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Violence and the Rule of Law

NCJ Number
80521
Journal
Journal of Offender Counseling, Services and Rehabilitation Volume: 5 Issue: 2 Dated: (Winter 1980) Pages: 5-18
Author(s)
D Applebaum
Date Published
1981
Length
14 pages
Annotation
The nature of violence, ethical perspectives of violence, and the function of law vis-a-vis violence are discussed. Particular attention is given to police brutality and prison violence.
Abstract
Violence can be defined as 'the maltreating, physically or psychologically, by injury, attack, or ill-use of persons or property, when engaged with great energy, or when especially incendiary or malicious in its forcefulness.' There is no general consensus that violence as so defined should be outlawed in all human interactions, since many view violence as a means of accomplishing a greater good than nonviolence. Freedom to pursue one's ideals and chosen goals, even if violence is required, is viewed by many as a value greater than nonviolence. Further, violence by law enforcement personnel is approved as a means of countering violent and threatening behavior against innocent citizens. Law enforcement's use of violence is also subject to law and departmental policy, so that it may not exceed that required to subdue offenders and ensure the safety of citizens. Every manifestation of violence should be analyzed as to its consequences should it go unchecked, so that laws may be designed to control excessive and dangerous violence. Thirty reference notes are listed.

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