Juvenile Curfew Considerations

1
Juvenile Curfew Considerations

• Arlington Police Department
• November 2006

2
Background

• At the request of Mayor and Council, the Police
  Department has periodically reported juvenile
  crime and victimization data since 1994.
  Previous Councils have considered this
  information in their discussions on juvenile
  curfews.
• The Police Department last updated the Mayor and
  City Council in September 2005

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During this presentation, well discuss

• Curfew Basics- How they Work
• Authorizing Environment
• Popular
• Legal
• Background/Dallas Juvenile Curfew
• Exceptions to Curfew Ordinance
• Recent Court Cases
• Operational
• Economic
• Issues to Consider
• Conclusion

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How Do Curfews Work?

• A curfew allows officers to ask individuals who
  appear to be younger than age 17 and are in a
  public place during curfew hours to identify
  themselves and provide proof of age.
• If the person is under 17, the officer transports
  the child to a holding facility, notifies and
  waits for the childs parents or guardian to pick
  up the child.
• The officer may issue a citation to the child,
  parent or guardian for allowing violation of the
  curfew.

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• The purpose of this presentation today is to
  provide information on legal, popular,
  operational and economic considerations in
  determining the propriety of a juvenile curfew in
  Arlington.

6
Authorizing Environment
Public Opinion
Legal
Economic Reality
Operational Impact
7
Authorizing Environment
Legal
Public Opinion
Economic Reality
Operational Impact
8
Potential Curfew Benefits

• A curfew can be an effective tool for an officer
  to use in response to neighborhood youth disorder
  and neighborhood intimidation problems
• A curfew can be used by officers as grounds to
  approach and question youths about their
  activities
• Some juvenile curfew programs may help deter
  juveniles from joining gangs
• Enacting a curfew may help reduce fear of crime
• A curfew provides parents a tool to keep their
  children at home (during curfew hours)

9
Authorizing Environment
Legal
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Objectives of a Curfew

• The most common interests on which cities have
  based and defended juvenile curfew ordinances
  include
• Protecting the public from illegal acts of minors
  committed during curfew hours
• Protecting minors from criminal activity during
  curfew hours
• Protecting minors from improper influences that
  prevail during curfew hours

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Legal Perspective

• Legal rationale is required in justifying a
  juvenile curfew.
• The 5th U.S. Circuit Court of Appeals has ruled
  that curfew provisions, to pass constitutional
  scrutiny, must demonstrate a compelling state
  interest and ensure that the curfew restrictions
  are narrowly tailored to the laws objective.

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Therefore, if a curfew is designed to achieve
these objectives

• Protecting the public from illegal acts of minors
  committed during curfew hours
• Protecting minors from criminal activity during
  curfew hours
• Protecting minors from improper influences that
  prevail during curfew hours

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Then it must address the issues it intends to
resolve without creating undue hardship on
innocent persons.The courts thus far have
ruled that the Dallas Juvenile Curfew ordinance
passes this legal test.
14
Dallas Juvenile Curfew

• The City of Dallas enacted a juvenile curfew
  ordinance in 1991.
• In 1994, the 5th U.S. Circuit Court of Appeals
  upheld the Dallas juvenile curfew ordinance (Qutb
  v. Strauss).
• A key component to the Courts decision in this
  case was Dallas stated interest in enacting the
  ordinance, to reduce juvenile crime and
  victimization while promoting juvenile safety and
  well-being.
• Many cities, including Fort Worth and Grand
  Prairie, enacted juvenile curfews based on the
  Dallas Ordinance.

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Dallas Juvenile Curfew

• A major strength of the Dallas ordinance lies in
  the exceptions created for the individuals
  engaged in legitimate activities, including

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Exceptions to Curfew

• Juvenile Accompanied by parent or guardian
• Interstate Commerce/Travel Activities protected
  by the U.S. Constitution
• 1st Amendment Activities (meetings/rallies)
• Travel to/from Work
• Emergency/Necessity
• Married/Emancipated Juvenile
• Attending a Civic, School or Religious Activity
• On sidewalk in front of residence or neighboring
  residence

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Thus, although

• A curfew allows officers to ask individuals who
  appear to be younger than age 17 and are in a
  public place during curfew hours to identify
  themselves and provide proof of age. For those
  who meet the exceptions

No arrest, detention or citation action can be
taken.
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Juvenile curfews in other states are being
challenged. The US Supreme Court has not yet
ruled on the constitutionality of curfews.
Recent court cases in other US circuit courts
indicate juvenile curfews may be moving out of
favor with the judiciary.
19
Recent Court Cases

