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Essay sample - Criminal Justice Essay
Pages 3 (753 words)
Criminal law distinguishes between different types of arrest and, depending on the type of arrest which has been executed, awards criminal justice authorities the right to detain suspects for questioning or, possibly, to hold them in custody. A fuller explanation of thiszxz necessitates the definition of, and the clarification of the differences between, all of arrest, formal arrest, detainment and custody.
As per the former, law enforcement authorities may stop a person in the street, for example, and clarify that he/she is needed to answer a few question relating to a certain ongoing ///investigation. This type of arrest, as Williamson (1980), is often confusing as it blurs the distinction between arrest and investigatory stop. In the former, a person is similarly stopped for the purposes of answering a few questions which criminal justice authorities believe pertinent to an ongoing investigation. Indeed, as non-formal arrests are not preceded by the reading of a suspect's Miranda Rights and often do not entail the use of force or restraints (handcuffs), the determination of whether an arrest has occurred has sometimes proven rather confusing as far as the arrestee him/herself is concerned (Williamson, 1980). Commenting upon the aforementioned, Williamson (1980) mentions that in cases where defendants have argued the absence of knowledge regarding whether or not they were under arrest, courts have invariably held that determination of status should proceed from a reasonable analysis of freedom to leave. In other words, if one knows that s/he is free to leave than no arrest has occurred but if not, an arrest has occurred.
In direct comparison to non-forma ...
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