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.
Case Study:
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 interview 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 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 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).
1. Since John was in custody, what are the procedural
steps the police were required to take once John began to incriminate himself?
2. What procedural steps must the officers perform
following John’s arrest and interview at the police station?
3. 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.
4. Identify what issues the judge would take into
consideration when setting bond for John.
5. Explain what an arraignment is and what occurs
during an arraignment.
Note: This
Assignment will require outside research. Use at least two credible sources
beyond the text material, and discuss how you evaluated the credibility of the
resources used. You may consult the Kaplan Online Library, the internet, the
textbook, course material, and any other outside resources in supporting your
task. Use proper citations in APA style.
·
The paper should
contain a cover page and a list of references in APA format.
·
All internal
citation of outside sources plus the listing of all references should also
adhere to APA format.
