• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Effect of Subsequent Misconduct upon a Lawful Arrest

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Effect_of_Subsequent_Misconduc ...
    Size:
    936.0Kb
    Format:
    PDF
    Download
    Author
    Shulman, Harry
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/4103
    Abstract
    Assuming that the actor has made a proper and valid arrest, what effect has a subsequent dereliction of duty or misconduct on the part of the actor towards the prisoner ? The question may arise in several ways. 1. If the arrest is made under process, the actor may fail to return the process, or may make a defective return. 2. Following an arrest either with or without process, the actor may fail to use reasonable diligence to bring his prisoner promptly before a proper court or magistrate. 3. Or the actor may release, or permit the release of, the prisoner without presentment before a proper court or magistrate. 4. Or the actor may misuse his official power over the prisoner in order to coerce him to comply with some demand which has no relation to the purpose of presentment before a proper court in the due course of administration of the criminal law, as for example, to compel the prisoner to restore property, or to pay money, or, perhaps, to disclose evidence against himself or others. 5. Or the actor may use unnecessary or unreasonable force against the prisoner in maintaining his custody, or he may take advantage of his power in order to inflict bodily harm on the prisoner or to commit some other independent and recognized tort. It will be shown later that there is abundant authority for holding the actor liable civilly to the prisoner for any invasion of a legally protected interest of the prisoner, resulting from any of the above acts or omissions on the part of the actor. But a great number of cases go much further. There are many cases holding that the first, second and third types of misconduct dislodge the actor's privilege in making the arrest and make him liable for the entire imprisonment in the same manner as if the original arrest were unprivileged. There are a few decisions which give a similar effect to misconduct of the fourth type. But there is no direct decision as to the effect of misconduct of the fifth type, although there are a few dicta which will be discussed later.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.