• The 2nd U.S. Circuit Court of Appeals (2003)
  struck down a curfew ordinance (Ramos v. Town of
  Vernon) the Town did not present evidence that
  most crimes involving juveniles were occurring
  during curfew hours.
• In Hodgkins v. Peterson (2004), the 7th Circuit
  Court overturned an Indiana curfew because the
  threat of arrest, unduly chills the exercise of
  a minors First Amendment rights.
• The Florida Supreme Court (2004) struck down
  curfew ordinances in Tampa and Pinellas Park,
  because they targeted minors who were simply
  night owls, and criminally punished parents and
  shop owners.
• The U.S. Supreme Court has yet to rule on the
  constitutionality of a juvenile curfew ordinance.

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Authorizing Environment
Public Opinion
Legal
Economic Reality
Operational Impact
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Operational Impacts

• The following chart shows the percentage of
  reported crime committed by juveniles during the
  proposed midnight to 600 AM curfew hours.
• Courts have tended to uphold curfew ordinances
  that were enacted after a pattern of increasing
  juvenile crime was established.

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Statistics Presented 9/12/06

• The following statistics were presented to the
  Community and Neighborhood Development Committee
  on September 12
• These categories (sex, violent, assault offenses)
  have been utilized in reports to Mayor and
  Council since 1994
• These statistics include offenses where juveniles
  were identified as being involved as victims
  and/or suspects

23
Arlington StatisticsJanuary 1, 2003 June 30,
2005 (30 months)
Presented to CND Committee on 9/12
Note Calculations were based on offenses where
age and time of day could be determined. Per
2000 Census, 27.6 of Arlingtons population is
17 years old or younger.
24
Arlington StatisticsJuly 1, 2005 June 30, 2006
(most recent 12 months)
Presented to CND Committee on 9/12
Note Calculations were based on offenses where
age and time of day could be determined. Per
2000 Census, 27.6 of Arlingtons population is
17 years old or younger.
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Statistics Presented 9/26/06

• The following statistics were presented to the
  Community and Neighborhood Development Committee
  on September 26
• These statistics were prepared at the Committees
  request to see all crime categories as opposed
  to just sex, violent, assault crimes
• These statistics include offenses where juveniles
  were identified as being involved as victims
  and/or suspects

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Arlington StatisticsJanuary 1, 2003 June 30,
2005 (30 months)
Presented to CND Committee on 9/26
Top 5 Offenses Involving Juveniles midnight 6
am Criminal Mischief Report, Vehicle Burglary,
Assault Report, Theft Report, Domestic
Assault. Top 5 Calls where Citations Issued to
Juveniles midnight 6 am Criminal Mischief
Report, Fighting, Theft Report, Drug
Paraphernalia, Minor In Possession (Alcohol)
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Arlington StatisticsJuly 1, 2005 June 30, 2006
(12 months)
Presented to CND Committee on 9/26
Top 5 Offenses Involving Juveniles midnight 6
am Vehicle Burglary, Criminal Mischief Report,
Theft Report, Assault Report, Rape Report Top 5
Calls where Citations Issued to Juveniles
midnight 6 am Miscellaneous Offense, Failure
to Identify, Minor In Possession (Alcohol), Drug
Paraphernalia, Criminal Mischief Report
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Statistics Presented Today

• Todays statistics were prepared at the
  Committees request for
• Comprehensive list of crimes committed during
  curfew hours
• Clearance rates for different types of crime
• Information regarding unreported crime
• Citations issued to non-Arlington residents
  during curfew hours
• List of crimes most likely committed by juveniles
  
• Comparison of Juvenile to Young Adult to Adult
  suspects
• Map of juvenile offenses committed during curfew
  hours in Arlington
• Statistics related to police response to popular
  teen venues
• Cowboys (teen night), Skatium, Six
  Flags/Hurricane Harbor
• These statistics include offenses where juveniles
  were identified as being involved as victims
  and/or suspects

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This density map illustrates all juvenile
involved crimes committed during potential curfew
hours between January 2003 and June 2005
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This map shows all crimes committed by
individuals 17 and over during potential curfew
hours between January 2003 and June 2005
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This density map illustrates all juvenile
involved crimes committed during potential curfew
hours between July 2005 and June 2006
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This map shows all crimes committed by
individuals 17 and over during potential curfew
hours between July 2005 and June 2006
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Crimes By Age
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Clearance Rates - Arlington
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Clearance Rates National vs. Arlington
National 2005 UCR Clearance rates for cities
250,000 -499,999. Arlington 5 Year Average
Clearances
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Unreported Crime

