Table of Contents
When can citizens arrest be used?
A citizen’s arrest can be carried out if the circumstances are appropriate – such as a person causing damage to property or trying to flee before police arrive. The law states a citizen’s arrest can be carried out to the prevent the person: Causing physical injury to himself or any other person.
Who has the right to make a citizen’s arrest?
California Penal Code 837 PC allows a private person to make a citizen’s arrest of a perpetrator who commits a misdemeanor in a citizen’s presence, or commits a felony and a citizen has reasonable cause to believe the perpetrator committed it. The language of the law reads as follows: 837.
How would you initiate the arrest?
Generally, an arrest may be made in two ways: 1) if a law enforcement officer arrives at the scene of the crime and determines that there is probable cause for an arrest, the officer can take a person into custody immediately, or 2) the officer may make an arrest pursuant to an arrest warrant.
What are the 5 steps in a lawful arrest?
Introduction
- inform of reason for arrest.
- Charter of Rights caution / Right to Silence.
- right to speak to a lawyer.
- access to legal aid.
- secondary police cautions.
What is the rule 123?
Rule 123. The personal details of persons deprived of their liberty must be recorded. Volume II, Chapter 37, Section F. State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
Who must prosecute criminal actions?
prosecutor
Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.
What is the order of trial?
Trial can be divided into four stages: the opening proceeding, examination of evidence, questioning of the defendant, and the closing arguments.
When can private prosecutors be allowed to prosecute?
In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court.
When may a private prosecutor prosecute a criminal action?
authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.
What are the 8 steps in a trial?
Eight stages:
- Trial initiation.
- Jury selection.
- Opening statements.
- Presentation of evidence.
- Closing arguments.
- Judge’s charge to the jury.
- Jury deliberations.
- Verdict.