What is a Murder Arrest?

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  • Written By: Mary McMahon
  • Edited By: O. Wallace
  • Last Modified Date: 06 February 2020
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A murder arrest is an arrest on the suspicion of murder, usually in accordance with an arrest warrant. When someone is arrested for murder, it does not necessarily mean that she or he has committed the crime. Rather, it means that she or he is accused of the murder, and is being arrested in order to face trial. Arrests are often reported in the media, especially when a case is high profile, so that members of the public can follow the legal proceedings, as they are often a topic of interest.

As a general rule, a murder arrest must be executed by a police officer. However, if civilians witness a murder, they may detain the murderer in a citizen's arrest until police arrive. The legality of citizen's arrests varies, depending on the setting, and citizens are usually advised to avoid endangering themselves when they attempt to detain someone; for example, if a murderer has a weapon, it is not safe to conduct a citizen's arrest.

More commonly, a formal arrest warrant is issued for someone after investigators demonstrate that they believe that they know the identity of a murderer, or in cases in which the murder was witnessed and witnesses have identified the killer. A police officer serves the warrant, taking the accused to jail for processing. The accused may be held in jail or released on bail after the murder arrest, depending on the ruling of a judge.


Many nations have specific rules in place which must be followed when an arrest is made, including a murder arrest. If these rules are not followed, the arrest may be deemed unlawful, and the accused could potentially challenge it in court later. Police officers must be careful to observe the rights of the person they are arresting, and to document the arrest carefully so that questions in the future can be answered from the record.

Once someone has been accused and arrested of murder, she or he may opt to retain legal counsel, if this has not been done already. In some areas of the world, counsel will be appointed if the accused cannot afford a lawyer. A lawyer will assist the accused as he or she navigates the criminal justice system, ensuring that the rights of the accused are protected and that a fair trial is received. It is advisable to retain a criminal defense attorney who specializes in cases like murder in the wake of a murder arrest, rather than using a lawyer who specializes in another area of the law.


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Post 3

@Laotionne - You should remember that bail is not a guarantee for all criminals, and definitely not for all first degree murder suspects. Sometimes bail is set so high that suspects can't raise the money and are forced to stay in jail until they find a way to raise the money or until their cases are heard in court.

And in some instances, suspects are denied bail because they are considered dangerous or because they are considered to be flight risks.

Post 2

@Laotionne - In the United States we go by the motto that a person is innocent until proven guilty. I understand your point of view, but you also have to realize that many people who go to jail because of a murder arrest are eventually found not guilty when the trial process is completed.

I do not want murderers to walk around free when they should be in jail or prison, but I also do not want innocent people to spend months or years in jails while they are waiting for their cases to heard in court. I agree that the justice system is not perfect, but since we have no way of knowing for certain whether people arrested are innocent or guilty we have to go by the law, which says he or she is innocent until proven guilty.

Post 1

When someone commits murder and it is obvious that he is guilty I don't think that person should be given a chance to make bail and get out of jail. Why should a person who just killed someone be allowed back on the streets? Why should a person who committed a murder and was hiding for two years be allowed to get out on bail after he is finally put in jail on a murder arrest?

In my opinion, this process doesn't make a lot of sense. I know if someone was arrested for murdering a family member of mine or just someone I knew then I would want the murder suspect to stay in jail until the trial was over. The victim and the victim's family deserve at least as much consideration as the murder suspect if not more.

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