Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Faculty Publications
Mob violence can inflict devastating costs. Although typically wrought by private individuals, the incidence of riot as well as extent of riot harm often turn on the adequacy of police preparation and planning. Under the English common law, local governments were responsible for providing riot protection for their denizens. In keeping with the English tradition, early state laws in the United States also provided for communal riot responsibility, and when the states ratified the Fourteenth Amendment, state obligations in the riot context were well-established. Despite the common law underpinnings of the governmental duty to protect citizens from mob violence, however, …