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Arrest Procedures
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Introduction
“The punishment is a sort of medicine” as Aristotle used to say. For a while, the tough hand of Lady Justice being directed by the will of eliminating a plaque of crime, which affected and spread among societies, created the legal tools for bringing the unfaithful to a rule of criminal law, to her.
Based upon the historical sources and the publications of a remarkable extradition, experts first archived a request (official notification) for a criminal to be brought to justice; it was a formal letter authorised by Ramses II in 1280 BC to Hittite- Hattusli III.
The above-mentioned document has been written using a graphic language (hieroglyphics) and currently is being kept in the Amon Temple in Karnak. The request was a part of the peace related treaty issued after the Hittite failure in invading the invincible Ramses II.
Together with the societies’ cultural, economic and general world view, related evolution, including mass migration, not only shows us that the associated crime was unavoidable, but also the ways of the fleeting justice system; there is a notable progression: crime has become cross border.
From this, it then appeared obvious that ruling a separate and specialised law became essential. This shaped the Classic Extradition Procedure in Europe.
Modern world is in constant struggle against various crimes. Each country has its department or organization for crime prevention, but it does not mean the number of crimes has decreased. With the development of technology a lot of new crimes appear, so it is not surprising that crime rate in many countries is still high. Another aspect influencing the number of crimes is terrorism flourishing in many developed countries. And no matter how hard people try to eliminate its negative influence, it still exists and despite great efforts will not disappear.
A crime is generally a deliberate act that results in harm, physical or otherwise, toward one or more people, in a manner prohibited by law. The determination of which acts are to be considered criminal has varied historically, and continues to do so among cultures and nations. When a crime is committed, a process of discovery, trial by judge or jury, conviction, and punishment incidents. Just as what is considered criminal variations between jurisdictions, so does the punishment, but elements of restitution and deterrence are common.
A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.
The purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law. An arrest serves the function of notifying the community that an individual has been accused of a crime and also may admonish and deter the arrested individual from committing other crimes. Arrests can be made on both criminal charges and civil charges, although civil arrest is a drastic measure that is not looked upon with favor by the courts. The federal Constitution imposes limits on both civil and criminal arrests.
Introduction
“The punishment is a sort of medicine” as Aristotle used to say. For a while, the tough hand of Lady Justice being directed by the will of eliminating a plaque of crime, which affected and spread among societies, created the legal tools for bringing the unfaithful to a rule of criminal law, to her.
Based upon the historical sources and the publications of a remarkable extradition, experts first archived a request (official notification) for a criminal to be brought to justice; it was a formal letter authorised by Ramses II in 1280 BC to Hittite- Hattusli III.
The above-mentioned document has been written using a graphic language (hieroglyphics) and currently is being kept in the Amon Temple in Karnak. The request was a part of the peace related treaty issued after the Hittite failure in invading the invincible Ramses II.
Together with the societies’ cultural, economic and general world view, related evolution, including mass migration, not only shows us that the associated crime was unavoidable, but also the ways of the fleeting justice system; there is a notable progression: crime has become cross border.
From this, it then appeared obvious that ruling a separate and specialised law became essential. This shaped the Classic Extradition Procedure in Europe.
Modern world is in constant struggle against various crimes. Each country has its department or organization for crime prevention, but it does not mean the number of crimes has decreased. With the development of technology a lot of new crimes appear, so it is not surprising that crime rate in many countries is still high. Another aspect influencing the number of crimes is terrorism flourishing in many developed countries. And no matter how hard people try to eliminate its negative influence, it still exists and despite great efforts will not disappear.
A crime is generally a deliberate act that results in harm, physical or otherwise, toward one or more people, in a manner prohibited by law. The determination of which acts are to be considered criminal has varied historically, and continues to do so among cultures and nations. When a crime is committed, a process of discovery, trial by judge or jury, conviction, and punishment incidents. Just as what is considered criminal variations between jurisdictions, so does the punishment, but elements of restitution and deterrence are common.
A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.
The purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law. An arrest serves the function of notifying the community that an individual has been accused of a crime and also may admonish and deter the arrested individual from committing other crimes. Arrests can be made on both criminal charges and civil charges, although civil arrest is a drastic measure that is not looked upon with favor by the courts. The federal Constitution imposes limits on both civil and criminal arrests.
Contents
Introduction…………………………………………………………………….…......3
Chapter 1. Arrest and grounds ……………………………………………….…….4
Concept of arrest……………………………………………………….........4
Types of Arrest Warrants……………………………………………………6
House arrest…………………………………………………………………6
Chapter 2. Arrest Procedures, Booking and Bail Hearings……..………………….8
Arrest Procedures …………………………………………………………..8
Booking…………………………………………………………………….10
Bail Hearings……………………………………….……………………..11
Criminal Justice Process in the US.........................………………………...12
2.5. On-Scene Arrests…………………………………………………………. . . ..14
2.6. Features of the arrest procedure…………………………………………....16
Conclusion……………………………………………………………….…….……20
Glossary………………………………………………………………………..……21
References………………………………………………………………….………..23
References
Crystal D. The Cambridge Encyclopedia of the English Language. -Cambridge Univ., Second Edition, 1997.
Johnson Leslie A. The Experience of Time in Crime & Punishment. -Columbus, Ohio: Slavica Publishers Inc., 1985.
«Arrest Procedures» by R. Agnew
«The Provisions of Arrest» by P. Bellair
«Types of Аrrest» by W. Groves
«Аrrest » by D. Nagin
«Types of Arrest Warrants» by S. Messner
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