Sanctions Designed to Deter Improper Arrest or Detention: A Comparative Study among U.S. and Kuwaiti Legal System.

The improper arrest or detention of individuals represents a critical human rights concern with far-reaching implications for the rule of law, justice, and social harmony. This research paper addresses a vital and important topic, which is the reasons for the ineffectiveness of legislative measures in reducing the occurrence of illegal arrests. This paper undertakes a comprehensive comparative analysis of the legal systems in some of the United States and Kuwait states, focusing on the sanctions employed to deter and redress improper arrests and detentions. It became clear from this study that common and similar reasons between the two systems would prevent the effectiveness of legislative measures (criminal, functional, and the rule of excluding evidence resulting from the illegal procedure) from achieving its goal. This study concluded that the reasons for legislative measures not achieving their goals are of a different nature, including the lack of sincere desire to implement these measures by the relevant agencies, as well as the difficulty of implementing some of these measures in practice. Finally, this study recommended the need for a legislative, judicial, and executive review of these measures and the need to adopt means to monitor the effectiveness of these measures and the mechanism for their effective implementation. [ABSTRACT FROM AUTHOR]