1. What is going to Happen to John Doe Kaplan University Patricia Pryor CJ 227 John Doe is an individual that left his country in an effort to make a better life for himself. However, he does not have legal status in America and was recently arrested for shoplifting, which was valued over $1,000. 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 large amount of monies involved, the crime is deemed a felony and John was arrested and placed in the county jail in Toms River, NJ. He is going to face the judge in the Ocean County Superior Court; however, he has no money for bail. Please address the following questions and provide what John is afforded in terms of rights under our system of justice.
2. Upon John’s arrest, he voluntarily began to make incriminating statements to the arresting officers. Since he was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? At the police station, detectives conducted an interview of John asking him about the theft. Under the Fifth Amendment the police officers are required to give the Miranda rights to John. Explaining that anything he says can be used against him and how he has a right to counsel. Miranda rights were created in 1966 because of the U.S. Supreme Court rule Miranda v. Arizona. Miranda applies to custodial interrogations since John is in police custody he is required to be given his Miranda Rights. Regardless of the fact that John is an illegal immigrant he is still expected to have the due process and equal protection clause, which also allows him to receive help if he is unable to speak English and needs someone to translate for him. If law enforcement officers fail to advise the arrested person of these fundamental rights secured by the Constitution, any unwarned statements made by the arrested person may be suppressed upon proper motion. In other words, unwarned statements cannot be used against the arrested person at his/her trial.
3. What procedural steps do the officers have to perform following John’s arrest and interview both at the police station and when John is brought before a judge for the first time? Some procedural steps required to be preformed would be that the suspect John would have to be “booked” which is where the suspect would be charged. Then his personal belongings would be taken, he would be photographed and fingerprinted, fingerprinting is done to confirm his identify and also to check for any outstanding warrants. After being booked John will be held for arraignment where he will go before a judge. During this time the judge will decide if there is probably cause for his arrest. This is where the judge will decide on a bail amount or if they are released on their recognizance without bail. Because John is not a legal citizen it is possible that immigration would put a “hold” on him. Which means that even if his bail would be posted he would not be released without an immigration bond being posted. Immigration will then wait for his criminal case to finish and then proceed with deportation proceedings.
4. Identify what issues the judge would likely take into account when setting bond for John. When John goes before the judge he is then informed of the formal charges. There are many factors to take in to account when the judge decides on the bond amount. Criminal record Past history of appearing for court dates Ties to the community Is he a danger to others
5. Since John is charged with a felony, describe and contrast the preliminary hearing and grand jury alternatives that the state can use to seek a finding of probable cause. Preliminary hearing is used to determine if there is enough evidence against John to go to trial. A good way to look at a preliminary hearing is to think of it as a “mini” trial. It is where the judge will allow hearsay evidence. The judge must make their decision based on probable cause and if the prosecutors have enough evidence to convince a jury the suspect is guilty. During a preliminary hearing both sides can argue why or why not a trial should happen. Witnesses and evidence can be used and defense can cross examine. A preliminary hearing is held as soon as possible after the defendant is arraigned. Some states only require a preliminary hearing if the suspect is charged with a felony. Some states use a grand jury this is where a group of citizens listen to the evidence and determine if there should be a trial.
6. Explain what an arraignment is and what occurs during an arraignment. When John goes before the judge he will be required to stand and verify who he is, this is to ensure no mistake is being made about who the person is to avoid issues later during trial. The in most states the judge will explain to John the charges and the possible punishments. John will ask to enter his plea and it will be put on record. Arraignment is when John is taken in front of a judge at that time he can request legal counsel, either from a private attorney or from a public defender. He could also waive the right to counsel and defend himself. At this time he will enter his plea and possibly be given a bail amount.
7. References http://www.abanet.org/publiced/courts/arrestprocedure.html, retrieved April 22, 2010 http://www.justicejournalism.org/crimeguide/chapter01/chapter01_pg04.html, retrieved April 22, 2010 http://resources.lawinfo.com/en/Articles/Criminal-Law/Federal/the-preliminary-hearing.html, retrieved April 22, 2010 Roberson C., Wallace H., Stuckey G. (2007). Procedures in the justice system/8th Ed: Pearson Education, Inc
