Abstract:
Arrest and detention are critical components of the criminal justice system, serving as mechanisms
to maintain public order and enforce the law. Arrest involves the lawful apprehension of an
individual suspected of committing a crime, while detention refers to the holding of that individual
in custody pending investigation, trial, or sentencing. These processes are governed by legal
frameworks designed to balance the enforcement of laws with the protection of individual rights.
International legal instruments, such as the Universal Declaration of Human Rights (UDHR) and
the International Covenant on Civil and Political Rights (ICCPR), emphasize safeguards against
arbitrary arrest and detention. Similarly, domestic laws in many jurisdictions mandate procedures
to ensure due process, such as obtaining warrants, informing individuals of charges, and granting
access to legal representation.
However, the implementation of arrest and detention practices often raises concerns about
potential misuse of power, violations of human rights, and the impact on marginalized
communities. Key issues include the duration of detention, conditions in custody, and the role of
judicial oversight.
This abstract explores the legal principles underpinning arrest and detention, examines challenges
and abuses in their application, and discusses recommendations for promoting justice and
accountability within these critical processes. It underscores the need for robust legal safeguards
and institutional reforms to uphold the rule of law and protect individual freedoms.
