Whenever a person may be a suspect of any case or a criminal offense, the arresting police officer oftentimes limits that person’s ability to move and in most cases, will be therefore brought into the police officer’s custody for a more detailed investigation concerning or relating to the alleged crime (Ruane, 2004). With many innocent victims incarcerated due to many issues in the arrest process, it is therefore critical that the average person should be knowledgeable of not only the abuse cases that still continue unabated, but also what his/her rights are.
This is in preparation when an eventuality unavoidably arises that the innocent person happens to be in a questionable scenario that merits an arrest (Ruane, 2004). It is surely unfair to a person who is not guilty to the offense that seem to link him/her to it when the victim does not know that he/she does not have to be answerable to anyone unless the suspect’s lawyer is contacted and is allowed to help him/her. Usually, such actions as resisting arrest can even jeopardize a person’s future when he/she only has to cooperate.
Many innocent people become unusually nervous and emotional just being accused and cannot readily make a better excuse and defense on his case and person (Ruane, 2004). In the current arrest process, it takes an arrest warrant for any police officer to be able to gain custody of any allegedly offending person (Ruane, 2004). But even without a warrant of arrest issued, any police officer may be forced to do an arrest so long as they witnessing a misdemeanor unfolding.
The arrest process also includes the notion that just the “belief¬” that a person has done something that comprises a felony charge. Police officers may not be allowed to use excessive or brutal force but are allowed to use any thing necessary (any force for that matter) to arrest a person accused of a crime (Ruane, 2004). This allowance for necessary force can frighten a person who is not necessarily a criminal and what might follow is that the innocent person may be guilty instead of another crime – that which involves a person who may not be fully cooperative of an investigation (Ruane, 2004).
This small window of the arrest process can be subject to abuse and indeed may account to some of the many suspects who were denied of their basic and fundamental rights. This is the reason that it is oftentimes reiterated by many advocacy groups that people should know what to respond in case their human rights may have been denied them, or that the safety of the criminal is more secured rather than the protection of the innocent individuals or community (Ruane, 2004).
2) How can these issues be avoided or reduced? Many people don’t bother to self-inform about legal processes and actions such as that involving arrest. Since only a few are intentional in studying these aspects, perhaps the government should tell the public through forums and constant communication dispersal (e. g. , flyers and posters on posts). A thorough understanding of what are allowed by the law for what officers may do and that negligence or abuse may be avoided or minimized (Ruane, 2004).
3) What can innocent people do to avoid any risk of use of force from police officers in the making of an arrest? Innocent people should not be unnecessarily be intimidated in situations that are compromising their welfare; rather they must cooperate by participating in the discussion where other police officers may probably be present (Kirwan, 2005). Excessive force ranges from being stunned by a Taser or similar weaponry. Being compliant in some ways can help although the person concerned must never be careless as to the boundaries of police work and arrest process.
Knowledge of laws and/or policies on police work such as the arrest process can be educational and fruitful in the years to come to anyone willing to invest some of their time just to be updated of contemporary implementation of police work and the legal system (Ruane, 2004). Reference: Kirwan, Jun (2005). Taser Use and Abuse. Accessed December 13, 2008 at http://www. rense. com/general66/tass. htm Ruane, James (2004). Arrest Process. Connecticut Domestic Violence Defense. Accessed December 13, 2008, at http://www. connecticutdomesticviolence. com/thearrestprocess. h