ARREST--THE DECISION TO TAKE A SUSPECT INTO CUSTODY

• NCJ Number: 5286
• Author(s): W R LAFAVE
• Date Published: 1965
• Length: 540 pages
• Sale Source: Little, Brown and Co
• Note: HV8141.L3

Annotation

POLICE POLICIES AND PRACTICES WHICH RELATE TO THE ARREST DECISION OF PERSONS SUSPECTED OF CRIMINAL BEHAVIOR.

Abstract

DISCUSSION LEADS TO DEFINITION IN ANSWERING SUCH QUESTIONS AS WHO MAKES THE DECISION TO ARREST, HOW IS IT MADE, HOW IS IT CONTROLLED IN ORDER TO ASSURE CONSISTENCY AND FAIRNESS, WHY THE POLICE AT TIMES ACT OTHER THAN IN STRICT CONFORMITY WITH EXISTING LAWS, EITHER IN THAT THEY FAIL TO ENFORCE CERTAIN LAWS OR IN THAT THEY USE EXTRALEGAL MEANS TO IMPOSE SANCTIONS ON VIOLATORS. ARREST IS A DISTINCT OPERATIONAL STEP DISTINGUISHED FROM DETECTION ON THE ONE SIDE AND PROSECUTION ON THE OTHER. EACH ISSUE WHICH RELATES TO THE ARREST DECISION IS EXAMINED, FROM POLICE DISCRETION TO EVIDENCE REQUIREMENTS FOR ARREST, THE NEED FOR CUSTODY AS AN ARREST CRITERION, AND THE USE OF ARREST TO ACHIEVE OBJECTIVES OTHER THAN PROSECUTION AND CONVICTION. AUTHOR MODIFIED