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NCJRS Abstract

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NCJ Number: 50800 Find in a Library
Title: ARREST AND DETENTION - THE CONCEPTUAL HAZE
Journal: CRIMINAL LAW REVIEW  Dated:(JUNE 1978)  Pages:320-331
Author(s): D TELLING
Corporate Author: Sweet and Maxwell
Marketing Director
United Kingdom
Date Published: 1978
Page Count: 12
Sponsoring Agency: Sweet and Maxwell
London, NW3 3PF, England
Format: Article
Language: English
Country: United Kingdom
Annotation: THIS COMMENTARY ON ENGLISH LAW ON ARREST AND DETENTION DEFINES TERMS, SUMMARIZES POLICE POWER, POINTS OUT THE MANY AREAS OF CONFUSION, AND DISCUSSES THE EFFECTS OF THE BROWN DECISION ON POLICE POWER.
Abstract: THE TERMS 'DETENTION,' 'TAKEN INTO CUSTODY,' AND 'ARREST' ARE DEFINED. THE TERMS THEMSELVES VARY WIDELY IN MEANING, DEPENDING ON CIRCUMSTANCES, AND COURT DECISIONS HAVE ADDED TO THE CONFUSION. LOCAL LAW AND ENGLISH STATUTES DO NOTHING TO CLARIFY THE SITUATION. THIS MAZE LEAVES POLICE CONFUSED AS TO THEIR POWERS. THE CONFUSION HAS BEEN INCREASED BY THE BROWN DECISION OF 1976, WHICH IS EXAMINED IN DETAIL. IT IS CONCLUDED THAT SEVERAL ILLEGAL ARREST PROCEDURES WERE UPHELD BECAUSE THE COURT OF APPEALS WISHED TO UPHOLD BROWN'S CONVICTION. THE IMPLICATIONS OF THIS CASE FOR BREATH TEST PROCEDURES AND DEFENDANT RIGHTS ARE SUMMARIZED, AND RELATED CASES ARE EXAMINED. THE COURTS AND PARLIAMENT ARE URGED TO REWRITE ENGLISH LAW TO PUT THE PROCEDURES OF ARREST AND DETENTION INTO SIMPLE, DEFINITE LANGUAGE. THE NEED FOR SUCH LANGUAGE IS EXAMINED. THE EXTENSIVE FOOTNOTES CONTAIN BOTH REFERENCES AND CASE CITATIONS. (GLR)
Index Term(s): Alcohol consumption analysis; Arrest and apprehension; Detention; England; Judicial decisions; Laws and Statutes; Police discretion; Rights of the accused
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50800

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