Miami Curfew Violation Charges for Juveniles

Miami Curfew Violation Charges for Juveniles

Miami-Dade County has a curfew law for minors under 17 years old. This law says minors can’t be out in public between 11pm-6am Sunday night to Thursday morning. It also says minors can’t be out between 12:01am-6am on Fridays, Saturdays and legal holidays.

The goal of the curfew is to protect minors from being victims of crime late at night. It also aims to prevent minors from committing crimes themselves during these hours. But many argue the curfew unfairly targets minority teens. Does it really work to reduce juvenile crime rates? Let’s take a closer look at the issues around Miami’s curfew law.

An Overview of Miami’s Curfew Law

Miami-Dade County Code Sec. 21-207 lays out the curfew restrictions. It says all minors under 17 can’t be in public places or businesses during curfew hours. The only exceptions are if the minor is:

• With a parent or guardian
• Involved in an emergency
• Attending an official event, like a school or religious event
• Working or going directly to/from work
• On an errand for a parent, with written permission
• Exercising First Amendment rights like freedom of speech, with parental permission

There are also daytime curfew hours for suspended students. They can’t be in public between 9am-2pm on school days.

Police can take violators into custody. They then call the parents to pick up the minor. Parents can face civil fines up to $500, and minors can face fines up to $50[1].

The History Behind Miami’s Curfew

Miami first passed a city-wide juvenile curfew in 1956. But the current county-wide curfew wasn’t adopted until 1994. It came after a big rise in violent juvenile crime in the 80s and early 90s. Dade County leaders thought an evening curfew would reduce gang violence, drug crimes, and other juvenile offenses.

The curfew has been controversial from the start. Critics argued it was unconstitutional and unfairly targeted black and Hispanic youth. But courts have upheld Miami’s right to impose the curfew. The laws have been amended over the years, but the core remains the same.

Does the Curfew Reduce Juvenile Crime?

Reducing juvenile crime was the main goal of the 1994 curfew. But studies on whether it worked have mixed results.

One study by FIU in 2000 found the curfew didn’t reduce violent juvenile crime. But it did reduce property crimes like burglary and theft. The authors argued the curfew should be kept, but needed better enforcement[2].

However, a 2011 study disputed these findings. It said the FIU study had flawed methods. It found Miami’s curfew didn’t lower any types of juvenile crime rates[3].

More recent data is needed to settle this debate. Many agree the curfew helps police control the streets late at night. But its direct impact on juvenile crime rates remains unclear.

The Enforcement of Miami’s Curfew

Miami police have changed how they enforce the curfew over the years. In the 90s, police did regular curfew sweeps, stopping kids out late at night. This led to thousands of arrests each year. Most kids were black or Hispanic, while few white kids were arrested[4].

Today, curfew enforcement is more passive. Police may ask kids out late why they’re out and tell them to go home. They rarely do proactive curfew sweeps anymore.

Still, critics say the curfew is enforced unevenly across racial groups. They argue it leads to more police stops of black and Hispanic youth. In 2019, 86% of curfew citations in Miami went to black or Hispanic kids[5]. More data is needed on patterns of discrimination in curfew enforcement.

The Debate Over the Curfew’s Constitutionality

Miami’s curfew has also faced lawsuits claiming it violates minors’ constitutional rights. Opponents argue it restricts freedom of movement and assembly without due process.

Federal courts have consistently upheld Miami’s curfew as constitutional. They ruled the curfew has a legitimate public purpose – reducing juvenile crime. And the law has exceptions that allow for protected activities like attending events or exercising speech rights.

But some legal scholars argue curfews still violate the spirit of minors’ constitutional rights[6]. They propose making curfews voluntary programs instead of compulsory laws. For now, the courts say Miami’s curfew is legal, but debate continues on the ethics.

Should Miami Keep, Amend or Repeal the Curfew?

Given mixed evidence on effectiveness and concerns over fairness, many call for changing Miami’s curfew law. Some propose keeping but amending the law, while others call for repeal.

Possible amendments include:

• Raise the age limit from 17 to 18
• Shorten the curfew hours
• Increase exceptions for protected activities
• Require warnings before citations
• Prohibit racial profiling in enforcement

Supporters argue these changes could make the curfew more fair and focused on crime reduction.

Others call for repealing Miami’s curfew entirely. They don’t believe curfews effectively or ethically reduce crime. And they argue police should use other means to control juvenile crime that don’t restrict civil liberties.

Miami-Dade County is reviewing the curfew in 2023. They are considering changes based on data and community input. The future of Miami’s juvenile curfew laws remains uncertain.

Conclusion

Miami’s juvenile curfew has sought to reduce youth crime since 1994. But its impact remains questionable, according to research. Critics also argue the curfew unfairly targets minority youth and violates rights.

Possible changes to the law are being considered, ranging from amendments to repeal. The debate involves balancing rights, fairness and public safety. Miami’s leaders have some difficult choices to make about the future of the city’s curfew.

Sources

[1] http://miamidade.elaws.us/code/coor_ch21_artxiii_sec21-210

[2] https://caplinnews.fiu.edu/miami-dade-countys-juvenile-curfew-does-it-work/

[3] https://www.tandfonline.com/doi/abs/10.1080/07418825.2011.555421

[4] https://www.nytimes.com/1996/10/18/us/miami-s-curfew-for-youths-is-ruled-unconstitutional.html

[5] https://www.nbcmiami.com/news/local/south-florida-cities-with-youth-curfews-report-low-arrest-numbers/2112189/

[6] https://scholarship.law.berkeley.edu/bjcl/vol17/iss2/5/