John I Uploaded Material Reference. Bibliography: Stuckey, Case Study

JOHN

*I uploaded material reference. BIBLIOGRAPHY: Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures justice system (8th Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall. Case Study: John Doe individual left country effort make a life

The case of John: Felony charges

In this case of 'John Doe,' the suspect who is accused of larceny was arrested because he began to make incriminating remarks while being investigated. He was then placed under arrest by the police. If the police have probable cause to believe that a suspect committed a crime, they may place John under arrest without a warrant, as they did in this specific instance. However, the police must read John's 'Miranda Rights' before processing him (FAQ: Police interrogations, 2012, FindLaw). A suspect's Miranda Rights include the right to remain silent and to have an attorney, regardless of whether the suspect can afford an attorney or not. Also, "before a suspect can waive his or her Miranda rights, he or she must first be informed of those rights, and must understand the rights as explained to them. From this point, the behavior of the suspect can constitute implied waiver of Miranda rights even if the suspect never explicitly states that he wants to waive them" (Waiving Miranda Rights, 2012, FindLaw). However, given that John's first language is not English, an interpreter must likely be provided to ensure that he genuinely understands his rights. If a suspect does not understand what is said to him, he cannot be assumed to have waived his Miranda Rights (Perez 2009). After the suspect has been read his rights, he will be fingerprinted, "law enforcement agencies are responsible for fingerprinting individuals arrested on a felony, any misdemeanor in the penal law and selected other misdemeanors and violations" (Standard practices, 2012, Arrest introduction).

Before a trial date is set, John Doe will appear before a grand jury or a preliminary hearing. During a grand jury, "the prosecution presents the case to a group of citizens outside the presence of the defendant and the grand jurors are asked to determine whether probable cause exists based on the evidence presented to them by the prosecution. If the grand jury finds probable cause they return an indictment which then becomes the charging document in that particular case" (What is the difference between a grand jury and a preliminary hearing, 2012, J. Davidson). A preliminary hearing, in contrast, "is conducted in a manner very similar to that of a trial however during a preliminary hearing there is no jury rather a judge is the fact finder and the burden…