Opponents Call Miami Teen Curfew Law Selective and a Violation of Teens’ Rights
Our Miami-Dade juvenile criminal defense attorneys were interested to see a recent article outlining the controversy over enforcement of the city’s teen curfew law. According to a May 16 article from the Miami Herald, newly stepped up enforcement of the law is causing controversy, among both teenagers and adults. The law forbids kids under 18 from being out on the streets unaccompanied after 11 p.m. on weeknights and after midnight on weekends. Its renewal was advocated city commissioner Richard P. Dunn II, who said the law is intended to “protect the children” and also to keep teenagers away from crime. Dunn encouraged the police to bring back the curfew after a series of shootings in his troubled north Miami district, including some with juvenile victims.
Miami stopped enforcing its curfew in 2004, when the state Supreme Court ruled similar ordinances in Tampa and Pinellas Park unconstitutional. That ruling criticized the curfews for targeting minorities and including improper criminal sanctions. In response, a local prosecutor said, criminal penalties were removed from the Miami law and exceptions were made; the main penalty for the teens is being picked up by parents at a police station. Nonetheless, a police officer and a group of teens both said teens aren’t staying home at night; they’re simply finding ways to stay out of officers’ sight. An attorney for the American Civil Liberties Union said she was concerned that the law was being enforced selectively, and the article noted that thus far, only teens in Dunn’s district have been cited. Dunn believes the curfew is working, noting that fights between juveniles and adults at teen clubs have stopped now that teenagers are sent home at midnight.
As Fort Lauderdale juvenile criminal defense lawyers, we’re not surprised that these fights have stopped with the curfew. Indeed, almost all crime could be stopped if no one were ever allowed on the street without the government’s permission -- but that doesn’t mean our society should be run that way. Essentially, a teen curfew law convicts all teenagers of crimes before they actually commit any. In addition to being against both the letter and the spirit of our justice system, this denies teenagers the opportunity to have independent experiences and make their own mistakes, an important part of growing up. It’s also worth noting that kids with legitimate errands, like a job that keeps them out late, could be unfairly cited. And as the ACLU attorney suggested, the law depends on police to use their judgment, which gives it potential for unequal enforcement -- according to the racial, gender and situational biases of the individual officers.
Law offices of Sebastian John Balliro, P.A. represents clients and families caught in the juvenile criminal justice system. In many cases, our clients are having their first brush with the criminal justice system, often because of an action they now regret. Depending on the violation, these mistakes can be harmless learning opportunities -- or they can be serious offenses that change the young person’s life. Our West Palm Beach juvenile criminal defense attorneys work hard to keep one mistake from disproportionately affecting a kid’s future. In some cases, that means defending the case to the fullest extent, using all the same evidentiary techniques we would use in an adult case. We have also had good luck arguing for alternative sentencing like community service or probation, rather than juvenile detention.
If your child is accused of a juvenile crime in Florida, you should call the experienced former prosecutors and public defenders at Balliro. To set up a free consultation, please contact us online or call 1-866-ARRESTED.
