Introduction:
The book A Treatise On Arrest and False Imprisonment is all about the lawful and unlawful means on which the government acts and in this article we are about to get the conclusive points on whole book.
History teaches that restriction of liberty is often arbitrary and illegal. This is typically the case for people in executive positions.
Daniel Webster explained this issue.
Thus:
“The contest for ages has been to rescue liberry from rhe grasp oflhe executive power.”
A Treatise On Arrest and False Imprisonment Explaination of book:
The most common way to lose liberty is through arrest and imprisonment. Easy arrests and hidden imprisonments are indicative of autocratic leadership. The situation is exacerbated by the proliferation of new legislation from legislative mills each year. Modern legislators are known for their obsession with regulating every aspect of daily life. This would be harsh if administered by a warrant or summons. If aggressive officers are permitted to arrest everyone they see breaching laws, it becomes much more unacceptable.
No one feels safe leaving home or traveling due to the fear of getting jailed for violating unknown laws. A law review writer describes the issue as follows:
People are no longer confined to their birth village. They freely move between places, passing through numerous towns and villages. The possibility of being arrested on sight for violating local Solons’ regulations is alarming for any rational individual. No one can predict when they may be suitable for arrest.
Authorities attribute the English and American revolutions to widespread seizures and searches of people and property. Throughout history, we have learned that a people cannot be free when the executive power may arbitrarily arrest or imprison citizens or loot their property. The executive power is constrained and governed by the ‘Jaw of the Land’ or ‘due process of law.’ As a constraint for the King of England, it should also apply to all petty officers today. A Treatise On Arrest and False
The remark “The law is very jealous of the liberty af the citizen” is seen in several treatises and older cases on citizen rights. Which law applies to liberty?
A Treatise On Arrest and False Imprisonment Topics:
There are the following topics
-
DEFINITION OF FALSE IMPRISONMENT
- What Constitutes False Imprisonment
- Length of Time Required
- Damages and Liability
- Malicious Prosecution
2. ARREST WITIIOUT WARRANT
- The Law of the Land
- Summons
- Complaint
- Memorandum of Law on Arrest Without Warrant
3. BREACH OF THE PEACE & FELONY ARRESTS
- What is a Arcach of the Peace
- Arrests for Breach of the Peace
- Threatened Breach of the Peace
- Conditions of Felony Arrests
4. DEFENSES TO UNLAWFUL ARRESTS
- Burden Of Proof
- Good Faith and Probable Cause
- Ignorance of Law
- Guilt of Pany Arrested
- Immunity
The major points is described and if you wanted to read the book the link thoroughly here it is at Dailyam.
Conclusion:
A Treatise On Arrest and False Imprisonment is a book of the lawful and unlawful aspects in which everything is told which a person should have read and it indicates the major points here is the breif conclusion of book.
Arrest laws were established by the wisdom of the centuries, as stated in Magna Carta: “No one shall be arrested or imprisoned except by the law of the land.” This common law is made constitutional by the due process clause. A Treatise On Arrest and False Imprisonment.
This fundamental law supports individual liberty, but not despots who use corrupt laws and court decisions to convey their will. The question is whether fundamental law or legislative statutes and despots’ will will prevail in this case. There is no compromise between two alternatives; one must be chosen.
Anderson’s Treatise on the Law of Sheriffs emphasizes the importance of common law, noting that arrests cannot occur without due process of law. The use of Q”est without wa”am has only been legal in circumstances of public security, such as felonies and breaches of peace committed in the presence of the officer.
Today, A Treatise On Arrest and False Imprisonment people are not being detained or imprisoned “by the law of the land.” Government officials often view common law principles as a hindrance to catching “crooks” or “bad guys.” People fail to grasp that the common law aims to restrain government officials, enforce rules, and prevent infringement of individual rights. In order to protect the rights of the innocent, the common law requires that the guilty may sometimes go free. According to Sir William Blackstone, it is better for the guilty to flee than for the innocent to suffer.
In this country, A Treatise On Arrest and False Imprisonment constitutions were created to limit government acts. Judges, politicians, and police consistently breach the law with arrests, as Justice Campbell stated in the Sarah Way case: “Official illegality is quite reprehensible as private violations of law.” All citizens must recognize the law of the land as the sole rule governing their liberties, regardless of their circumstances.
We should question these officials why we have less liberty today than under a monarchy. A Treatise On Arrest and False Imprisonment is the King’s subjects benefited from the common law, honoring old ideals and maxims for life, liberty, and property protection.
