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Essay / Research Paper Abstract
This 8 page paper provides an overview of a group of questions about criminal law. This paper uses case examples to support the assertions presented. Bibliography lists 3 sources.
Page Count:
8 pages (~225 words per page)
File: MH11_MHdetvincar.doc
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Unformatted sample text from the term paper:
difference between detention and arrest to the underlying reasons for convictions of manslaughter vs. murder. Detention v. Arrest The difference between detention and arrest relates to the rights of the
individual and whether legal counsel is necessary. Individuals can be detained for a limited period of time for questioning if they are suspected of a crime or if it
is believed they have information about a crime. Detention can only occur for a limited period of time and individuals must be released if charges cannot be filed.
Individuals can be detained based on reasonable suspicions and can be questioned based on those suspicions. Arrests, though, must occur with the belief that individuals have committed a crime
and that evidence of that crime can be produced (Bergman & Berman, 2009). While arrests generally result in the pursuit of legal actions against the person arrested, individuals who
are detained can be detained while seeking information that can be used in an arrest. For example, individuals may be detained and searched in order to collect evidence that can
subsequently be used against them if they are arrested. Following the landmark case of Terry v. Ohio (392 U.S. 1 (1968)), the United States Supreme Court found that police
can detain and frisk suspects if they have a reasonable suspicion that criminal behaviors have or will occur. The case found that this kind of warrantless search was not
in violation of the rights of the individual, and that it is a necessary part of police activities that provide for public safety and the safety of the officers themselves.
In the presence of suspicion of criminal behaviors, criminal threat or current criminal acts, police can detain individuals and frisk them, specifically searching for weapons, but also that might
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