The U.S. is overly protective of children and young adults. We can't drink alcohol until 21 and many cities have curfew laws for kids up to the age of 16 or so. My city has a curfew for those 16 and under. They can't be out after 11 pm during the week and after 12:30 am on weekends.
Well, I don't know; why are 15 year olds walking the streets at 1 a.m.? Something is wrong there 99.99% of the time. I don't think they should be arrested though, just returned home. I had cuffs thrown on me for curfew when I was 16 or so. No arrest, but seriously, cuffed and thrown into a pen.
This kind of thinking, right here is a problem. The "something is wrong there" assumption is wrong all too often. The assumption that the situation requires cops is wrong too - the wrong thing is most likely a parenting issue and should be dealt with by parents.
Do not take me wrong, I do plan to restrict my kids movements in age appropriate ways and if they are out at 1 a.m. it better be for good reason and with my prior approval.
However, even if it is without mu approval, the appropriate punishment is not cuffing nor arresting them. That kind of thing should be reserved for potential criminals that are flight risk or about to be violent. Teaching teens that arrests are normal part of life and done for normal growing up infractions teenagers occasionally commit in all parts of world is inherently wrong.
"Should be dealt with by parents", I agree. Often, it is not, so the community has to do something. I don't mind a curfew for kids, but I don't think it should be a criminal offense either.
As others have said, they only apply to minors (under 18) and are usually restricted to certain hours and days. And they can vary depending on the cities, counties and states. It can be a kinda confusing mishmash of laws for those who live near the borders.
I grew up outside Knoxville, Tennessee. The curfew in the city was 17-18, Monday-Thursday, 11pm-6am, Friday-Sunday, Midnight-6am. 16 and under, subtract an hour from when curfew began. There were all sorts of exceptions, too. Like if you were coming home from work, accompanied by a parent, coming home from a school activity, etc.
But I lived out in the county, where there was no curfew law. Pretty much the only time I crossed into the city limits was to work and go to school. So it's weird driving in one area where being out is a crime, but you cross through this one intersection and suddenly it's not a crime anymore.
Add to that, it is ... irregularly enforced, to put it best. I was out pretty late at times when I was 17, and never had any issues. I even got pulled over once in town at 1am for speeding. I had been over at my friend's house playing Dungeons and Dragons and lost track of time. I was just told to slow down and go home.
It seems like one of those laws that is a "convenience law." I.e., it's there for the convenience of the police if they see something suspicious and want to question you, or something they can hit you with if they don't like your attitude.
It seems like one of those laws that is a "convenience law." I.e., it's there for the convenience of the police if they see something suspicious and want to question you, or something they can hit you with if they don't like your attitude.
That that simply to provide something to charge you with? If you are acting suspicious, surely they have the power to question you anyway curfew law or no curfew law?
That was poorly phrased. Let me see if I can do better.
Simply being out late is not sufficient reason to be stopped or questioned for most people. It gives them a reason to stop and question people who are out late and may be up to no good. If you look young enough that you might be out after curfew, that's reason enough for them to stop and ask you for identification.
Obviously, if they see you doing something illegal, they're going to stop you. But simply "being suspicious" can involve a wide range of things, and curfew laws give the police a reason to, at the very least, ask for identification if you look like you might be underage.
In general, I think these laws are intended to deter gang activity and what people might refer to as "anti-social behavior" elsewhere (petty crime, graffiti, etc). As a result, I'm betting they are more heavily enforced in inner city areas rather than in suburbs or rural areas.
Sure but that not the most useful aspect of this. If you are out past curfew and underage you've committed a crime. The police officer has a specific and arcticuble reason to perform a terry stop and search you. If they find something illegal on you that's a bonus but now you're trapped. Its an easy way to establish probable cause and gain compliance.
Even better is looking young and driving past curfew. Again this is the kind of thing officer will use for a PC stop. Sure you're 20 but the officer doesn't know than until you've been stopped and provided license, registration, and proof of insurance.
If they want to search you, they would need probable cause; simply "acting suspicious" isn't enough. Overly broad laws like this give them a convenient way of bypassing the 4th amendment.