What is the effect of a public nuisance injunction on the criminal justice system?

California, United States of America


The following excerpt is from People ex rel. Busch v. Projection Room Theater, 130 Cal.Rptr. 328, 17 Cal.3d 42 (Cal. 1976):

1 The judicial reluctance to proclaim new species of public nuisance is well founded. The remedy of abatement, fashioned as it was to equip the courts to deal expeditiously with serious perils to the public, denies the defendant many of the procedural safeguards he would enjoy if he were subjected to an ordinary civil or criminal action. '(I)t is apparent that the equitable remedy has the collateral effect of depriving a defendant of the jury trial to which he would be entitled in a criminal prosecution for violating exactly the same standards of public policy. The defendant also loses the protection of the higher burden of proof required in criminal prosecutions and, after imprisonment and fine for violation of the equity injunction, may be subjected under the criminal law to similar punishment for the same acts. For these reasons equity is loath to interfere where the standards of public policy can be enforced by resort to the criminal law, and in the absence of a legislative declaration to that effect, the courts should not broaden the field in which injunctions against criminal activity will be granted.' (People v. Lim, supra, 18 Cal.2d 872, 880, 118 P.2d 472, 476, (citations omitted.))

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