Analysis and Application: Legal Rights Afforded to the Accused
The following case study presents issues related to the legal rights afforded the accused and the reasons those rights are provided to all individuals under our system of criminal justice.
John Doe is an individual who left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interrogation of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to the amount of money involved, the crime is deemed a felony and John was arrested and placed in county jail, however, he has no money for bail.
Please discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions in a 2–3 page paper (excluding the title page and reference page).
- Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself?
- What procedural steps must the officers perform following John’s arrest and interview at the police station?
- The court could choose either a preliminary hearing or a grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures.
- Identify what issues the judge would take into consideration when setting bond for John.
- Explain what an arraignment is and what occurs during an arraignment.