This paper examines citizen's arrests as a longstanding feature of the American legal system, tracing their origins to Anglo-Saxon law and medieval England. It discusses the constitutional and statutory foundations that govern citizen's arrests across U.S. states, outlines who may lawfully make such an arrest, and presents several real-world cases illustrating both successful and problematic outcomes. The paper also addresses the growing role of private security guards in performing citizen's arrests, the "vigilante" criticism often leveled at this practice, and the significant legal liabilities — including civil suits, criminal charges, and evidence admissibility issues — that citizens may face when attempting an arrest without full knowledge of applicable law.
This paper introduces, discusses, and analyzes the topic of citizen's arrests within the broader context of criminal justice. It covers the history of citizen's arrests, their place in today's society, and several real-world examples along with their outcomes. It also examines the downside of making a citizen's arrest — including repercussions to the individual such as civil action and liability. Citizen's arrests are more common today than they have been in the past, with many states reporting higher incidents of these types of arrests (Grossack; Takata). Citizen's arrests have a long and varied history and remain a frequently valid form of citizen involvement in the often complex process of law enforcement and criminal justice.
The history of citizen's arrests goes back to the beginnings of Anglo-Saxon law in medieval England. Because medieval sheriffs were spread so thin, they encouraged citizen involvement in law enforcement. Constitutional attorney David C. Grossack notes, "Sheriffs encouraged and relied upon active participation by able-bodied persons in the towns and villages of their jurisdiction" (Grossack). In fact, English citizens had nearly the same rights to make arrests as officials did, and this tradition continued in the constitutional concept of posse comitatus, which persists in both the United States and England today. Essentially, this concept grants a private citizen or group of citizens the authority to arrest anyone breaking the law.
Many people believe the right to make a citizen's arrest is rooted in the Ninth Amendment of the Constitution, which guarantees a person's right to self-preservation and the defense of other citizens (Grossack). By definition, most states agree that a citizen's arrest involves a private citizen detaining a suspect on their own. This is permissible when the citizen witnesses a suspect committing a crime or has a reasonable belief that the suspect has committed a felony. Some states, such as Kentucky, even allow the use of deadly force during a citizen's arrest, while many others prohibit it.
Just about anyone can make a citizen's arrest if it is justified. Most states do require that the crime be a felony before a citizen can make an arrest. Any private citizen — a friend, a neighbor, or even a spouse — can legally make an arrest if the criteria are met. The law does not stipulate who can make the arrest, only what type of crime qualifies. For example, a person could not arrest their neighbor for making excessive noise at 2:00 a.m. on a Saturday morning, but could arrest that neighbor if they witnessed him break into a house or rob someone.
While citizen's arrests are often helpful to law enforcement, many repercussions can follow from making one, and as noted, they are becoming more common in today's society. Many states have statutes that allow a suspect who is not convicted of the crime to sue the citizen who made the arrest. There are also other technicalities in most states that limit citizen's arrests to felony violations. Many experts believe citizen's arrests are becoming more frequent because of increased crime rates and because more people are encountering citizen's arrest stories in television and other media. Today, most people know what a citizen's arrest is and are not afraid to attempt one. While this can be a rewarding experience, there are also serious problems that can be dangerous and extremely damaging.
"Maryland parking, D.C. bank robbery cases"
"Security guard arrests and court admissibility"
"Civil suits, criminal charges, and limitations"
Citizen's arrests have long been a traditional, if uncommon, part of the legal system. They enable private citizens to make arrests when the time is right and bring criminals to justice who might have avoided arrest in other situations. However, citizen's arrests can become legal nightmares if they are not handled correctly. A citizen can unintentionally violate a suspect's rights and may face legal, financial, and ethical repercussions from the attempt. These types of arrests are complex, but they do add dimension and additional depth to law enforcement and the criminal justice system.
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