Indictable offence

Techniques & Mechanics of Arrest: Stay Alert, Stay Alive 1969 FBI Federal Bureau of Investigation

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• published: 19 Jan 2015
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more at http://quickfound.net "TRAINING FILM: Proper and improper arrest procedures are portrayed. FBI Director J. Edgar Hoover inviting law enforcement officers and other such agencies to use FBI training facilities. Emphasizes precautionary measures in making arrest to avoid endangering lives of officers or bystanders. Points out that officers should know fundamentals of a successful arrest and that there is no such thing as routine arrest." Public domain film from the US National Archives, slightly cropped to remove uneven edges, with the aspect ratio corrected, and mild video noise reduction applied. The soundtrack was also processed with volume normalization, noise reduction, clipping reduction, and/or equalization (the resulting sound, though not perfect, is far less noisy than the original). http://creativecommons.org/licenses/by-sa/3.0/ http://en.wikipedia.org/wiki/Arrest An arrest is the act of depriving a person of their liberty usually in relation to the purported investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop". Arrest, when used in its ordinary and natural sense, means the apprehension of a person or the deprivation of a person's liberty. The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. When used in the legal sense in the procedure connected with criminal offences, an arrest consists in the taking into custody of another person under authority empowered by law, to be held or detained to answer a criminal charge or to prevent the commission of a criminal or further offence. The essential elements to constitute an arrest in the above sense are that there must be an intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested Directorate of Enforcement v Deepak Mahajan, (1994) 3 SCC 440 at ¶46 (SC of India)). Police and various other bodies have powers of arrest. In some places, the power is more general; for example in England and Wales—with the notable exception of the Monarch, the head of state—any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile."... United States Minor crimes and infractions When there exists probable cause to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace law enforcement agents typically issue the individual a citation but do not arrest them. The person must then appear in court on the date provided on the citation. Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the arraignment. Arrests for serious crimes When a person is arrested for a serious crime, in California for example, the accused is entitled to be released upon reasonable bail. The accused will be advised of the bail amount, which is based upon a bail schedule that is established on an annual basis by the judges in each county. When law enforcement agents believe to have probable cause to arrest a person for a serious crime, the police typically handcuff an arrested person. The accused will be held in a police station or jail pending their ability to post bail. If the accused cannot post bail, they will appear at their arraignment where the judge will determine if the bail set by the schedule should be raised, lowered, or remain at the initial amount. Also, in certain states, the prosecution has 48 hours to decide whether or not to file formal charges against the accused. For example, in California, if no formal charges are filed within the 48-hour period, the accused is released from custody. If formal charges are filed, the accused will be asked to appear at their arraignment. At the arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount (or refuse to set bail) for the accused. In 2010, the FBI estimated that law enforcement agencies made 13,120,947 arrests (excluding traffic violations). Of those persons arrested, 74.5% were male and 69.4 percent of all persons arrested were white, 28.0 percent were black, and the remaining 2.6 percent were of other races...