The “Imperative And Rationale” Of Arrest
- IJLLR Journal
- 13 hours ago
- 1 min read
Dr. Brijesh Arya, Assistant Professor, Arihant Law College, Haridwar, Uttarakhand, India
ABSTRACT
The fundamental concept of police and law enforcement institutions is rooted in the concept of arrests. A common way to assess the effectiveness of the criminal justice system is to look at how many people are arrested by police while conducting an investigation. The majority of criminal justice system opponents think that the ability to make arrests is essentially unassailable because they acknowledge the necessity of arrests for maintaining public safety and order. Everyone who opposes arrests is pointing out how the police have abused their authority to make arrests. However, we don't ask ourselves if, in a liberal society, we really need to provide the CEOs this kind of authority. Analysing if the expenses associated with arrests are reasonable given the purposes, they serve is crucial. The majority of legislation that permit arrests are still unanalysed. Perhaps as a result of the constitutional theories that govern arrests, the authority to make an arrest is taken for granted. When examining the arrest problem, we presume that making an arrest is not too expensive but rather that it is necessary to achieve the objectives of law enforcement.
However, these presumptions are absurd and untrue. Arrests cause more harm than good, not just to the people who are arrested but also to the communities in which they occur and to society at large.
Keywords: Arrest, criminal justice, public safety, Legislation, Authority, Investigation, Police.
