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Questions and Answers
According to the text, what is the purpose of taking arrested persons to a jail or police station to be 'booked'?
According to the text, what is the purpose of taking arrested persons to a jail or police station to be 'booked'?
According to the text, what did the Supreme Court of Illinois state about the process of imprisonment and release at the discretion of the executive officer?
According to the text, what did the Supreme Court of Illinois state about the process of imprisonment and release at the discretion of the executive officer?
According to the text, what did the Supreme Court of North Carolina state about the release of an intoxicated person without taking them before a magistrate?
According to the text, what did the Supreme Court of North Carolina state about the release of an intoxicated person without taking them before a magistrate?
According to the text, when an officer institutes an arrest, what is their duty regarding the arrested party?
According to the text, when an officer institutes an arrest, what is their duty regarding the arrested party?
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According to the text, what is the consequence if a prisoner is released without being brought before a magistrate?
According to the text, what is the consequence if a prisoner is released without being brought before a magistrate?
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According to the text, what is the term used to describe the departure of a prisoner from custody before being discharged by due process of law?
According to the text, what is the term used to describe the departure of a prisoner from custody before being discharged by due process of law?
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According to the text, what does 'susceptible of working great injustice' refer to?
According to the text, what does 'susceptible of working great injustice' refer to?
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According to the information provided, what is the duty required of arresting officers after the arrest of a plaintiff?
According to the information provided, what is the duty required of arresting officers after the arrest of a plaintiff?
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According to the Common Law principle, what does it mean for an officer to present the arrested person 'without delay' to a magistrate?
According to the Common Law principle, what does it mean for an officer to present the arrested person 'without delay' to a magistrate?
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What is the defense for an officer's failure to take an arrested person before a magistrate immediately after the arrest?
What is the defense for an officer's failure to take an arrested person before a magistrate immediately after the arrest?
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What has been the trend regarding police discretion in stopping people, making arrests, and imprisoning people over the past 50 years?
What has been the trend regarding police discretion in stopping people, making arrests, and imprisoning people over the past 50 years?
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Study Notes
False Imprisonment and the Duty to Bring Arrested Persons Before a Magistrate
- It has become common practice for arrested individuals to be taken to a jail or police station to be processed before being released.
- This process of imprisonment and release without going before a magistrate is condemned as a violation of due process of law.
- The Supreme Court of Illinois ruled that officers who imprison individuals without authority or proper procedures are liable for false imprisonment.
- Similarly, the Supreme Court of North Carolina stated that officers cannot imprison individuals until they deem it suitable to release them, as this constitutes despotism.
- Officers who make an arrest have a duty to bring the arrested person before a magistrate, and release can only be done by judicial authority, not executive discretion.
- If a person is arrested pursuant to a warrant, they must be taken to a magistrate before being released.
- The Federal Court ruled that a chief of police acted improperly when he released individuals on bail without a hearing before a judge.
- Accepting release or being released at one's request does not waive the right to take legal action for false imprisonment.
- Good faith does not excuse an unauthorized arrest, nor does it justify an unreasonable detention caused by a failure to bring the arrested person before a magistrate.
- It is dangerous and irresponsible for officers to drop off arrested individuals at a police station or jail without bringing them before a judge themselves.
- The Supreme Court of Ohio ruled that officers cannot rely on others to perform their duty of bringing the prisoner before a judge, as they are responsible for the arrested person.
- The defense in cases of false imprisonment often revolves around whether the delay in bringing the arrested person before a magistrate was reasonable or necessary. The circumstances of each case determine what constitutes delay.
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Description
Quiz: Understanding Due Process and Arrest Procedures Test your knowledge on due process and arrest procedures with this quiz. Learn about the legal requirements for bringing a person before a Justice of the Peace, the common practice of booking arrested individuals, and the importance of upholding due process rights. Challenge your understanding of the topic and enhance your knowledge of criminal justice.
