Arrest procedures vary from one jurisdiction to another. When police arrest an individual, they are denied their fundamental rights and freedoms. Each police department has its criteria for arrest. A rare circumstance may occur whereby the officer is supposed to make an arrest (Podgor, E. S. 2019). An officer who witnessed the crime or when he is issued with an arrest warrant by the magistrate can conduct an arrest. Law enforcement officers must have legal documents to allow them to perform the arrest. Thus, this ensures that they have tangible evidence before any arrest. The suspect to be arrested is entitled to know their rights before being interrogated. The police are also required to be informed of Miranda Rights. Logically, many police departments encourage their officers to read the Miranda at the time of arrest ( Podgor, E. S. 2019). It allows them to be able to interrogate the suspect at the time of the arrest. However, it is not encouraged because it only favors the authority with the investigation of the case. Finally, the police inform the suspects of the reason for the arrest. The police can decide whether to arrest a suspect if they have tangible evidence for the arrest. However, they are not allowed to use excessive force during the arrest, but instead, they are allowed to use the minimum force possible to protect themselves.
Investigation: The police are required to investigate the crime and gather enough evidence that may be used in the case.
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Arrest: This is where the suspect is taken to custody as he awaits the court hearing.
Prosecution: The district attorney decides whether the suspect is to be charged with the crime, considering the weight of the offense.
Indictment: This is the filing of the information by the prosecuting attorney.
Arraignment: A judge does this whether the suspect will either be declared guilty or not guilty.
Pretrial detention: A surety may be imposed here for a temporary period of custody before trial.
Plea bargaining: The perpetrator agrees to be guilty for the purpose of reducing the sentence.
Trial: A judge does this with a prosecutor.
Sentencing: A judge makes a ruling whereby the arrestee may be sent to jail or charged a fine.
Appeals: When the decision is reversed, and the original trial is not considered, and the arrestee appeals to another hearing.
Punishment: The state administers it as a correctional method to the arrestee that has been proven guilty.
References
Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system. Cengage Learning.
Podgor, E. S. (2019). The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida's Criminal Justice System.
Podgor, E. S. (2019). The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida's Criminal Justice System.
