NCJ Number
159570
Journal
Harvard Law Review Volume: 107 Dated: (1994) Pages: 1693-1710
Date Published
1994
Length
18 pages
Annotation
This analysis of the effectiveness of curfews as a method of addressing the problem of juvenile gangs considers the perspectives of civil libertarianism, communitarianism, and critical race theory and concludes that in theory and in practice, juvenile curfews offer only a marginal response to the problem of gang violence.
Abstract
Cities across the country have chosen juvenile curfews, which lie between traditional law enforcement and long-term efforts to address the underlying social decay that promotes the formation of gangs. Each curfew covers different age groups, restricts different hours, applies different sanctions, and permits different exceptions. Civil libertarianism, communitarianism, and critical race theory all offer insights into the purpose and problems of curfews. Communitarianism suggests that curfews can enhance public safety and facilitate community organization. In contrast, civil libertarianism emphasizes the threat posed by overly restrictive curfews and the need for vigorous judicial review. Critical race theory refines the warning of civil libertarianism by noting that curfews may be overtly or covertly motivated by racial bias and may contribute to destructive racial stereotyping. Even with judicial review, curfews remain a limited and inadequate response to the gang problem. If chosen, curfews should be part of a comprehensive response to the social and economic problems of urban areas and must not become an end in themselves. Footnotes