Chapter 13--The Administration of Justice Under Emergency Conditions In many of the cities which experienced disorders last summer, there were recurring breakdowns in the mechanisms for processing, prosecuting and protecting arrested persons. These resulted mainly from long-standing structural deficiencies in criminal court systems, and from the failure of communities to anticipate and plan for the emergency demands of civil disorders. In part, because of this, there were few successful prosecutions for serious crimes committed during the riots. In those cities where mass arrests occurred many arrestees were deprived of basic legal rights. The Commission recommends that the cities and states: * Undertake reform of the lower courts so as to improve the quality of justice rendered under normal conditions. * Plan comprehensive measures by which the criminal justice system may be supplemented during civil disorders so that its deliberative functions are protected, and the quality of justice is maintained. Such emergency plans require broad community participation and dedicated leadership by the bench and bar. They should include: * Laws sufficient to deter and punish riot conduct. * Additional judges, bail and probation officers, and clerical staff. * Arrangements for volunteer lawyers to help prosecutors and to represent riot defendants at every stage of proceedings. * Policies to ensure proper and individual bail, arraignment, pre-trial, trial and sentencing proceedings. * Procedures for processing arrested persons, such as summons and release, and release on personal recognizance, which permit separation of minor offenders from those dangerous to the community, in order that serious offenders may be detained and prosecuted effectively. * Adequate emergency processing and detention facilities. Chapter 14--Damages: Repair and Compensation The Commission recommends that the federal government: * Amend the Federal Disaster Act-which now applies only to natural disasters--to permit federal emergency food and medical assistance to cities during major civil disorders, and provide long-term economic assistance afterwards. * With the cooperation of the states, create incentives for the private insurance industry to provide more adequate property-insurance coverage in inner-city areas. The Commission endorses the report of the National Advisory Panel on Insurance in Riot-Affected Areas: Meeting the Insurance Crisis of our Cities.
Posted on: Tue, 09 Dec 2014 14:06:37 +0000
Recently Viewed Topics
© 2015