Citation in Lieu of Custodial Arrest

 

Citation header

Recommendation

Jurisdictions should use citation releases by law enforcement in lieu of custodial arrests for non-violent offenses when the individual’s identity is confirmed and no reasonable cause exists to suggest the individual may be a risk to the community or to miss court dates.

Description

The legal principle of pretrial release on least restrictive conditions should start with the initial contact with law enforcement. As such, many arrests for minor offenses can be addressed with the issuance of a citation or summons in lieu of detention. Many jurisdictions now use simple in-field proxy tools to determine if a defendant needs to be taken into custody.

American Bar Association Standards

Standard 10-1.3

  The principle of release under least restrictive conditions favors use of citations by police or summons by judicial officers in lieu of arrest at stages prior to first judicial appearance in cases involving minor offenses.
ABA Criminal Justice Standards on Pretrial Release Third Edition

Resources

Citation In Lieu Of Arrest - IACP LJAF 2016
Citation-in-Lieu-of-Arrest-IACP-LJAF-2016.pdf
5.8 MiB

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Citation In Lieu Of Arrest Trifold - IACP LJAF 2016
Citation-in-Lieu-of-Arrest-Trifold-IACP-LJAF-2016.pdf
2.8 MiB

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Using a Proxy Score to Pre-screen Offenders
Using a Proxy Score to Pre-screen Offenders (Bogue, Woodward, Joplin 2006).pdf
166.2 KiB

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Clarifying The Post-Arrest Process In Wash DC
Clarifying the Post-Arrest Process in Wash DC - CCE 2013.pdf
3.7 MiB

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