Rene Balderrama CJ227-03: Criminal Procedure Unit 4 Project April 19, 2011 Professor: Kurt Austin Zimmer Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? The police have no obligation to stop John Doe from making any statements.
“Excited Utterance” made by a defendant before being questioned are admissible as statements given under Miranda advisement. Once the police begin to question John Doe regarding the theft, then they are required to read or provide Mr. Doe with his Miranda Warnings. Miranda rights (Miranda rule, Miranda warning) n. he requirement set by the U. S. Supreme Court in Miranda v.
Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: “the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against” him/her.
Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant’s criminal trial.The warnings are known as “Miranda Rights” or just “rights. ” The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect? What procedural steps must the officers perform following John’s arrest and interview at the police station? After arrest, a suspect is then taken into police custody and “booked” or “processed.
During booking a police officer will then take the suspects personal information (i. e. , name, date of birth, physical characteristics); records any information about the suspect’s crime; performs a record search of the suspect’s criminal background; fingerprints, photographs, and searches the suspect; confiscates any personal property carried by the suspect (i. e. , keys, wallet), to be returned upon the suspect’s release; and places the suspect in a police holding cell or jail. The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.The court could choose either a preliminary hearing or grand jury proceeding to establish probable cause for the felony charges in this case.
Compare and contrast the two procedures. Preliminary hearing would indicate that John Doe was arrested and a complaint issued or filed with the Ocean County of where the violation occurred. Thus, prompting the judicial process: i. e. Preliminary hearing, plea, and trial. Grand jury would entail the officer or ADA presents the Grand Jury with the facts or probable cause of reasons why John Doe was arrested. Grand Jury could hear testimony from the officer and witnesses associated with the case.
Once the facts are presented the Grand Jury would have an opportunity to ask questions. After the hearing, the Grand Jury would be requested to vote and either issues a true bill of indictment or find a no bill for Mr. John Doe. The judge may look at the following factors in his decision to grant or deny bail; character of a person, their habits, ties to a neighborhood or country of origin, the risk of them jumping bail due to his immigration status, and mental or employment conditions. If the judge feels that Mr. Doe is a flight risk due to his immigration status, they may put an immigration hold on Mr. Doe.
Once the case has come to a conclusion if the verdict is guilty the judge my order Mr. Doe to incarceration, deportation back to his home country for him being in the country illegally per the rules and regulation of Homeland Securityry J. Siegel