Disturbing the peace (crime)
Encyclopedia
Disturbing the peace is a crime
generally defined as the unsettling of proper order in a public space through one's actions. This can include creating loud noise by fighting or challenging to fight, disturbing others by loud and unreasonable noise (including loud music), or using offensive words or insults likely to incite violence
.
Disturbing the peace is typically considered a misdemeanor
or an infraction depending on the jurisdiction
and is often punishable by either a fine or a brief term in jail. On other rare occasions it is considered an ordinance violation, the lowest level of offence. In most Commonwealth
jurisdictions, a person held in breach of the peace
will not have a criminal record
entered against their name, which record could otherwise hurt the person's employment prospects (often seriously) and could adversely affect how he or she is viewed and treated by law-enforcement authorities, e.g., what if any bond he or she is granted if arrested in the future.
A violation of a noise ordinance is in most jurisdictions not considered a disturbance of the peace unless the perpetrator has disregarded an affirmative request that s/he reduce the noise to a reasonable level.
Standards for whether to charge someone with disturbance of the peace are highly subjective, and in many jurisdictions courts are highly deferential to the opinion of the arresting/charging officer as to whether the accused's actions violated the law (even though in theory the officer's testimony addresses only questions of fact, whereas questions of the law's applicability to those facts are left to the trying court alone). Many local ordinances prohibiting disturbance of the peace exhibit a problematic degree of vagueness
, occasionally to the point that courts deem them unconstitutional (in United States law) or violative of due process
(in both United States and Commonwealth jurisdictions).
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
generally defined as the unsettling of proper order in a public space through one's actions. This can include creating loud noise by fighting or challenging to fight, disturbing others by loud and unreasonable noise (including loud music), or using offensive words or insults likely to incite violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
.
Disturbing the peace is typically considered a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
or an infraction depending on the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
and is often punishable by either a fine or a brief term in jail. On other rare occasions it is considered an ordinance violation, the lowest level of offence. In most Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
jurisdictions, a person held in breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
will not have a criminal record
Criminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
entered against their name, which record could otherwise hurt the person's employment prospects (often seriously) and could adversely affect how he or she is viewed and treated by law-enforcement authorities, e.g., what if any bond he or she is granted if arrested in the future.
A violation of a noise ordinance is in most jurisdictions not considered a disturbance of the peace unless the perpetrator has disregarded an affirmative request that s/he reduce the noise to a reasonable level.
Standards for whether to charge someone with disturbance of the peace are highly subjective, and in many jurisdictions courts are highly deferential to the opinion of the arresting/charging officer as to whether the accused's actions violated the law (even though in theory the officer's testimony addresses only questions of fact, whereas questions of the law's applicability to those facts are left to the trying court alone). Many local ordinances prohibiting disturbance of the peace exhibit a problematic degree of vagueness
Void for vagueness
Void for vagueness is a legal concept in American constitutional law that states that a given statute is void and unenforceable if it is too vague for the average citizen to understand. There are several ways, senses or reasons a statute might be considered vague...
, occasionally to the point that courts deem them unconstitutional (in United States law) or violative of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
(in both United States and Commonwealth jurisdictions).