Legal Rights Afforded to the Accused

Cite this

Introduction

The case is focused on John Doe, a person that has committed a felony and was caught because of shoplifting. The problem is that he has started to make incriminating statements during the time of the arrest. Several sources were consulted to get a better understanding of the case. A book by Neubauer and Fradella (2015) titled “America’s Courts and the Criminal Justice System” is credible because the authors are quite experienced in this area. Moreover, Cengage Learning is a publisher that is known for well-researched and accurate works. “Basic concepts in criminology” by Thomas (2014) was also studied, and it may be regarded as reliable because the writer is a protective service officer and the target audience is law enforcement personnel. A book by Roberson and Wallace (2015) titled “Procedures in the Justice System” also will be used, and the information included is valid because authors have got a set of achievements and are respected by scholars.

Cut 15% OFF your first order
We’ll deliver a custom Law paper tailored to your requirements with a good discount
Use discount
322 specialists online

Procedural Steps

One of the most significant aspects that should not be overlooked is those police officers should have read Miranda rights to an individual once he started to make incriminating statements. The warning is given to suspects that were taken into a facility and are going to be interrogated or questioned, and this step is required by law. It was necessary to explain that his claims or comments could be used against him. Moreover, the Fifth Amendment is violated because a person has a right not to incriminate himself. The Supreme Court stated that the admission of such statements made by an individual who is not aware of these rights is a violation of the Fifth Amendment and the Sixth Amendment according to Miranda vs. Arizona case (Thomas, 2014). It should have been understood that he has the right to get support from the council and should have been provided with the necessary information. Therefore, it is possible to state that such information cannot be used in a criminal trial. He is noted as an illegal immigrant, but he still has the right to have a fair trial. Moreover, it is entirely possible that his level of English was not sufficient, and this is an aspect that should be acknowledged. Also, the person should be provided with security. All the belongings should be taken away and kept in a safe place. A body check should be performed to identify if an individual has dangerous or illegal objects. The information about the procedures should be recorded with the use of a computer. Such crucial steps as arraignment also should not be disregarded because it is an essential part of the process.

Possible Procedures

It is necessary to mention that several similarities between these two approaches are present. First of all, both of them are utilized to determine probable cause and to identify if the case needs to be continued. Also, both of them are used when criminal activities are involved. A preliminary hearing should be conducted before it has been demonstrated to the grand jury. Also, a request of the defendant is mandatory. The magistrate analyzes available pieces of evidence to evaluate if the case may be dismissed or not by the judge. The solicitor may agree or disagree with the decision depending on the situation. Grand jury proceedings utilize 18 individuals that review cases, and the procedure is primarily focused on the determination of probable causes. The indictment may be dismissed if the evidence is not sufficient, but the prosecutor may present another one. Grand jury proceedings are preferred because they require less time and fewer resources. Also, a preliminary hearing cannot be performed if the second one was conducted (Neubauer & Fradella, 2015).

The judge is going to consider such factors as the criminal record of an individual. His appearance at courts dates will also be reviewed. Interpersonal ties are also critical most of the time, and his employment also needs to be taken into account. It also would be reasonable to identify if he is dangerous to others or not (Roberson & Wallace, 2015). Overall, the most attention should be devoted to the probability of him showing up at the hearing. The fact that he is an illegal immigrant is a significant risk factor because a flight is possible.

Arraignment

Arraignment can be described as a process during which an individual that is being charged is informed about vital aspects of a particular case. Its primary objective is to ensure that no issues or complications occur, and the legal matter is resolved promptly. The defendant is summoned by a judge, and necessary information is verified to avoid errors. Another core aspect that should not be overlooked is that delay may be quite problematic. Moreover, one should consider a plea. The arraignment is not viewed as a stage that determines the outcome of the case, but a workgroup gets a better understanding of case attrition (Neubauer & Fradella, 2015).

Conclusion

In conclusion, it is quite evident that several complications may occur because police officers did not respect the rights of an individual. The case is also complicated by the fact that he is an illegal immigrant. Overall, it is possible to state that grand jury proceedings are appropriate in this case, and it is likely that the defender will have to plead guilty.

References

Neubauer, D. W., & Fradella, H. F. (2015). America’s courts and the criminal justice system (12th ed.). Boston, MA: Cengage Learning.

On-Time Delivery!
Get your customized and 100% plagiarism-free paper done in as little as 3 hours
Let’s start
322 specialists online

Roberson, C., & Wallace, H. (2015). Procedures in the Justice System (11th ed.). New York, NY: Pearson Education.

Thomas, A. N. (2014). Basic concepts in criminology. Bloomington, IN: Trafford Publishing.

Cite this paper

Select style

Reference

Premium Papers. (2022, May 26). Legal Rights Afforded to the Accused. Retrieved from https://premium-papers.com/legal-rights-afforded-to-the-accused/

Reference

Premium Papers. (2022, May 26). Legal Rights Afforded to the Accused. https://premium-papers.com/legal-rights-afforded-to-the-accused/

Work Cited

"Legal Rights Afforded to the Accused." Premium Papers, 26 May 2022, premium-papers.com/legal-rights-afforded-to-the-accused/.

References

Premium Papers. (2022) 'Legal Rights Afforded to the Accused'. 26 May.

References

Premium Papers. 2022. "Legal Rights Afforded to the Accused." May 26, 2022. https://premium-papers.com/legal-rights-afforded-to-the-accused/.

1. Premium Papers. "Legal Rights Afforded to the Accused." May 26, 2022. https://premium-papers.com/legal-rights-afforded-to-the-accused/.


Bibliography


Premium Papers. "Legal Rights Afforded to the Accused." May 26, 2022. https://premium-papers.com/legal-rights-afforded-to-the-accused/.