NCJ Number
5275
Journal
Tulane Law Review Volume: 46 Issue: 3 Dated: (FEBRUARY 1972) Pages: 367-445
Date Published
1972
Length
128 pages
Annotation
SUGGESTIONS FOR A FORMAL CONCEPTUAL SEPARATION OF THE LAW AS IT RELATES TO LAW ENFORCEMENT AND AS IT RELATES TO KEEPING THE PEACE.
Abstract
BREACH OF PEACE IS A GENERIC TERM THAT INCLUDES A VARIETY OF OFFENSES. THERE ARE TWO KEY ELEMENTS IN AN ACTION FOR BREACH OF PEACE - ONE IS THAT IT MUST INVOLVE BEHAVIOR THAT IS PUBLIC AND TWO, IT MUST REFER TO BEHAVIOR THAT COULD LEAD TO PHYSICAL CONFLICT. THERE IS MUCH OVERLAP AND DUPLICATION OF STATE AND LOCAL ORDINANCES REGARDING BREACH OF PEACE. THE AUTHOR STATES THAT IN MANY CASES POLICE AND COURT INTERVENTION ARE UNWARRANTED. WHERE INITIAL INTERVENTION IS ALL THAT IS REQUIRED OR THE BEST THAT CAN BE DONE, HE STATES THE MATTER SHOULD END THERE. WHERE, HOWEVER, COMMUNITY RESOURCES MAY BE BROUGHT TO BEAR ON UNDERLYING PROBLEMS, THOSE RESOURCES SHOULD BE MADE AVAILABLE OUTSIDE THE CONTEXT OF THE CRIMINAL LAW. CRIMINAL LAW SHOULD BE USED ONLY IN CASES OF SEVERE HARM OR REPETITIVE BEHAVIOR FOR WHICH THERE IS NO OTHER IMMEDIATELY AVAILABLE SOLUTION. IN ADDITION TO PROPOSING A CIVIL ORDER MAINTENANCE STATUTE, THE AUTHOR ALSO PRESENTS A SUMMARY OF ENGLISH AND U.S. LAWS DEALING WITH BREACH OF PEACE. AUTHOR ABSTRACT MODIFIED