Chapter 6 Summary/ Evaluation

 

 

 

Chapter 6 Summary/ Evaluation

 

 

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Chapter 6 Summary/ Evaluation

Introduction

The U.S. Constitution specifically the Fourth Amendment highlights the protection of individuals from unwarranted seizures, searches, and arrests. This paper presents a summary of the sixth chapter of the textbook “Criminal Procedure: Law and Practice” by Carmen Del and Craig Hemmens. In the 10th edition of the textbook, the authors present how law enforcement agencies need to have a comprehensive understanding of the arrest laws since failure to abide by such principles might extensively affect their success of prosecutions. However, the chapter covers various topics under arrest and the use of force among law-enforcement agencies.

Summary

The difference between the words arrest and seizure is considered essential in understanding connections between persons and law enforcement. Even though the book classifies all arrests as seizures, the reverse is perceived as false since some seizures do not lead to arrests. However, the book stresses that the determination of whether a seizure has happened depends on the examination of a trial judge or jury in terms of whether a reasonable individual subjected to the same situation considers it to be a seizure.

Definition of Arrest

Arrests are viewed to involve four key aspects such as the detention of a person being under arrest, intention to arrest, possession of arrest powers, and understanding of the individual being arrested. Nonetheless, there are only two types of arrest, arrest with warrant and without warrant with each being governed by distinct legal laws. In each case, law enforcement has the authority to conduct searches of the one being arrested including their immediate environs.

Evaluation

Based on the legal concept of “arrest” and “seizure” along with the subtle regulations around police interaction and the use of force, it is evident that a complete understanding of such elements is critical for maintaining a law enforcement system that is just and effective. The differentiation between the two terms simply exposes the complex nature of police interactions with citizens where there is a chance for all seizures not to lead to an arrest. In other words, the distinction conforms with legal doctrines that give more priority to the assessment of a reasonable individual’s view when determining the occurrence of seizure. According to the report by the United States Commission on Civil Rights, maintaining a balance between protecting the rights of individuals and enabling law enforcement agencies to perform their duties efficiently is critical (Lhamon, 2018). In other words, the study emphasizes that adherence to customary legal standards, such as those set forth in Tennessee v. Garner is crucial for ensuring accountability and preventing excessive use of force in potentially volatile situations.

Conclusion and Policy Implications

The complex relationship between seizures, arrests, and the application of force by law enforcement agencies calls for a well-defined policy that creates a balance between public safety maintenance and individual rights protection. Similarly, comprehensive legal frameworks that foster procedural fairness and accountability are required owing to the differentiation between the two terms and the categorization of arrests with or without warrants. Moreover, the integration of use-of-force procedures, simplified by the use-of-force continuum, plays a key role in equipping law enforcement with the necessary skills to exercise restraint and judgment during challenging circumstances. Meanwhile, the precedent set by Tennessee v. Garner (1985) showcases the importance of judiciously employing deadly force in accordance with the Constitution. However, law enforcement agencies need to prioritize progressive training, adherence to legal mandates, and transparency in order to foster good relations between them and the general public whom they are obligated to serve. Through these approaches, an effective and just law enforcement system can emerge to promote both public safety and confidence.

 

References

Del Carmen, R. V., & Hemmens, C. (2016). Criminal procedure: Law and practice. Cengage Learning.

Lhamon, C. E. (2018). Police Use of Force: An Examination of Modern Policing Practices. In United States Commission on Civil Rights (pp. 1–218). https://www.usccr.gov/files/pubs/2018/11-15-Police-Force.pdf

 

 

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