Difference between Detention and Arrest
Basis |
Detention |
Arrest |
---|---|---|
Legal Standard |
Based on “reasonable suspicion” for questioning. |
Based on “reasonable suspicion” or “probable cause” for formal charges. |
Duration |
Short-term, temporary for investigation. |
Can be longer-term, leading to formal charges. |
Intent |
For investigative purposes. |
For formal charging and prosecution. |
Rights |
Limited, with rights to be informed and consult legal representation. |
Comprehensive rights including Miranda rights, right to an attorney, and right to remain silent. |
Legal Procedures |
Less formal, may not involve booking. |
Formal procedures including booking and presentation before a magistrate within 24 hours. |
Consequences |
Usually doesn’t result in a criminal record. |
Can lead to a criminal record and legal penalties if found guilty. |
Difference between Detention and Arrest
In the field of law, detention, and arrest are two distinct concepts with significant legal implications. Detention typically refers to the temporary holding of an individual by law enforcement for questioning or investigation, often without formal charges. It’s a limited restriction on movement, usually based on reasonable suspicion. On the other hand, Arrest involves the lawful deprivation of a person’s liberty, accompanied by the intent to charge them with a crime. It requires probable cause and involves more stringent procedures. Understanding these differences is crucial for safeguarding individual rights and ensuring due process within the legal system.
Table of Content
- What is Detention?
- What is Arrest?
- Difference between Detention and Arrest
- Conclusion
- Difference between Detention and Arrest- FAQs