NCJ Number
9821
Date Published
1971
Length
36 pages
Annotation
DELINEATION OF THOSE ASPECTS OF A RIOT WHICH HAVE CAUSED CONFUSION AND MISUNDERSTANDING, BY DEFINITION AND FROM EMERGING LEGAL PRACTICES AND CONCEPTS.
Abstract
DEFINITIONALLY A RIOT CAN BE A CATCH-ALL CATEGORY UNDER WHICH MOST ANTI-SOCIAL BEHAVIOR MAY BE PROSECUTED OR IT CAN BE A SPECIFIC OFFENSE WHERE CERTAIN ELEMENTS HAVE TO BE MET. THE FIRST HALF OF THIS STUDY DEALS WITH RIOT DEFINITION AND DISTILLS THE FOLLOWING FROM AVAILABLE CASE LAW- A RIOT IS AN ASSEMBLAGE OF THREE OR MORE PERSONS FOR ANY PURPOSE, WHO USE FORCE OR VIOLENCE AGAINST PERSONS OR PROPERTY, OR IN THE ALTERNATIVE, AN ATTEMPT OR THREAT TO USE FORCE, COUPLED WITH POWER OF IMMEDIATE EXECUTION, AND RESULTING IN A DISTURBANCE OF THE PEACE. A NUMBER OF CASES ARE DISCUSSED WHICH ILLUSTRATE THE COURT AND CONSTITUTIONALLY PLACED BOUNDARIES ON RIOT CONTROL. THIS AUTHOR CONTENDS THAT NEW RIOT LEGISLATION IS NECESSARY TO ALLOW LOCAL LAW ENFORCEMENT AGENCIES TO QUELL A RIOT AT ITS INCEPTION AND TO INSURE A PERSON FREEDOM OF SPEECH.