Preemptive arrest

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A preemptive arrest is one in which a person is arrested prior to committing a crime. Preemptive arrests are sometimes viewed with suspicion as being contrary to the principles of a democracy. [1]

Arrest deprivation of liberty

An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime. After the person is taken into custody, they can be questioned further and/or charged. An arrest is a procedure in a criminal justice system.

Crime unlawful act forbidden and punishable by criminal law

In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term "crime" does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society or the state. Such acts are forbidden and punishable by law.

Democracy system of government in which citizens vote directly in or elect representatives to form a governing body, sometimes called "rule of the majority"

Democracy is a system of government where the citizens exercise power by voting. In a direct democracy, the citizens as a whole form a governing body and vote directly on each issue. In a representative democracy the citizens elect representatives from among themselves. These representatives meet to form a governing body, such as a legislature. In a constitutional democracy the powers of the majority are exercised within the framework of a representative democracy, but the constitution limits the majority and protects the minority, usually through the enjoyment by all of certain individual rights, e.g. freedom of speech, or freedom of association.

This practice is distinct from an arrest on a charge of conspiracy to commit a crime, which for example in the United States federal system is itself a crime. A conspiracy charge in this system must be proven beyond a reasonable doubt, and requires that two or more parties have agreed to or planned to commit a crime and have taken concrete action to advance this plot.[ citation needed ]

See also

Preventive detention is an imprisonment that is putatively justified for non-punitive purposes.

Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order.

Administrative detention is arrest and detention of individuals by the state without trial, usually for security reasons. A large number of countries, both democratic and undemocratic, resort to administrative detention as a means to combat terrorism, to control illegal immigration, or to protect the ruling regime.

Related Research Articles

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.

A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

Solicitation is the act of offering, or attempting to purchase, goods or services. Legal status may be specific to the time or place where occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, requests, commands, importunes or otherwise attempts to cause" another person to attempt or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.

Judges Trial trial

The Judges' Trial was the third of the 12 trials for war crimes the U.S. authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before U.S. military courts, not before the International Military Tribunal, but took place in the same rooms at the Palace of Justice. The twelve U.S. trials are collectively known as the "Subsequent Nuremberg Trials" or, more formally, as the "Trials of War Criminals before the Nuremberg Military Tribunals" (NMT).

An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur. Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.

Jérôme Bicamumpaka is a former Minister of Foreign Affairs for Rwanda's Interim Government. He was officially in office from April 1994 until July 1994, but fled the country in July 1994, and was arrested in Cameroon in 1999 on charges of

conspiracy to commit genocide, genocide, complicity in genocide and direct and public incitement to commit genocide. He is also charged under the indictment of 13 September 1999 with murder, extermination, rape and two counts of serious violations of Common Article 3 of the Geneva Conventions.

An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal. The distinction between an accessory and a principal is a question of fact and degree:

Maher Mofeid "Mike" Hawash is a Palestinian-born American engineer who was convicted and sentenced to a seven-year prison sentence in 2003 for conspiring to aid the Taliban in fighting against U.S. forces and their allies in Afghanistan. Six weeks after 9/11, Hawash secretly traveled to China with a group of Portland-area Muslims, dubbed the Portland Seven, with the intent of entering Afghanistan to aid the Taliban. Hawash and his fellow conspirators were unable to reach Afghanistan due to visa problems, according to federal authorities,

In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.

In some countries, resisting arrest is a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:

Detention (imprisonment) removal of the freedom of liberty by a state

Detention is the process whereby a state or private citizen lawfully holds a person by removing his or her freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation or as punishment for a crime.

Remand (detention) Detention after charges are filed until a trial

Remand is the process of detaining a person who has been arrested and charged with an offense until their trial. A person who is held on remand may be held as a prisoner in prison. Varying terminology is used, but "remand" is generally used in common law jurisdictions and in Europe, preventative detention. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.

Article 5 of the European Convention on Human Rights provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept - security of the person has not been subject to separate interpretation by the Court.

Article 5 – Right to liberty and security

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

2. Everyone who is arrested shall be informed promptly, in a language which he or she understands, of the reasons for his arrest and of any charge against him.

3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

Legal abuse refers to unfair or improper legal action initiated with selfish or malicious intentions. Abuse can originate from nearly any part of the legal system, including frivolous and vexatious litigants, abuses by law enforcement, incompetent, careless or corrupt attorneys and misconduct from the judiciary itself.

Jorge Aurelio Noguera Cotes is a Colombian lawyer, former Director of the Administrative Department of Security (DAS), the intelligence service agency of Colombia and a polemical convicted murderer who served during the direct orders of the president Álvaro Uribe Vélez. A Liberal party politician, he served as regional campaign manager in the Department of Magdalena for then-candidate Álvaro Uribe Vélez during the 2002 presidential elections. After Uribe's victory in the elections, Noguera was appointed Director of the DAS, serving from 2002 to 2005, after which time he was appointed Consul-General if Colombia in Milan in 2006.

The Halifax mass shooting plot was an event that chiefly occurred between February 12, 2015, to February 14, 2015. Police were alerted to three people, identified as Lindsay Souvannarath, Randall Shepherd, and James Gamble, who were reportedly conspiring to commit a mass killing at the Halifax Shopping Centre. Souvannarath and Shepherd were arrested and convicted of conspiracy to commit murder, while Gamble was found dead of a self-inflicted gunshot wound.

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