Standards for making factual determinations in arrest and pre-trial detention: a comparative analysis of law and practice

Vogler, Richard and Fouladvand, Shahrzad (2016) Standards for making factual determinations in arrest and pre-trial detention: a comparative analysis of law and practice. In: Ross, Jacqueline E and Thaman, Stephen C (eds.) Comparative criminal procedure. Research handbooks in comparative law . Edward Elgar, pp. 191-216. ISBN 9781781007181

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Abstract

This chapter examines two of the most important and potentially dangerous aspects of criminal justice process: arrest and detention. With respect to arrest, the different approaches to factual determinations represented by the concepts of “reasonable suspicion” in England and Wales, “probable cause” in the United States of America and “flagrancy” in France are examined and compared. It is argued that international pressures on different criminal justice systems is advancing “reasonable suspicion” as a universal standard. In relation to detention, the question of the presumption in favour of release and that of preventive detention are examined comparatively and it is concluded that pre-trial detention is changing in character and becoming more focused on policing and control strategies. The problem with factual determinations in all these areas is the absence of relevant information on which decisions can be based; making these practices uniquely vulnerable to subjective bias.

Item Type: Book Section
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K5000 Criminal law and procedure
Depositing User: Shahrzad Fouladvand
Date Deposited: 25 May 2017 14:24
Last Modified: 25 May 2017 14:24
URI: http://sro.sussex.ac.uk/id/eprint/63774
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