NCJ Number
66853
Journal
Wayne Law Review Volume: 25 Issue: 1 Dated: (NOVEMBER 1978) Pages: 115-133
Date Published
1978
Length
19 pages
Annotation
DUE PROCESS RIGHTS CUSTOMARILY VIOLATED IN MASS ARRESTS, REMEDIES AVAILABLE TO MASS ARRESTEES WHOSE RIGHTS HAVE BEEN VIOLATED, AND WAYS OF ENSURING DUE PROCESS IN MASS ARRESTS ARE DISCUSSED.
Abstract
PATTERNS OF MASS ARRESTS WHICH OCCURRED DURING DEMONSTRATIONS IN THE 1960'S AND EARLY 1970'S SHOWED A DISREGARD FOR DUE PROCESS RIGHTS GUARANTEED BY THE CONSTITUTION. THE ESTABLISHMENT OF PROBABLE CAUSE TO LINK THE INDIVIDUAL ARRESTED TO THE ALLEGED CRIME WAS TREATED WITH INDIFFERENCE BY MANY ARRESTING OFFICERS. ARRAIGNMENT PROCEDURES, WHICH INVOLVE INFORMING ARRESTEES OF THE CHARGES AGAINST THEM, NOTIFICATION OF THE RIGHT TO COUNSEL, AND THE SETTING OF BAIL AND THE DATE OF THE PRELIMINARY EXAMINATION, WERE SELDOM CONDUCTED SPEEDILY OR PROPERLY. RIGHTS DURING THE CONFINEMENT OF MASS ARRESTEES WERE FREQUENTLY VIOLATED WHEN CONFINEMENT MEANT OVERCROWDED FACILITIES, INADEQUATE TOILET FACILITIES, LACK OF PROMPT MEDICAL CARE, AND SHORTAGES OF FOOD. REMEDIES AVAILABLE TO A MASS ARRESTEE FOR RIGHTS VIOLATIONS PRIOR TO, DURING, OR FOLLOWING ARREST CAN BE DIVIDED INTO TWO CATEGORIES: 'RETRIBUTIVE' REMEDIES SUCH AS EXPUNGEMENT, DAMAGE SUITS, AND HABEAS CORPUS PROCEEDINGS WHICH PROVIDE COMPENSATION AND RELIEF FOR PAST AND PRESENT VIOLATIONS; AND 'AFFIRMATIVE' REMEDIES SUCH AS INJUNCTIONS WHICH PROVIDE FOR THE PREVENTION OF FUTURE ABUSES. ESTABLISHMENT OF PROBABLE CAUSE IN MASS ARREST SITUATIONS COULD BE CLARIFIED BY ORDINANCES THAT APPLY TO UNDESIREABLE BEHAVIOR IN THE COURSE OF MASS DEMONSTRATIONS. POLICE OFFICERS SHOULD BE REQUIRED TO DEFINE PROBABLE CAUSE IN A REPORT MADE AT THE ARREST SITE TO ENCOURAGE THEM TO GIVE THOUGHT TO THE PROBABLE CAUSE BASIS BEFORE MAKING AN ARREST. ARRAIGNMENT AND CONFINEMENT RIGHTS COULD BE PRESERVED BY PLANNING FOR ADEQUATE FACILITIES AND PERSONNEL. INJUNCTIONS AS RELIEF FOR ARRESTEES SHOULD BE TREATED MORE POSITIVELY BY THE COURTS FOR PROPER STANDARDS OF ARREST AND PROCESSING TO BE DEVELOPED AND IMPLEMENTED. FOOTNOTES ARE PROVIDED. (RCB)