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RIGHT OF THE POLICE TO DETAIN SUSPECTS AND WITNESSES

NCJ Number
34631
Journal
ISRAEL QUARTERLY OF CRIMINOLOGY, CRIMINAL LAW AND POLICE SCIENCE Volume: 1 Issue: 1 Dated: (WINTER 1971-72) Pages: 31-47
Author(s)
D LIBAI
Date Published
1972
Length
17 pages
Annotation
THE AUTHOR CRITICIZES THE CURRENT LEGAL POSITION IN ISRAEL CONCERNING POLICE DETENTION OF SUSPECTS AND WITNESSES, AND SUGGESTS AREAS OF LEGISLATION NEEDED TO CLARIFY THESE POLICE POWERS.
Abstract
IN ISRAEL, THREE TYPES OF LEGAL SITUATIONS ARE DEFINED IN WHICH A PERSON'S FREEDOM OF MOVEMENT MAY BE DENIED ARREST, IMPRISONMENT, AND POLICE DETENTION. THE AUTHOR ARGUES THAT DETENTION, AS CURRENTLY DEFINED, JEOPARDIZES THE FREEDOM OF THE INDIVIDUAL BY AUTHORIZING THE POLICE TO DETAIN A SUSPECT IN CERTAIN CIRCUMSTANCES, EVEN WITHOUT HAVING A PROBABLE CAUSE AND WITHOUT LAYING DOWN THE MAXIMUM PERIOD FOR WHICH A PERSON MAY BE DETAINED. IN REGARD TO THE DETENTION OF WITNESSES, THE AUTHOR CLAIMS THAT NO CLEAR RULES HAVE BEEN LAID DOWN BY THE LEGISLATURE. TO COUNTERACT THESE PROBLEMS THE AUTHOR OFFERS THE FOLLOWING GUIDELINES: POLICE SHOULD BE ABLE TO DETAIN PERSONS WHEN THEY HAVE REASONABLE GROUNDS FOR SUSPECTING THAT A PERSON HAS COMMITTED, IS ABOUT TO COMMIT, OR HAS INFORMATION CONCERNING A CRIMINAL OFFENSE. THE PERIOD OF DETENTION SHOULD BE LIMITED TO TWO HOURS; POLICE MAY SUBJECT THE DETAINED PERSON TO IDENTIFICATION, INTERROGATION, SEARCH, AND TEMPORARY CUSTODY. DETAINED PERSONS GENERALLY SHOULD NOT BE SUBJECT TO MEDICAL EXAMINATIONS OR BLOOD TESTS; AND POLICE MAY USE A REASONABLE DEGREE OF FORCE TO CARRY OUT A DETENTION. (AUTHOR ABSTRACT MODIFIED) --IN HEBREW. SUMMARY IN ENGLISH

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