Legal Rights Afforded to the Accused
Legal Rights Afforded to the Accused
James Parkins
CJ227: Criminal Procedure
November 11, 2013
In this paper we will be discussing the procedural steps that the police are required to take once John began to incriminate himself along with the procedural steps they are required to take following the arrest and interview of John at the police station. After covering the procedural steps we will compare both the preliminary hearing and grand jury proceeding to establish probable cause for the felony charges. Once we finish covering the two procedural steps we will cover what the judge needs to take into consideration when setting the bond for John. The final thing that will be covered is what an arraignment is and what occurs during an arraignment. What are the procedural steps that the police were required to take once John began to incriminate himself? What the police are required to do falls under the Fifth Amendment. They are required to give John his Miranda Rights. They need to give him his rights explaining to him that anything he says can and will be used against him and how he has a right to counsel. The Miranda applies custodial interrogations. Since John is in police custody he is required to be given his Miranda Rights, even if he is an illegal immigrant. If the law enforcement officer fails to advise John of these rights that are secured by the constitution, any unwarned statements made by John may be suppressed upon a proper motion. In other words, any unwarned statements can’t be held against John. Next we ask ourselves, what are the procedural steps the officers must perform following the arrest and interview at the police station? The answer to this question is quite simple. The steps required are for the suspect John needs to be “booked” which is where the suspect would be charged. Once he is booked all of his personal belongings would be taken, inventoried, documented, and secured. After all of his belongings
James Parkins
CJ227: Criminal Procedure
November 11, 2013
In this paper we will be discussing the procedural steps that the police are required to take once John began to incriminate himself along with the procedural steps they are required to take following the arrest and interview of John at the police station. After covering the procedural steps we will compare both the preliminary hearing and grand jury proceeding to establish probable cause for the felony charges. Once we finish covering the two procedural steps we will cover what the judge needs to take into consideration when setting the bond for John. The final thing that will be covered is what an arraignment is and what occurs during an arraignment. What are the procedural steps that the police were required to take once John began to incriminate himself? What the police are required to do falls under the Fifth Amendment. They are required to give John his Miranda Rights. They need to give him his rights explaining to him that anything he says can and will be used against him and how he has a right to counsel. The Miranda applies custodial interrogations. Since John is in police custody he is required to be given his Miranda Rights, even if he is an illegal immigrant. If the law enforcement officer fails to advise John of these rights that are secured by the constitution, any unwarned statements made by John may be suppressed upon a proper motion. In other words, any unwarned statements can’t be held against John. Next we ask ourselves, what are the procedural steps the officers must perform following the arrest and interview at the police station? The answer to this question is quite simple. The steps required are for the suspect John needs to be “booked” which is where the suspect would be charged. Once he is booked all of his personal belongings would be taken, inventoried, documented, and secured. After all of his belongings
References: How Courts Work | Public Education. (n.d.). Retrieved November 11, 2103, from http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/arrestprocedure.html How Does a Grand Jury Work? - FindLaw. (n.d.). Retrieved November 11, 2013, from http://criminal.findlaw.com/criminal-procedure/how-does-a-grand-jury-work.html The Preliminary Hearing - LawInfo. (n.d.). Retrieved November 11, 2013, from http://resources.lawinfo.com/en/articles/criminal-law/federal/the-preliminary-hearing.html Roberson, C., Wallace, H., & Stuckey, G. B. (n.d.). The Charging Funtion. In Procedures in the Justice System (10th ed., p. 122).