'Right to Arrest' and 'Right to Charge'

[Tyla Jai]

Is this a new law or a change to a current law: (Concept)

Description:

If you are not familiar with the difference, here is a very basic description of each term in how it would work on PERP.

Charge - (placing them in jail, you are confident they have committed an offence beyond all reasonable doubt).
Arrest - (an allegation has been made whether by you or another and you are placing them under arrest for the purposes of an interview and they can be put in a holding cell, you may not have evidence of the offence).​

I believe that 'Right to Arrest' should be modified so that it is completely legal to arrest a person under suspicion of an offence but you do not have full evidence to support it. Below is a possible change to the 'Right to Arrest' law.

Law enforcement officers may arrest any person who they reasonably believe has committed a criminal offence. There is no requirement for an arrested person to be imprisoned.

And below a concept 'Right to Charge' law.

Law enforcement officers may charge any person who has been proven without reasonable doubt and through solid evidence to have committed a criminal offence. There is no requirement for a person charged with an offence to be imprisoned.

Why should this change be made: As it currently stands, the right to arrest law is very unrealistic and I really hate to tell people they are being detained rather than 'arrested on suspicion of an offence'. So really most of the benefit from this law comes down to realism.

What is the aim of this change: It should create a more realistic and professional arrest procedure.

Additional Information: Charging an offender doesn't work exactly like said in this thread as we don't actually have a court system, look it up if you're interested in how it works (or join paralake crime agency xd).

 

[Collier]

- snip -

After @LordTyla explained it to me, I will be +supporting this for the following reasons:

- It will increase the amount of investigations being done
- It will make arrests more realistic

(basically what Tyla already mentioned, but I had to write something constructive xd)

 

[Tyla Jai]

I believe this is a good idea, as it happens quite a lot, that people start screaming "You have no evidence to place me in cuffs, release me! I'm getting a supervisor, you're being demoted!". However, this might be open to abuse & people might take it the wrong way, such as:

- Somebody who DID NOT commit a crime get's jailed immediately for simply being at the crime scene with a weapon, as officers might take the "Right to Charge law" as an excuse to jail them without any evidence at all.

No, the idea is that you can't be put in prison until you are charged, and you can't be charged until you are confident beyond all reasonable doubt which in legal terms for a Criminal Court is (98-99%) so you do need solid evidence to convict somebody at this point. If somebody is arrested for mugging a woman and they turn around and say an elephant told them to, it's not impossible so therefore you are not sure beyond all reasonable doubt. You would then have to somehow prove there wasn't a magical elephant telling him to do it.

This should then actually promote investigation and you will theoretically be more likely to receive a supervisor to review it before there is any prosecution. Hope this covers anything that is not clear enough and that you think it's a good idea.

 

[Garret_Pp]

Add:
testimony from a LEO is reason enough for the conviction if a suspect and the testimony from a supervisory in cases where another LEO is involved.

Also add:
A person charged with a crime may may only be held for a maximum of 10 minutes without charging and this time must not be spent idle.

 

[M]

PARALAKE POLICE DEPARTMENT
POLICING AND POLICY​

Thank you for your input! This feedback is currently being considered further by the Policing and Policy department.

After this review is complete, the Chiefs of Department will consider the options available such as implementation, community feedback, etc. and you will be informed of any progress here.

Feel free to continue posting your views.

 

[Garret_Pp]

ACCEPTED AND ADDED
https://perpheads.com/threads/various-penal-code-reform.21516/#post-140360​