San Diego, CA - Events Local News Contact
San Diego City Council: Stop Curfew Sweeps in San Diego, California
By Cathy Mendonca, Aaron Leaf / change.org

What are curfew sweeps?
Curfew sweeps are organized deployments of teams of officers to arrest youth under the age of 18 on the street during curfew hours between 10 pm and 6am. Youth are taken to a make shift detention center at Cherokee Point Elementary School and parents are called to pick them up.

Curfews sweeps criminalize innocent low income youth
Regrettably to date, thousands of innocent youth have been arrested and detained, forced to pay large fees or attend a diversion program, for a fee. The overwhelming majority of youth were committing no crime at the time of their arrest. For most, this is their first contact with any type of law enforcement and for many the experience has a lasting negative effect.

Curfew sweeps do not keep youth safe nor do they reduce juvenile crime
There is no support for the hypothesis that jurisdictions with curfews experience lower crime levels, accelerated youth crime reduction, or lower rates of juvenile violent death than jurisdictions without curfews. In Houston, a curfew was introduced, and youth crime went down by 22%. But in New York, where no curfew exists, youth crime went down 30%. In Detroit and New Orleans, youth crime increased after curfews were introduced. And in San Francisco, youth crime went down after a curfew was repealed.

Curfew sweeps racially discriminate
These sweeps disproportionately target youth of color, and further contribute to pushing them into the prison systems. In San Diego, Latino and black youth make up 74% of the juvenile population in juvenile facilities. In San Diego, curfew sweeps are held bimonthly in City Heights and other communities of color in southeast San Diego compared to infrequent or nonexistent sweeps in other areas of the city. Mira Mesa for example has a higher crime rate than City Heights however there are no regular sweeps there.

Curfew sweeps usurp the rights of parents
The United States Supreme Court has repeatedly recognized that curfew sweeps violate rights of parents to direct the upbringing of their children. They ruled that these were “fundamental” parental rights. in past California curfew law cases the Court of Appeals ruled “ The child is not the mere creature of the state; those who nurture [them] and direct [their] destiny have the right and the high duty, to recognize and prepare [them] for additional obligations.”

Curfew sweeps are unconstitutional
Curfew measures violate the 1st, 4th, 9th, and 14th amendment constitutional rights of children and parents.In 1997, in a federal case addressing the issue of curfews, Nunez v. San Diego, 114 F.3d 935, 949 (9th Cir. 1997), the Court of Appeals ruled that a juvenile curfew ordinance violated the fundamental right of minors to move about freely. In the case of a D.C. curfew Act, U.S. District Court Judge Emmet G. Sullivan ruled curfews to be “flatly unconstitutional”.In the case of a D.C. curfew Act, U.S. District Court Judge Emmet G. Sullivan ruled curfews to be “flatly unconstitutional”

According to the National Council on Crime and Delinquency (NCCD), curfew enforcement is often ineffective and unnecessarily funnels large numbers of non delinquent youth into a criminal justice system that is already inundated with alleged offenders. In addition, some opponents cite a lack of evidence supporting the efficacy of curfew legislation. According to the literature review conducted by Ruefle and Reynolds, little or no recent evidence indicates that curfew initiatives have an effect on juvenile crime, nor has research addressed the impact of curfews and their enforcement on the criminal justice system as a whole.

The American Civil Liberties Union (ACLU), argues that curfew measures violate the constitutional rights of children and parents. Legal challenges to the constitutionality of curfew laws are most often based on the 1st, 4th, 9th, and 14th amendments to the U.S. Constitution, according to a recent report by OJJDP. Opponents of curfew ordinances are concerned with the restrictive nature of these laws and the limitations on a youth's first amendment right to free speech and association. Others argue that curfews give law enforcement excessive power to detain children without probable cause and subject them to police questioning in violation of the fourth amendment's guarantees against unreasonable search and seizure. Additional legal challenges to curfew laws have been based on the ninth amendment, which has been interpreted as providing a privacy right applicable to parents rearing children. Yet other critics argue that curfews violate the equal protection clause of the 14th amendment by establishing a suspect classification based solely on the age of a group of individuals.Some groups, like NCCD, fear that this classification may result in a disparate enforcement of curfew initiatives, to the detriment of minority youth. Further, some court cases have struck down curfew laws because they are vague and overreaching, not because they violate fundamental rights.
http://www.ojjdp.gov/pubs/reform/ch2_c.html

 

