NCJ Number
29570
Journal
Duke Law Journal Volume: 1975 Issue: 3 Dated: (AUGUST) Pages: 581-690
Date Published
1975
Length
90 pages
Annotation
DISCUSSION OF THE RIOT COMMISSION MODEL FOR THE CRIMINAL JUSTICE PROCESS IN AN EMERGENCY SITUATION AND SUGGESTIONS FOR ALTERNATIVES.
Abstract
THE PRIMARY PURPOSES OF THE CRIMINAL JUSTICE PROCESS DURING A CIVIL DISORDER ARE STATED TO BE THE PRESERVATION OR RESTORATION OF ORDER, THE PREVENTION OR LIMITATION OF CRIMES AGAINST PERSONS OR PROPERTY, AND THE MAINTENANCE OR RESTORATION OF THE ORDERLY FUNCTION OF GOVERNMENT. THE AUTHORS FEEL THAT A PREVENTIVE AND RESTORATIVE APPROACH WILL BE MORE LIKELY TO ACHIEVE THE RIOT COMMISSION GOAL OF RESTORING ORDER WITH A MINIMUM OF VIOLENCE THAN THE COMMISSION'S SUGGESTION OF IMMEDIATE MOBILIZATION OF MASSIVE CONTROL FORCES. CASE LAW RELATED TO MOBILIZATION OF MILITARY FORCES IN AN EMERGENCY SITUATION IS ALSO EXAMINED.