SELECTED SUBSTANTIVE PROBLEMS IN THE ADMINISTRATION OF CRIMINAL JUSTICE DURING CIVIL DISORDER

• NCJ Number: 10001
• Author(s): H FRIEDMAN
• Date Published: Unknown
• Length: 34 pages
• Sponsoring Agency: National Commission on the Causes & Prevention of Violence
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

RECOMMENDATIONS EMPHASIZING THE PROTECTION OF INDIVIDUAL RIGHTS AND RIGHTS AND LIBERTIES THREATENED BY POLICE AND COURT ACTIONS DURING PERIODS OF CIVIL DISORDER.

Abstract

THE AUTHOR SUGGESTS THAT LOCAL EXECUTIVES BE GRANTED BROAD POWERS TO DEAL WITH CIVIL UNREST DURING EMERGENCIES, SUCH AS RESTRICTING SALES OF CERTAIN PRODUCTS AND REGULATING CURFEWS. IN ADDITION, HE RECOMMENDS THAT CURFEW, ARREST, AND CRIMINAL CHARGING POLICIES SHOULD BE PRE-DETERMINED, SINCE JUDGMENT ERRORS IN THESE AREAS HAVE OFTEN INFLAMED, RATHER THAN QUELLED, CIVIL DISTURBANCES. POLICE AND DETENTION PROCEDURES, LIKEWISE, SHOULD BE PLANNED PRIOR TO CRISES, SINCE ONCE CRITICAL SITUATIONS ARISE, IT MAY BE TOO LATE TO AVOID INHUMAN CONCENTRATION CAMPLIKE DETENTION. INNOVATIVE TRIAL PROCEDURES, BAIL, AND RELEASE ON RECOGNIZANCE WOULD EASE THE CRITICAL BURDEN WHICH HAS CAUSED JUDICIAL COLLAPSE IN THE PAST. FINALLY, PROVISION OF DEFENSE COUNSEL FOR THOSE ARRESTED AT THE EARLIEST POSSIBLE TIME, THE AUTHOR SUGGESTS, IS THE WISEST COURSE TO FOLLOW.