Final answer:
An arrest is the legal detainment of an individual suspected of committing a crime, occurring when there is probable cause or a witnessed misdemeanor. During an arrest, police must inform the person of their rights, and the accused must be brought before a judge promptly.
Step-by-step explanation:
Definition of an Arrest
An arrest is the act of legally detaining a person by law enforcement authorities on the suspicion of committing a crime. This action initiates the criminal justice process and significantly impacts the accused's rights and liberties.
Circumstances Under Which an Arrest Occurs
An arrest typically occurs under circumstances where the police have probable cause to believe that an individual has committed a felony crime. In cases of lesser crimes, such as misdemeanors, an arrest can be made without a warrant if the crime is observed by a police officer.
Steps for a Lawful Arrest
For an arrest to be valid, several legal requirements must be met:
There must be probable cause or a valid arrest warrant.
Police are required to inform individuals of their rights, commonly known as Miranda rights, which include the right to remain silent and the right to legal counsel.
The accused must be brought before a judge for a brief hearing to understand the charges, be informed of their right to counsel, and enter a plea.
These steps ensure the fair implementation of due process as guaranteed under various international and national legal frameworks, such as the Universal Declaration of Human Rights and national constitutions.