Tw Juvenile | Probation | Fourteenth Amendment To The United States Constitution

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   Juvenile Curfew Laws - The Basics Juvenile curfew laws are local ordinances that prohibit people of a certain age (usually under 18) fro being in public or in a business establishent during certain hours (such as between 11! p## and $! a##)# Juvenile curfew laws are alost always enacted at the local level% by city or county governents# The legislative intent behind &uvenile curfew laws is usuallysocial order goals li'e prevention of cries involving &uveniles% and aintenance of the general peace#Curfew curfew is a law% regulation% or ordinance that forbids particular people or particular classes of people fro being outdoors in public places at certain specied ties of the day# Juvenile CurfewsLocal ordinances and state statutes ay a'e it unlawful for inors below a certain age to be on public streets% unless they are accopanied by a parent or an adult or on lawful and necessary business on behalf of their parents or guardians# *or e+aple% a ,ichigan state law provides that .n/o inor under theage of 10 years shall loiter% idle or congregate in or on any public street% highway% alley or par' between the hours of 1 ocloc' p## and $ ocloc' a##% unless the inor is accopanied by a parent or guardian% or soe adult delegated by the parent or guardian to accopany the child# ,CL 2 300#3415 ,6 2 08#70(1)# Curfew laws in other states and cities typically set forth di9erent curfews for inors of di9erent ages#Curfew laws and ordinances have been sustained as necessary to control the presence of &uveniles in public places at nighttie with the attendant ris' of ischief# :n re ;san% 1 < ;hio pp# 7d 371% $30 =#>#0d 111 (1<<$)# Courts have found that curfew ordinances proote the safety and good order of the counity by reducing the incidence of &uvenile criinal activity# 6chleifer v# City of Charlottesville% 14< *#7d 87 (th Cir# 1<<8)#Curfew laws have generally been upheld against constitutional challenges on *irst endent and due process grounds# ?odg'ins e+ rel# ?odg'ins v# @eterson% 134 *# 6upp# 0d 1170 (6#A# :nd# 0 1)# ;ne federal court held that inors have no fundaental right to freedo of oveent or travel that protects the fro restrictions iposed by curfew laws# ?utchins v# Aistrict of Colubia% 188 *#7d 471%(A#C# Cir# 1<<<)# ?owever% a &uvenile curfew ordinance that e+epted inors who had graduated fro high school was found to violate the eual protection clause of the *ourteenth endent to the #6# Constitution# :n re ,osier% 4< ;hio ,isc# 87% 7< =#>#0d 7$8% 17 ;#;#7d 0< (;hioCo# @l# 1<38)#:n soe instances% courts will nd particular language in a &uvenile curfew law to be iperissibly vague under the void for vagueness doctrine (a *ifth  endent doctrine that reuires all laws to be suDciently clear that persons of average intelligence will understand in advance which conduct is prohibited)# :f possible% courts will siply delete o9ending language fro the law so that what reains passes constitutional uster# *or e+aple% one curfew law allowed the citys ayor to issue perits for inors to use public streets during prohibited ties if the ayor found that such use was consistent with the public interest#  California state court held that that language failed to provide any standards by which the ayor could lawfully e+ercise the discretion to grant perits# The court deleted the language but said the ayor could still grant perits when to do so would be consistent with the purposes of ordinance as e+pressly set forth therein# By'ofs'y v# Borough of ,iddletown%  1 *# 6upp# 100 (,#A# @a# 1<34)#Curfew as a Condition of @robation6tate laws typically allow courts to ipose curfews on criinal defendants as a condition of pre-trial release% and on probationers as a condition for successful discharge fro @robation# Aefendants and probationers who are sub&ect to curfews can be ordered to pay the cost of onitoring their copliance with the ters of the order# Curfew violations can result in the revocation of probation or terination of the pretrial release bond#?owever% curfew orders theselves ust be reasonable% and courts ust be careful to e+plain the rationale underlying the# ;rders iposing curfews that are harsh or e+cessive% for e+aple% have been invalidated# @eople v# Braun% 133 #A# 0d <81% 438 =#E#6#0d (1<<1)# 6iilarly% orders that cite no &ustication for a curfew have also been overturned# @eople v 6Ftu'% 10$ #A# 0d <4 % 411 =#E#6#0d30 (1<83)#Curfews have been around for hundreds of years# They srcinated for the public goodto get youth o9enders o9 the streets# ,ost curfew ordinances trace bac' to a public safety regulation iposed by le+ander the Great that reuired the residents of ;+ford% >ngland to retire and cover their res when an evening bell was rung# (HueIe and Heynolds% 1<<$) :n the early 1< s% the curfew bell could be heard throughout erica as a sign to teenagers and children that it was tieto be hoe# :n recent years% cities nationwide have e+panded the use of youth curfews to address growing public concern about &uvenile crie and violence# By reducing the nuber of youth on the street during certain hours% curfews are assued to lesson the nuber of circustances in which youth crie can occur# :t also assues that curfews reduce youth crie by deterring youths fro being on the streets at certain hours out of fear of being arrested# Curfews have been atool for policy a'ers to reduce &u venile crie# ,ost curfew policies reuire teens under 18to be hoe at certain hours at night unless they have a legitiatee+cuse or are accopanied by a parentKguardian# *or e+aple% the nighttie curfew iposed in Aallas% Te+as% is as follows! 6pecically% the curfew applies to  &uveniles under 13 years of age and only between the hours of 11p to $a% 6unday through Thursday% and idnight to $a on *riday and 6aturday# The  e+eptions include &uveniles who are accopanied by an adult% traveling to or fro wor'% responding to an eergency% arried% or attending a supervised activity# (Arowns and ?ess% 0$) ,any &uveniles and their parents found in violation of curfew laws are sub&ect to nes and the label of a &uvenile o9ender#  There is an article involving teen curfew in ?arris County% and by the end of the year% ,ontgoery County is going to be ta'ing in e9ect the teen curfew law# :t has been said###
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