You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect. In order to make a citizen’s arrest, they must come under any of the three sets of guidelines, these are: * arrest for an 'indictable offence' under PACE * arrest of a person’s committing, or about to commit, a Breach of the Peace under common law * Use of reasonable force to prevent crime or arrest offenders or persons unlawfully at large under the Criminal Law Act 1967. A citizen’s arrest is still a really important law in the UK as these powers of arrest belong to Police Community Support Officers (PCSOs). There are lots of differences between a citizen’s arrest and a police arrest... 1. If you believe a crime is about to be committed, you cannot make a citizen’s arrest; only if there has or is a crime being committed.
Aggravated assault can mean that assault is committed with the intention of committing an additional crime or something that involves a special circumstance. Typically there has to be a weapon involved for it to be
Due Process CJA 224 February 13, 2012 Introduction The due process model is a model of the criminal justice system that believes freedom is important that every attempt must be created to make sure that criminal justice decisions are based on trustworthy information. Due process stresses the adversarial process, the rights of defendant and formal decision-making procedure. For an example because people are poor witnesses of ominous events, law enforcement, and prosecutors may well be wrong in assuming a defendant to be guilty. Therefore, people should be classified as criminals only on the base of firm evidence. Abstract The criminal justice process varies from state to state.
Another example of how statistics from the police and statistics from victim surveys are different is because not all victims report crime to the police for many reasons and therefore create what’s called “the dark figure” (The number of crimes that go un-reported, we have no idea how big or small this number is). One last example of how they differ is that the victims are left to classify the crimes that they have been fallen victim to, which means that the classification may be wrong changing the statistics, whereas the recorded crimes get classified by the police. The advantages for using victim surveys to studying patterns of crime are: able to triangulate the accuracy of official statistics; may be more valid, as official procedures don’t have to be followed and victims have their own say; victims more likely to respond due to no fear of reprisal; can estimate the overall levels of crime, as unreported crimes are included; they have a high rate of comparability. These reasons allow us to see all of the advantages for helping to decide how useful victim surveys are in understanding patterns of crime. The disadvantages for using victim surveys to studying patterns of crime are: Not all
Legal Studies Assesment task 1 Discretion is part of all criminal processes, from reporting a crime, and the police deciding which crimes to investigate and which to ignore, to who gets arrested and what charges are decided upon. Decision making in criminal justice involves more than the learning of rules and the application of them to specific cases. Decisions are based on discretion, that is, the individual exercise of judgment to make choices about alternative courses of action. Discretion, or making decisions without formal rules, is common in criminal justice. Discretion comes into play whenever police make choices about whether to arrest, investigate, search, question, or use force.
Running Head: Police Discretion Position Paper Police Discretion Position Paper John Doe CJA 333 June 11, 2011 Instructor’s Name Here An important aspect of policing is the use of discretion. Discretion is decision making when dealing with situations that has no clear rule of action. Criminal laws do not specify every circumstance. However, law enforcement train to use the right discretion for situations they may encounter. Problems could come up when officers are on the work scene, and encounter specific situations where they lack proper training.
Police Brutality: The Use of Excessive Force Angelice Dollson CRJ–422 Criminal Justice Capstone Robert Jackson March 7, 2011 The police officers are to protect and serve the public and communities’ with their best interest at heart. Members of law enforcement are government officials that impose the laws and preserve order. There are occasions, when the police officers are engaged in a dangerous and stressful call of duty that can involve violent situations that must be controlled. We as citizens value law and order, we do not want to see our streets run by criminals who terrorize people who abide the law and we as citizens created police departments to prevent law and order not to join in with the criminals. We all decide d that police officers should have the ability to use force, but not in all situations.
1) Pro-Arrest: Laws give authority for arrest without a warrant as the preferred, but not required, action in cases involving domestic partners. An officer who fails to make an arrest may be required to file a written incident report justifying why no arrest was made. 2) Mandatory Arrest: Requires a police officer to arrest a person without a warrant, based on probable
An arrest is called a custodial arrest and defined as an officer taking into custody a person pending criminal charges, and the individual’s right of locomotion is restricted. An arrest is a vital tool for police officers to use to catch the guilty and free the innocent, but must meet the requirements of the United States Constitution. The duration of an arrest is longer than that of a stop, and can last hours even days. The location of an arrest is usually the isolated and intimidating surroundings of a local police department and jail. An arrest also included written documents that become a part of a person’s record or more popularly known as a rap sheet.
“Probable Cause is a reasonable belief that a person has committed a crime. The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime.” When determining whether probable cause has been established many questions will arise, not only to see if all necessary procedures were being followed by the officer but also to make sure that the citizen’s rights were not violated. Many of the case laws that have taken place have done so because they feel like in some way or another their rights had been violated or they were not treated fairly these are the cases that change laws or the