Hacker News new | ask | show | jobs
by dragonwriter 4359 days ago
> The study appears to be using "arrested" to mean "convicted of a crime for which the person could have been arrested (taken in to police custody)"?

No, it uses it to mean arrested.

> Example: I have never been arrested/taken in to police custody but, I was convicted of providing alcohol to minors at a college party and, had I not willingly taken the citation from the officer or, had I been belligerent and uncooperative, I could have been arrested.

Legally, a citation issued for a crime is a non-custodial arrest. [1]

> Technically, you could argue while the officer was issuing me the citation I was under some sort of arrest, but that does not comport with either the legal notion of being under arrest or what most people think of as being under arrest.

No, it comports quite exactly with the legal notion of arrest, which can either be non-custodial (the type you report having experienced) or custodial (the type which tends to involve handcuffs.) To the extent the Wikipedia article you cite is inconsistent with that (and you seem to have linked to an irrelevant section of the article, though I do so material earlier which, though it is inaccurate, supports your presentation), it is simply wrong.

[1] See, e.g., http://www.waprosecutors.org/manuals/search/May%202012%20%20.... @ p. 252: "A non-custodial arrest occurs where the defendant is issued a citation for a criminal offense at the scene of a stop."