Corrections is the study of punishment and rehabilitation methods used to deter criminal behavior. Penology specifically studies prison management and punishment principles. The arrest process begins with an actual arrest or voluntary surrender. An arresting officer must inform the arrested person of the cause of arrest and any warrant, using reasonable and non-violent force. A warrant remains valid until executed or lifted and allows 10 days for an arrest report, with arrests allowed day or night unless urgently necessary. The officer must then deliver the arrested person to the nearest police without unnecessary delay. A warrant is obtained through court filing of criminal charges and must identify the accused person.
Corrections is the study of punishment and rehabilitation methods used to deter criminal behavior. Penology specifically studies prison management and punishment principles. The arrest process begins with an actual arrest or voluntary surrender. An arresting officer must inform the arrested person of the cause of arrest and any warrant, using reasonable and non-violent force. A warrant remains valid until executed or lifted and allows 10 days for an arrest report, with arrests allowed day or night unless urgently necessary. The officer must then deliver the arrested person to the nearest police without unnecessary delay. A warrant is obtained through court filing of criminal charges and must identify the accused person.
Corrections is the study of punishment and rehabilitation methods used to deter criminal behavior. Penology specifically studies prison management and punishment principles. The arrest process begins with an actual arrest or voluntary surrender. An arresting officer must inform the arrested person of the cause of arrest and any warrant, using reasonable and non-violent force. A warrant remains valid until executed or lifted and allows 10 days for an arrest report, with arrests allowed day or night unless urgently necessary. The officer must then deliver the arrested person to the nearest police without unnecessary delay. A warrant is obtained through court filing of criminal charges and must identify the accused person.
CORRECTIONS- is the study of the methods that have been
and are employed for the punishment and deterrence of such
behavior and the study of the efforts to accompany punishment with measures that are intended to change or correct the offender.
PENOLOGY- is that part of the science of criminology that
studies the principles of punishment and the management of prisons, reformatories and other confinement units. The word “penology” was coined by Francis Lieber. It is also derived from a Latin word “poenalis” which means “punishment” and from a Greek word “poene” which means “penalty or fine”.
Beginning of the Correctional Process
Arrest – is defined as the taking of a person into custody in
order that he may be found to answer for the commission of an offense.
Arrest, How Made:
a) By actual restraint of a person to be arrested; b) By voluntary submission to the custody of the person making the arrest.
Method of Arrest by an Officer by Virtue of the Warrant
When making an arrest by virtue of the warrant the officer shall inform the person to be arrested of the cause of the arrest, and of the fact that a warrant has been issued for his arrest, except, when he flees or forcibly resists before the officer has opportunity to inform him or when the giving of such information will imperil the arrest. The officer need not have warrant in his position at the time of the arrest, but after the arrest, if the person arrested so requires, the warrant shall be known to him as soon as practicable.
How Arrest by virtue of the warrant is being executed?
The warrant of arrest shall be executed within ten (10)
days from receipt of the office authorized to execute the warrant. Within ten (10) days the expiration of such period, the officer to whom it was assigned for execution, shall make a report to the judge who issued the warrant and, in the case of his failure to execute the same shall state the reason thereof. No violence or unnecessary force shall be used in making arrest, and the person arrested shall not be subject to any greater restraint than is necessary for his detention. Only reasonable force shall be used in effecting arrest. Arrest can be made even if the warrant is not in position of the arresting officer at the time of the arrest. If the subject would demand for the warrant you can show to him the warrant when he is under custody or in detention.
Duration of Warrant of Arrest:
The rules not require a return of the warrant of arrest but only a report to the judge who issued the warrant of arrest. A warrant of arrest does not become stale or out of date or expired after the 10 days period it still remains valid until arrest is affected or lifted.
Time of Making Arrest:
An arrest may be made on any day and at any time of the day or night. Unless dictated by grave urgency, an arrest shall not be carried out in the middle of the night, during Saturdays, Sundays or legal Holidays, to give the suspect the opportunity to exercise his right to bail.
Duty of the Arresting Officer:
It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest police or jail without unnecessary delay.
How Warrant of Arrest is secured?
A warrant of arrest can only be obtained in court upon
filing of a criminal charge. The person charged must be arrested in order that the court may require jurisdiction over the accused and for purpose of due process in accordance with the accusation against him. The warrant of arrest issued by the judge must contain the name of the person to be arrested in which he is known for. If the warrant of arrest does not contain the name of the accused, it must contain a clear description which would reveal the identity of the accused.
The officer making arrest with or without the warrant may
break into to any building or enclosure in which the person to be arrested is or is reasonably believed to be, on the following instances, if he refused admittance thereto, after he announced his authority and purpose. The right to break any building for effecting arrest is only provided for law enforcer and not private individuals. The officer making the arrest may also summon assistance to effect the arrest of the accused or suspect.