What is the difference between Arrest and Detention?
Introduction
When law enforcement agencies apprehend or hold an individual, people often use the terms "arrest" and "detention" interchangeably. However, these terms have distinct meanings and significance in the criminal justice system. Understanding the difference between arrest and detention is essential to comprehend the legal and procedural aspects of criminal procedures. In this article, we will explore the concept of arrest and detention, their differences, and key distinctions.
What is Arrest?
Legal Definition
An arrest, in the legal sense, is the taking of an individual into custody, subject to the lawful authority of the arresting officer, where they are concurrently charged with a specific criminal offense or deemed to have committed one, based on probable cause [1]. Arrests occur when an individual is brought before a judicial authority and their freedom is restricted under legal authority.
Rights Afforded to Suspects During Arrest
During an arrest, suspects have certain fundamental rights afforded to them. These include:
• Right to remain silent
• Right to legal counsel (and have them present)
• Right to a free translation of charges
• Right to have charges be specifically stated
Ways an Individual Can Be Arrested
Individuals can be arrested through the following methods:
• Being physically taken into custody
• Being notified to present oneself at a police station or other designated location
• Being notified of arrest by mail or in writing
• Being taken into custody while resisting arrest
• Being arrested as an accomplice to a criminal act
What is Detention?
Legal Definition
Detention, in contrast, occurs when an individual is confined, restricted, or unable to leave a specific place, without being formally booked or charged [2]. Detention typically happens in situations where a suspect is:
• Required to remain at a scene, such as a traffic accident or crime scene, to provide information or give evidence
• Being kept at a temporary holding cell, pending further investigation, processing, or transfer
• Detained at the border or during immigration control procedures
Key Distinctions Between Arrest and Detention
Here are some significant differences between arrest and detention:
| Feature | Arrest | Detention |
|---|---|---|
| Legal Authority | Made under the legal authority of an arresting officer | Not necessarily made under legal authority |
| Freedom Restriction | Subject to restriction of personal freedom | Limited restriction on freedom |
| Notification | Notification of specific charges and rights | Minimal to no notification of charges and rights |
| End of Detention | Ends when an individual is either released, charged, or released on bail | Ends when the purpose is achieved or individual is booked/charged |
Scenario Example
Consider a suspect, John, who is accused of stealing a loaf of bread from a nearby store. During an initial investigation, the police identify a piece of evidence that potentially links John to the scene. They request that he stay at the scene and answer some questions. However, John is not physically restrained, and he can still leave the scene, although he chooses not to. In this scenario:
- John is not arrested, as he has not been taken into lawful custody and has not been charged with a specific criminal offense.
- John is detained, as he is restricted from leaving the scene, although it’s not a formal custody or booking situation.
Conclusion
In conclusion, understanding the differences between arrest and detention is crucial to grasp the complexities of criminal procedure and legal rights afforded to individuals. While arrests occur when an individual is taken into custody, formally charged, and afforded specific rights, detentions occur when an individual is restricted, but not formally charged and with limited notification of charges and rights. It’s essential to distinguish between the two to ensure fair and due process under the law.
References
[1] American Civil Liberties Union. (n.d.). What is an arrest? Retrieved from <https://www.aclu.org/know-your rights/what-is-arrest> [2] Wikipedia. (n.d.). Detention. Retrieved from https://en.wikipedia.org/wiki/Detention_(law)