0.0 ·
0
What's Next
Trending Today
Rap News Special Edition: Hillary Clinton Vs Donald Trump
7 min · 19,838 views today · Hello world. RAP NEWS is back for a special episode on the 2016 USA Election mayhem, feat. Hillary Clinton vs Donald Trump + a touch of Jill Stein & Gary Johnson. This one's...
When You Kill Ten Million Africans You Aren't Called 'Hitler'
Liam O'Ceallaigh · 11,116 views today · Take a look at this picture. Do you know who it is? Most people haven’t heard of him. But you should have. When you see his face or hear his name you should get as sick in...
Ten Ways We Misunderstand Children
Jan Hunt · 9,549 views today · 1. We expect children to be able to do things before they are ready. We ask an infant to keep quiet. We ask a 2-year-old to sit still. We ask a 3-year-old to clean his room...
The Culture of Maximum Harm
Daniel Quinn · 5,371 views today · People have lived many different ways on this planet, but about ten thousand years ago there appeared one people who believed everyone in the world should live a single...
Prince Ea Just Put The School System on Trial and Found it Guilty of Killing Free Thought
6 min · 4,593 views today · Albert Einstien once said "Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid". Today Prince...
The Little Engine That Couldn't: How We're Preparing Ourselves and Our Children for Extinction
Daniel Quinn · 4,498 views today · In a recent semi-documentary film called Garbage, a toxic waste disposal engineer was asked how we can stop engulfing the world in our poisons. His answer was, "We'd have to...
Debt, Inequality and the Logic of Financial Violence
David Graeber · 3,074 views today · Five years after Occupy, organizer and anthropologist David Graeber speaks to ROAR about the power of finance, the history of inequality and the legacy of the movement.
What It Really Means to Hold Space for Someone
Heather Plett · 2,809 views today · How to be there for the people who need you most
The Left Deserves Better Than Jill Stein
Kate Aronoff · 2,803 views today · Stein’s Green Party run doesn’t offer a plan to win, or to build power. The Left is capable of so much more.
How You Can Support Standing Rock
Thane Maxwell · 1,856 views today · This is your pipeline battle too. Whatever you have to offer, we need it. Wherever you are, take one step deeper. Find your voice. Find your own front lines.
Incredible Photographs and Witness Statements from Charlotte and Baton Rouge Protests
Mankaprr Conteh · 1,663 views today · On September 20, a black father named Keith Lamont Scott was fatally shot by an officer of the Charlotte-Mecklenburg Police Department. It is not clear if he was armed...
The Journey From Syria (2016)
71 min · 1,488 views today · Reporter Matthew Cassel spent a year documenting the journey of Syrian jeweler Aboud Shalhoub as he travels from Turkey to Greece, and through Eastern Europe to the Netherlands...
The International Criminal Court May Start Prosecuting People Who Commit Crimes Against the Environment
Tara Smith · 1,439 views today · The International Criminal Court is not known for prosecuting people responsible for huge oil slicks, chopping down protected rainforests or contaminating pristine land. But...
This Satirical Trump Vs. Bernie Debate Is Both Hilarious and Highly Disturbing
44 min · 1,428 views today · Comedians James Adomian (Bernie Sanders) and Anthony Atamanuik (Donald Trump) bring two of the most controversial candidates in history, head-to-head, or rather bald-to-toupee...
Kids Killed by Guns: America's Daily Nightmare
3 min · 1,325 views today · On an average day in America, seven children and teenagers will be shot dead.Gary Younge tells the stories of the lives lost on one random day - 23 November 2013. Ten children...
Olympian John Carlos on the Power of Protest
3 min · 1,253 views today · 1968 Olympic athlete John Carlos protested racial inequality by raising his fist in a Black Power salute on the medal stand. He has some advice for athletes like Colin...
John Lennon's "Imagine," Made Into a Comic Strip
John Lennon. Art by Pablo Stanley · 1,192 views today · This is easily the best comic strip ever made.  Pabl
Humanity's Greatest Challenges Aren't Technical, They're Human
8 min · 1,092 views today · Maslow's Hierarchy of Needs is incomplete as we commonly know it. Later in his life, Maslow wrote about a stage beyond self-actualization. Nichol Brandford explains how to...
Yemen's Forgotten War and Famine Fuelled by Weapons from The West
3 min · 1,017 views today · The world has forgotten the war in Yemen but you'll remember these shocking images of its starving children.
Schooling the World (2010)
66 min · 936 views today · If you wanted to change an ancient culture in a generation, how would you do it? You would change the way it educates its children. The U.S. Government knew this in the 19th...
Load More
Like us on Facebook?
San Diego City Council: Stop Curfew Sweeps in San Diego, California