Pre-emptive Mass Arrest
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Pre-emptive Mass Arrest
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. 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. See also * Administrative detention * Arbitrary arrest and detention * Mass arrest * Pre-crime * Preventive detention Preventive detention is an imprisonment that is putatively justified for non- punitive purposes, most often to prevent (further) criminal acts. Types of preventive detention There is no universally agreed definition of preventive detention, and m ... References Crime Police misconduct {{crime-stub ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ...
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Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, 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 (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ...
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Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the dominant form of ...
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Conspiracy (crime)
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, the plan is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). 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 (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-conspirato ...
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Administrative Detention
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime. In a number of jurisdictions, unlike criminal incarceration (imprisonment) imposed upon conviction following a trial, administrative detention is a forward-looking mechanism. While criminal proceedings have a retrospective focus – they seek to determine whether a defendant committed an offense in the past – the reasoning behind administrative detention often is based upon contentions that the suspect is likely to pose a threat in the future. It is meant to be preventive in nature rather than punitive (see preventive detention). The practice has been criticized by human rights organizations as a breach of civil and political rights. In other jur ...
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Arbitrary Arrest And Detention
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. Background Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. International law Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; that is, no individual, regardless of circumstances, is to be depri ...
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Mass Arrest
A mass arrest occurs when police apprehend large numbers of suspects at once. This sometimes occurs at protests. Some mass arrests are also used in an effort to combat gang activity. This is sometimes controversial, and lawsuits sometimes result. In police science, it is deemed to be good practice to plan for the identification of those arrested during mass arrests, since it is unlikely that the officers will remember everyone they arrested. Historical examples The Japan Farmers' Union and Japanese labor-farmer groups were hit by mass arrests in the 1920s. On April 16, 1929, several thousand members of the farmers' movement were arrested. Following World War II, mass arrests (over 120,000) of actual and suspected Quislings occurred in Norway. Totalitarian regimes have sometimes conducted mass arrests as a prelude to a purge of perceived political enemies, sometimes through executions. On March 10, 2010 a mass crackdown was initiated to thwart a planned peaceful 'million march' to ...
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Pre-crime
''Pre-crime'' (or ''precrime'') is the idea that the occurrence of a crime can be anticipated before it happens. The term was coined by science fiction author Philip K. Dick, and is increasingly used in academic literature to describe and criticise the tendency in criminal justice systems to focus on crimes not yet committed. Precrime intervenes to punish, disrupt, incapacitate or restrict those deemed to embody future crime threats. The term ''precrime'' embodies a temporal paradox, suggesting both that a crime has not yet occurred and that it is a foregone conclusion. Origins of the concept George Orwell introduced a similar concept in his 1949 novel ''Nineteen Eighty-Four'' using the term ''thoughtcrime'' to describe illegal thoughts which held banned opinions about the ruling government or intentions to act against it. A large part of how it differs from precrime is in its absolute prohibition of anti-authority ideas and emotions, regardless of the consideration of any physi ...
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Preventive Detention
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent (further) criminal acts. Types of preventive detention There is no universally agreed definition of preventive detention, and multiple types of detention are sometimes considered a form of preventive detention. Usually, preventive detention is the detention of a convicted criminal who has served their sentence, but is considered too dangerous to release. In that case, the detention is considered "preventive" in that it is not intended to punish or deter the criminal, but to prevent the criminal from committing further crimes and/or also protect the public. This article focuses on both this type of preventive detention and detention of a person without trial or conviction by a court. Its purpose is to not to punish a person for their past offences, but to prevent him from committing an offence in the near future. Remand or pre-trial detention (detention of a susp ...
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Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, 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 (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ...
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