In which system is an arrest lawful only with prior judicial approval (except emergencies), and evidence obtained unlawfully is excluded even if it proves guilt?

• A. Adversarial System
• B. Inquisitorial System
• C. Due Process Model
• D. Crime Control Model

Answer: (C)

The ongoing safeguard here is the protection of individual rights through procedural rules. In a due process approach, arrests are generally authorized by a judicial-prior check (a warrant), with exceptions only for urgent situations. This model also enforces the exclusionary rule: any evidence gathered in violation of rights is typically excluded from trial, even if it would prove guilt. The idea is to deter unlawful police conduct and preserve the fairness of the process, so the system values right-to-dairly procedures over quickly solving crimes.

Other models lean in different directions. An adversarial setup emphasizes competition between prosecution and defense but does not inherently require warrants for every arrest. The inquisitorial system centers on judge-led investigation rather than strict warrant-based arrest rules. The crime control model prioritizes efficiency and crime suppression, and it would be more willing to admit improperly obtained evidence if it helps convict.