Curfew Laws Have No Connection with Crime
It seems almost automatic that several times each year, in Las Vegas and elsewhere, the news media and law enforcement officials focus on teen curfew as still another in a multitude of "magic bullets" aimed at curbing youth crime. Sunday's article by John Przybys ("Street Wise," Review-Journal, 7/25/99) was typical. Something was forgotten in the rush to pass judgement on teens that "cruise the strip" or in other ways violate antiquated curfew laws: do curfew laws have any relationship to crime among juveniles?
The answer, based upon many years of research, is simple: no. The vast majority of crimes committed by juveniles occur during other hours of the day. Specifically, most crimes by juveniles will occur from roughly after school lets out until around 7 or 8 PM. One recent study focused on the city of Monrovia, a suburb of Los Angeles. The author of the study, Mike Males (University of California-Irvine), as reported in his excellent book Framing Youth (Common Courage Press, 1999) compared juvenile crimes before and after a new curfew ordinance took effect on October, 1994. Although it was claimed to be a resounding success by both the press and the police, the facts told a different story. A comparison was also done with 11 neighboring communities in the Los Angeles area, which had curfew enforcement ranging from "moderately vigorous to zero." No unusual decline in crime was noted for Monrovia or any other of the cities and towns studied. What was most interesting, however, is that before and after the new crackdown began, more crimes were committed during non-curfew hours than curfew hours, during the school year. This last point is crucial and this fact has been noted all over the country for years: crimes by youth drop dramatically during the summer months, when curfew is not as rigorously enforced! One reason for this is the existence of programs for youth offered during the summer months plus the fact that school is out.
Still another study compared San Francisco and its neighbor San Jose. San Francisco police stopped enforcing its curfew ordinances. (One reason was that juveniles were being arrested for curfew violations, but nothing else, hence wasting police resources.) San Jose, in contrast, was engaged in vigorous enforcement of its curfew laws. The results of the comparison? Arrest rates for curfew charges virtually disappeared in San Francisco while they jumped dramatically in San Jose (from a mere 4 arrests for curfew between 1990 and 1994 to 585 between 1995 and 1997). The total arrest rate for juveniles declined in San Francisco by 22%, but increased by 26%. What about total crime (crimes reported to the police) in each city? In both cities the crime rate declined (by 34% in San Francisco and by 30% in San Jose). Obviously something more than the enforcement of curfew laws was at work here.
One consistent fact emerges from studies of the enforcement of curfew laws: the majority are enforced against racial minorities. In the Monrovia study, as Males notes, the enforcement of curfew laws doubled the overall "crime rate" among black and Latino youth as they constituted about 70% of those arrested for curfew violations, double the rate for whites. This, he says, was due largely to the fact that those not in cars are most likely to be cited; and minority youths are far less likely to have access to cars than white youths.
One point needs to be emphasized. Why is it that traditionally curfews are imposed on the age group that is the least likely to commit a crime (teens) and who are the most likely to be victimized by an adult (teens)? If anyone needs to have a curfew enforced, it should be adults, since they not only commit the most crimes (even when we take into account their proportion in the general population) but they are far more likely to harm teenagers than vice versa. It is interesting to see quotes in the Review-Journal article like teenagers who are out too late represent "trouble waiting to happen" and they are "a population that's victimized most be each other and by adult predators." This last one is rather curious: who else will victimize a teenager besides other teenagers and adults (there's no one else left!)? It is indeed ironic that we impose curfew laws on youth so that they can stay at home, where the likelihood of them being victimized is far greater than out on the streets with their friends! Likewise with young girls who, as Sally Huncovsky (Clark County Juvenile Justice Services) is quoted as saying, will come into contact with adult felons. Right, but who gets arrested most often, the pimps or the girls prostituting themselves? Where is the curfew against pimps?
It is not being suggested that our younger citizens do not need protection, for indeed they do, but from their own families inside their own homes! Indeed, referrals to Juvenile and Family Court Services that have risen the fastest in recent years fall under the category of abuse and neglect, not major felonies. Perhaps we should take seriously the television ad (that we no longer see much of these days) that states something like: "It's 10 o'clock at night. Do you know where your parents are?"
Las Vegas Review-Journal, 10/3/99
Update: Periodically a community reacts against a sudden increase in various kinds of juvenile crime by calling for either new forms of curfew laws or stricter enforcement of existing laws. For one of the best studies on curfew laws and their lack of effectiveness see Mike Males and Dan Macallair, AAn Analysis of Curfew Enforcement and Juvenile Crime in California,@ Western Criminology Review (on-line: http://wcr.sonoma.edu/v1n2/males.html).