A Citizen’s Arrest is similar to when a police officer performs an arrest except for the fact that the person performing the arrest is a regular citizen. As with an arrest by a police officer too, the person who is being arrested must not have his human rights violated in any way. This means that the individual should not be made subject to being kicked, boxed, stabbed, stoned, or in any other way harmed physically. Of course, in extreme cases like self defense or defending someone else, there are times when injury may have to be inflicted on the individual being arrested by a citizen. In such cases, if the matter is brought before a court of law, the judge (and jury if it goes to trial) will have to weigh the circumstances around the injuries and rule accordingly.
What are some situations when a citizen’s arrest can be made? Here are a few:
1. Robber being apprehended when there is no police around.
2. Praedial larcenist caught in the act.
3. Anyone who engages in arson and is caught by citizens.
4. In self defense after being able to bring the attacker under control.
5. In the case of an accident where the offending party tries to escape from the scene of the accident.
There are a lot more situations that exist where a citizen or citizens have to act in the stead of a police officer to carry out an arrest. In any case, after the individual has been arrested, he/she must be taken to the nearest police station where officers will take the person into custody and also take statements from the person(s) who accosted the perpetrator and turned him/her in. The legal system will then pick up from there.
If you appreciated this post, please consider buying me a beverage.
