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

Meshari Kh. Aleifan1 & Ahmad H. Alqahtani2

Abstract
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.

Keywords: Improper Arrest, criminal, discipline, Exclusionary Rule, Sanction, Kuwait, United States