Arrest and Detention: An Analysis Highlighting Law and Practice Regarding Right to Personal Liberty

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.