The flexible 72-hour time limit for arrest to arraignment / by kevin murray

Nobody desires to be arrested, and a significant amount of people that are arrested, typically had little expectation that they would be arrested.  The most obvious thing about being arrested, is one’s freedom at the point of that arrest has effectively ended.  This would presuppose that most people that are arrested, desire strongly to cut to the chase, and simply wish then to see that whatever charges that they are going to have be impressed upon them, end up being determined as soon as possible, because the sooner that a given arraignment is held, the sooner that the actual charges will thus be formally made against them, or, in some cases, dropped; as well as also the sooner that they will then have their bail amount set for those so charged with a crime.  Once, bail is set, those that are arrested, are presented with the opportunity to bail themselves out, if they have the monetary means to do so.

 

For some of us, when we, for example, go to school, time seems absolutely endless, because we are not engaged with whatever subject matter is being discussed.  When it comes to those that have been arrested, and hence are no longer free, most of those people, have a strong desire to see that the 72-hour time limit for an arrest to a mandatory arraignment or release, occurs within that actual 72-hour window.  In fact, many an arrest process, can exceed far more than 72 hours, because oftentimes in many justice courts, we find that for Saturdays, Sundays, and Holidays, that the clock is thus stopped, which perhaps is fair for those that work within the justice department, but wholly unfair to those that have been arrested, and who strongly desire to have things take their course, in an expeditious and speedy manner.

 

After all, in this modern world, time really does matter, and those then that do not report to work in a timely manner, could easily lose their job.  Further to the point, those that have other obligations, such as to their family, to their school, to their bills, to their vehicle, and so on and so forth, cannot well attend to those things when they are locked up.  So then, just the very nature of being arrested, even when the charges are subsequently dropped or reduced to some minor infraction, can be extremely debilitating to a person, depending upon their personal circumstances, which hardly seems just or fair to them.

 

In short, 72-hours to arraign someone that has been arrested, in which weekends and Holidays don’t count, isn’t fair to those having been arrested.  We do so find that In today’s world, there always seems to be some place or something that is opened 24 hours, every single day of the year; so then, it would behoove the justice and policing arm of the state then, to get to the business of making their case to a judge or magistrate, within a more reasonable time period of just 36 hours, or in fairness, even less for those crimes which are adjudged to be of a relatively minor nature.  That is to say, in a country in which guilt needs to be proven, those that have been arrested, should be processed in a way and manner, in which this very mindset is thereby taken into full and fair account.