened by a criminal record, many of |
| usually they only care about their own. Many | | | | these young people cross a psychological |
| adults seem not care about the rights of young | | | | boundary, perceiving themselves as outlaws. A |
| people at all, by making their mere presence illegal. | | | | criminal record reduces the employment |
| A survey conducted by Wichita State University | | | | opportunities for youth and scars their futures. |
| asking cities nationwide a variety of questions | | | | Enforcement of youth curfews can lead to |
| concerning curfew laws found no city that didn't | | | | deterioration in police-youth relations. |
| have a curfew law specifying constitutional issues | | | | 2. The Rights of Young and Older Citizens. |
| as a reason for not having it[7]. For these | | | | Opponents of youth curfews say that these |
| reasons, the only aspect about curfew laws that | | | | policies infringe upon the individual rights and |
| may really matter is if they are necessary, and if | | | | liberties of young people. Children, they say, have |
| they do in fact accomplish their stated goals of | | | | the right to freedom of movement and assembly. |
| reducing juvenile crime and victimization thus | | | | Curfews hurt these rights. Young people, |
| having a "compelling state interest." | | | | particularly teenagers, have legitimate reasons to |
| Nationwide, the majority of cities with curfew | | | | be out at night without adults. Many hold after |
| laws claim they are great successes in reducing | | | | school jobs. Others participate in group activities |
| crime. In a survey done by the U.S. Conference | | | | at churches, youth clubs, or sports arenas. |
| of Mayors, it was found that the officials in 88% | | | | Young citizens cannot learn how to be responsible |
| of the cities with curfew laws believed that they | | | | unless they have opportunities to act responsibly. |
| helped reduce juvenile crime.[8] However, as | | | | Opponents of curfews also note that this kind of |
| reported by the Los Angeles Times, the survey | | | | law treats all young people as potential law |
| "did not include a statistical analysis of the effect | | | | breakers. While only 0.2 percent of youth in the |
| curfews have had on crime".[9] In addition, I was | | | | United States commit serious offenses, youth |
| only able to find one study of the effectiveness | | | | curfews limit the remaining 99.8 percent of young |
| of curfew laws that did a statistical hypothesis | | | | people who seek to engage in legitimate activities |
| test that the level of curfew enforcement is | | | | during nighttime hours. Moreover, curfew laws |
| negatively correlated with the level of other crime. | | | | tend to discriminate by age, despite the fact that |
| It was the only one to use the basic procedures | | | | young people commit fewer crimes than adults. |
| of using controlled data and testing for statistical | | | | Supporters of youth curfews agree that such |
| significance. Curfews have been around for a long | | | | programs take the law-abiding majority of young |
| time, and the crime statistics to study them are | | | | people off the streets. They see this restriction, |
| readily available. The fact that virtually no | | | | however, as a protection and an advantage: it |
| research has been done, while so many people | | | | protects law-abiding youth from law-breakers, and |
| are claiming curfew laws are great successes, | | | | it gives the police the advantage of focusing their |
| seems very irresponsible, and should lend itself to | | | | resources on only those few young people |
| skepticism. Although statistics are often used to | | | | actively breaking the law. Balancing the rights and |
| deceive, they're often the only way of measuring | | | | safety needs of youth and adults remains a |
| the real world, if done properly. Law enforcement | | | | challenge. |
| agencies that say they "observe" a decline in | | | | CONCLUSION |
| juvenile crime should explain exactly how they | | | | In early 2009 the Chief Minister of Perlis (Malaysia) |
| observe it. Law enforcement officials report | | | | announced his intention to enforce youth curfew. |
| whatever crime measure conveniently shows | | | | It was intended to reduce crime rates and |
| crime has decreased. For example, the Office of | | | | prevent youths from getting involved with |
| Juvenile Justice and Delinquency Prevention did a | | | | immoral activities. However, his intention has been |
| study of curfew laws in 1996[10] and used crime | | | | heavily criticized. Some agreed with him, including |
| victimization in some cities, arrest figures in | | | | the Pemuda UMNO Perlis, but most disagreed. |
| others, and arrest figures for only selected crimes | | | | The biggest challenge to enforcement of youth |
| in still others. It made no controlled comparisons, | | | | curfew is the Federal Constitution. It has been |
| and so it is useless for research purposes.[11] | | | | stated in many cases[13] and in the Federal |
| Youth Curfews: Protection or Punishment? | | | | Constitution itself that any subsidiary laws which |
| Youth curfew laws make it illegal for young | | | | contradict the Federal Constitution, the later shall |
| people, usually under age 16 or 17, to be on the | | | | prevail[14]. Hence, until the Federal Constitution is |
| streets during certain times, typically from 11:00 | | | | amended, there is no guarantee for enforcement |
| p.m. to 4:00 a.m. These laws are part of a larger | | | | of youth curfew laws to be practicable in Malaysia. |
| group of “status offenses.” A status | | | | *original document has footnotes. Please e-mail |
| offense is something that is illegal when a young | | | | me at if you would like to have a copy of this |
| person does it but legal when done by an adult. | | | | document. |