Analysis and Application The Legal Rights Afforded to the Accused

ANALYSIS AND APPLICATION 5

Analysisand Application: The Legal Rights Afforded to the Accused

Analysisand Application: The Legal Rights Afforded to the Accused

Proceduralsteps the police were required to take once John begins toincriminate himself

John’sincriminating statements call for the police to inform him of theMiranda rights as the constitution dictates under the FifthAmendment. Miranda rights were established after the Supreme Courtruling in the Miranda v. Arizona in 1966 (Robert, Wallace, Stuckey, 2007). All persons under police custody in whichthey are informed not say anything that will further incriminate themin court and also their right to an attorney. Furthermore, John hasthe right to the due process and protection clause regardless of hisstatus as an illegal immigrant. If the police fail to warn Johnagainst the incriminating statements, they would not be admissiblefor further incrimination apart from the felony charges.

Proceduralsteps police officers must perform following John’s arrest andinterview at the police station

Johnwill first be booked. Booking entails charging the arrestedindividual. John’s personal belongings would then be confiscatedafter which he would be photographed and his fingerprints taken. Fingerprinting is meant to find out John’s identity and if he hasany existing warrants.

Preliminaryhearing vs. grand jury hearings

Bothpreliminary and grand jury proceedings have the same purpose: todetermine if John’s cases is fit for the trail stage or not. Theprosecution will proceed to provide evidence about the offence offelony that john is accused of. The judge will then analyze each ofthe presentations by the prosecution and identify the evidence thecourt can accept as admissible evidence against him. Judges will rulebased on how much they will be convinced that the prosecutorialevidence is strong enough to warrant john’s trial. If theprosecutors will have sufficient evidence, John will stand trial.Evidence in the preliminary hearing includes witnesses and any otherlegal sources. John’s defense counsel will cross-examine witnessesand evidence before judge makes a ruling.Grand jury proceedingsinvolve eighteen people (the grand jury) that meet to discuss anddetermine the probable cause in the case at hand. If there is enoughevidence on John’s felony, the grand jury will let him stand trialand if not the case will be rejected.

Thetwo procedures have some similarities as well. Firstly, both areapplied in very serious cases. Secondly, both determine probablecause if the case before committing to trial. Thirdly, they are veryuseful is criminal proceedings.

Theissues that the judge will take into consideration before setting abond for John

Beforethe judge sets a certain amount of surety or its equivalent as a bondbefore the accused is released, there are several factors thatsignificantly influence the decision. They include: 1) John’sprevious involvement in criminal behavior. 2) John’s previousappearances in court for a similar matter or a different matter. 3)The role john plays in the society or the community. 4) Evidence thatJohn poses a threat to the safety of the community.

Arraignment

Arraignmentis the first time an accused person is presented before a judge torespond to the charges that have been labeled against them. Thejudge can only decide to let law enforcers reframe or gather moreevidence in case the charges of the defendant turn out to bedifferent from the ones presented. The court has the responsibilityto let John know that even though he is charged he has certainconstitutional rights during the entire process of criminalproceedings. Some of the rights that the court must make clear tojohn is the right to have a defense counsel and, of course, thedetermination that he qualifies. Other issues that are likely to comeup during an arraignment are: 1) determine if the defendant has plansof hiring an attorney or determine their eligibility for a publicattorney. 2. Establish whether the charges against the defenderqualify for a bond before release or no release at all. 3. Establishfacts about the defendant. For John Doe, the facts that he is animmigrant and a first-time offender are significant.

Reference

RobertC., Wallace H., Stuckey G. (2007). Procedures in the justicesystem/8thEd: Pearson Education, Inc