Arrest and detention are two terms in the legal world that can be confusing for the average person, particularly when faced with concepts such as house arrests, indefinite detentions, and arbitrary arrests. These terms become crucial when someone finds themselves under police scrutiny. It is important for individuals to be aware of their basic rights in both situations of arrest and detention. To do so, understanding the differences between the two situations is essential.
Arrest refers to the act of restraining a person’s freedom of movement due to suspicion of committing a crime or to prevent a crime from occurring. Arrests are typically carried out to gather information needed to complete a criminal investigation or to bring the individual before a court of law. In most countries, the police force or other law enforcement agencies have the power to arrest individuals. However, an arrest cannot be made arbitrarily by police; there must be a valid reason, such as an arrest warrant, to justify taking a person into custody. When police have sufficient cause or reason to believe that a person has committed a crime, they can be handcuffed and taken into police custody for further questioning.
Key Takeaways
- Arrest is more formal than detention and has serious implications for a person in the eyes of the law.
- Detention is considered a lesser intrusion on an individual’s privacy than arrest, but it does place restrictions on their movement.
- Arrest requires charging an individual with a crime, whereas detention does not require formal charges.
Detention is a concept similar to arrest but is considered a lesser intrusion on an individual’s privacy. However, detention does place restrictions on a person’s movement, as they are temporarily deprived of their freedom. When detained by a police officer in a police station, an individual is not at liberty to move at will. For example, if a person is walking on the street and a police officer approaches and asks for permission to ask a few questions, this act is not considered an arrest or even detention in the eyes of a judge, as the officer is believed to be performing their duty by clearing their suspicion through questioning. Detention serves as a tool for police to question a person when there is sufficient ground to believe that they have committed a crime.
