What is the primary difference between arrest and detention?

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The primary difference between arrest and detention lies in the scope and duration of the interaction between law enforcement and the individual involved. Detention is typically understood as a temporary and limited restraint of a person's freedom, often used for the purposes of investigative questioning or ensuring public safety, but it does not imply that the individual is formally charged with a crime. Detention can occur without the same level of evidence or cause that would warrant an arrest, which signifies that law enforcement has made a determination that there is sufficient evidence to charge the individual with a crime.

In contrast, an arrest involves taking a person into custody with the intention of bringing them before the legal system, which typically requires a higher standard of evidence or probable cause. Arrests are formal actions with legal implications and usually allow for further legal processes to occur, such as booking and charges being filed.

The other options mention various aspects of control and questioning, but they do not accurately capture the fundamental tenet that distinguishes detention from arrest, which is the temporary nature of detention and its limited scope related to investigative needs. Recognizing this distinction is crucial for understanding law enforcement procedures and the rights individuals have during such interactions.

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