How is this legal?

Question

When a person is a suspect and has a warrant for their arrest and are picked up by the police how can they put them in jail? The person hasn't yet been convicted so they are innocent. So how can the state imprison them and make them pay to re-obtain their freedom before proving they did anything illegal?

First of jail is still imprisonment, like prison. I know allot of what you have said, but even if charges are filled within the required time, how can they keep you if they haven't yet PROVED you broke the law?

For sentances under 1 year the suspect serves them in jail, over a year is generally prison. I am questioning the legality of "detaining upon suspicion".

Answer 1

This guarantees thet you will appear for your hearing. If the authorities don't have this to hold over your head, many people would not show up for court. In cases where the "crime" was violent this is done to protect others from being harmed.

Answer 2

The simple answer to your question is that this scenario is legal because the State’s legislature has made it so. These representatives are giving the responsibility of balancing the individual’s rights, with the rights and safety of the public. Thus, the reason why it is a good idea to temporarily hold suspects is for the following:

1.)If the individual is deemed a flight risk, then it is just and moral for the State, in order to see justice carried out, to temporarily detain the person until a trial can be held.

2.)If the individual is deemed a danger to the public, then it is just and moral to isolate that person from society. Example, a child rapists for instance. If a man is running around raping children, don’t you think it’s a good idea to take him off the streets for the public’s safety?


3.)If this person was not taken off the streets and placed in jail, the victims of his suspected crimes may want revenge. Thus, once again, it may be good to separate the individual from society temporarily.

In my opinion, it is both rational and moral for the State and justice system to do these things. If you think differently then you would require an entirely different justice system, society, and human nature. Sorry, but it’s the truth.

Answer 3

Your question doesn't really reflect reality. If you are picked up on a warrant, the DA's office has gone before a Judge with sufficient evidence to convince the Judge that you have likely committed a crime.
When you are picked up and imprisoned at this time your incarceration can't legally exceed a certain amount of time, and the sum of money you pay to re-obtain your freedom is a way of ensuring that you will make yourself available when proceedings against you actually begin.
In this circumstance, although technically you are innocent, there is probable cause to beleive that you have committed a crime, and under those circumstances you lose some of the freedoms that someone who isn't suspected of anything enjoys.

Answer 4

Obviously, a judge felt there was enough evidence to issue a warrant to arrest the person. You cannot charge a person with a crime until they are arrested. Of course it's legal. The person is then brought to court to face the charges. They can either plead guilty, not guilty, nolo contendre, etc... The judge then has the right to set bail or release the defendant pending trial. They are not going to prison for 25-life without being convicted. My god! Oh, by the way, bail money is sort of a promise of good behavior and a promise not to run away, if you can't post bail, they keep you.

Answer 5

Only a person with a warrant can be arrested. Afterwhich, a case must be filed against the suspect within the required period as provided for in the law depending upon the crime committed. When a case is filed, the suspect can go out on bail while the case in being tried.

Answer 6

They are held in confinement until a hearing, usually very quickly, to determine if they are a flight risk or a danger to society until their trial. Should they prove to be either, or be unable to post a bond (guarantee that they will show for court) then they can be held until their trial. Generally, if they are convicted, any time they served in JAIL, prior to going to PRISON, will be deducted from the length of their sentence.

Jail is usually used to prevent the continuance of a criminal act. For instance, if you are in a fight, they will arrest you to end the fight, take you to jail and let you "cool off", or sleep off a drunk, before releasing you back into the wild :) In America, it is very seldom used by law abiding police forces as an actual punishment, as the ACLU would eat them alive. Prison on the other hand is where you go when you have been convicted of a crime and is a different sort of place than a jail.



Following your edit!!!!

The Constitution does not say you can't be arrested. It says that if you are arrested, you have the right to a speedy trial, and protection from excessive bail, and cruel and unusual punishment. PRESUMED INNOCENT refers to the type of trial we have in the US. It means that the onus is on the state/county whatever to prove your guilt, NOT on you to prove your innocence. You have taken your definition of Innocent until proven guilty and applied it to something it does not cover.

Answer 7

The person is being held on suspicion. They may obtain their release by posting a bond or bail, for an amount calculated to make them return to court, when scheduled. Some crimes, there is no bail for, as they are considered to be so heinous, that a person would not wish to return for a trial, or that releasing the person would endanger others. Upon returning, the person will receive the bond, or bai amount back, or if using a bondsman, he will only pay for a percentage of the bond, which the bondsman put up to insure his return.

Answer 8

when there is a warrant for someones arrest that means that the law enforcement authorities have reason to believe that this person is guilty. So they are aprehended.

Later they can post bail if granted and have their freedom limited so that they do not flee.

they can prove whether they are innocent or not during the court appearances.

It is not the law enforcement who decides if a person is guilty or not, it is the courts. If they were not arrested, they could easily escape and never be tried in court.

Answer 9

First off ' if ' they have enough to warrant picking you up and detaining you,
then,
they have enough 'proof' to imply that you may have done something.

They will not keep you for more than the allowed time (24-72 hours depending on where you are) because they do not want a suit filed for illegal detainment.

Answer 10

It's called "pre-trial confinement" and is perfectly legal. What are they supposed to do, arrest you and then let you go so you can skip out on the charges? That's what the bail bond system is for...when you get arrested you're taken into custody and secured, first in a patrol car and then in a holding cell until you're arrainged. At arraingment, you either post bond and go home, or you don't post bond and stay in jail. Either way, the confinement is legal.

Answer 11

All countries have different legislations. But I'm pretty sure it's the same in most places. The police have to have enough evidence to be able to issue a warrant for arrest. They are not convitcted, it is simply detaining them until further investigations are carried out.