• Statistics regarding unreported crime are
  estimated by the Bureau of Justice Statistics
  each year in their National Crime Victimization
  Survey
• 135,000 individuals from 77,000 households are
  surveyed
• The 2005 Survey Estimates
• 47 of violent crimes are reported to police
• 40 of property crimes are reported to police
• Only 25 of violent crimes against juveniles aged
  12-14 are reported to police
• A downward trend in juvenile victimization for
  2004-05 vs. 2002-03
• 2.5 decline for 12-15 year olds, 19 decline for
  16-19 year olds
• BJS also reports that juvenile victimization fell
  over 50 from 1993-2003
• 38 of violent crime (all times of day) involve a
  juvenile victim or a suspect perceived to be a
  juvenile by the victim

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Non-traffic Citations Issued To Non-Arlington
Juveniles (During Potential Curfew Hours)

• A total of 43 citations were issued to
  non-Arlington juveniles during curfew hours
  during a 42 month period (January 1, 2003 June
  30, 2006)
• Most were from neighboring cities
• 13 from Fort Worth 13 from Grand Prairie
• Another 19 citations were issued to juveniles,
  but residency was not listed
• A total of 194 citations were issued to
  non-Arlington residents aged 17-24 during curfew
  hours during the same 42 month period

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Common Juvenile Crimes
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Popular Teen Venues

• Over a 42 month period (January 2003 through
  June 2006)
• 67 offenses occurred during curfew hours on
  teen nights
• 5 juveniles and 29 adults (age 17 or over) were
  arrested
• Locations studied included Cowboys and the nearby
  Total Gas Station, Hurricane Harbor/Six Flags,
  Arlington Skatium and nearby 7-11, Race Trac,
  Krogers and Tom Thumb

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January 2003 June 2005During Potential Curfew
Hours
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July 2005 June 2006During Potential Curfew
Hours
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Potential Juvenile Involvement

• During all times of day, juvenile suspects have
  been identified in about 19 of all criminal
  mischief offenses and 9 of vehicle burglaries.
• Juvenile suspects have been identified in about
  10 of criminal mischief offenses and 12 of
  vehicle burglaries occurring during potential
  curfew hours.
• While we dont know what we dont know, the
  same percentages may hold true for reported
  offenses where no suspect information is
  available.

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Statistically speaking

• Juvenile involvement in all criminal activity
  appears to be trending downward.
• A midnight to 600 AM juvenile curfew would help
  us address and reduce up to 4 of the crime
  during curfew hours and 0.5 of the total crime
  in Arlington, however
• There is no way to know at this time if criminal
  activity would be displaced to non-curfew hours
  and
• It is impossible to project the non-crime related
  impacts a juvenile curfew may have.
• APD findings are consistent with other
  independent local and national studies

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Issues to Consider

• The decision to implement a juvenile curfew will
  require weighing a number of issues, including
  legal, economic, operational, and popular
  interests.

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Issues to Consider

• Legal Questions
• Does the curfew protect the public from illegal
  acts of minors committed during curfew hours?
• Does it protect minors from criminal activity
  during curfew hours?
• Does it protect minors from improper influences
  that prevail during curfew hours?

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Issues to Consider

• Popular Interests
• A curfew can be an effective tool for an officer
  to use in response to neighborhood youth disorder
  and neighborhood intimidation problems
• A curfew can be used by officers as grounds to
  approach and question youths about their
  activities
• Some juvenile curfew programs may help deter
  juveniles from joining gangs
• Enacting a curfew may help reduce fear of crime
• A curfew provides parents a tool to keep their
  children at home (during curfew hours)
• What is the relative weight compared to the other
  interests?

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Issues to Consider

• Economic Impact
• Some businesses are swamped and closed because of
  young people leaving teen functions. This also
  happens with some adult venues.
• Other businesses rely on teens for labor or as
  their primary customer bases.
• The business community, particularly the
  hospitality cluster, should be queried on this
  issue.

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Issues to Consider

• Operational Issues
• Citywide, officers typically respond to
  approximately 200 calls between 10 p.m. 6 a.m.
  on Friday/Saturday nights 60 are Priority 1 or
  Emergency calls
• Officers waiting with juveniles until a parent or
  guardian arrives will be unavailable to answer
  more serious calls during peak times
• Response times will likely increase, particularly
  during peak hours
• Officers may face increased complaints from
  younger-looking adults

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Conclusion

• Our goal is to help make Arlington a city where
  people feel safe anywhere all the time.
• As with all other ordinances, the Arlington
  Police Department is prepared to follow the
  direction of the City Council on enforcing a
  juvenile curfew.

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QUESTIONS?
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