Criminal procedure: foundations and practices

Criminal Procedure

Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself?

According to Siegel (2008), "the Fifth Amendment guarantees people the right to be free from self-incrimination." Therefore, the police officers in this case should have read the Miranda rights to John as provided for under the Fifth Amendment. On being read the Miranda warning, John should have realized that his right to remain silent was protected under the country's constitution. He should also have realized that any self-incriminating statement he made at that point could be used against him in a court of law. In this particular scenario, John is already in police custody and thus the relevance of the Miranda warning cannot be overstated especially given the need for the same during custodial interrogations. John's lack of any legal status in the United States cannot be used to deny him the right to due process.

What procedural steps must the officers perform following John's arrest and interview at the police station?

It is important to note from the onset that given that the arrest of John comes after he commits a felony, probable cause remains a critical legal guideline in this case. A warrant may not be necessary in such a scenario (Siegel, 2008). On arresting John, the police officers are required to book him. Here, John's identifiers as well as the charges for which he was arrested are recorded in a registry. Next, the police would have to take possession of any personal property John has on himself at that point. A record of these items must also be maintained. At this point, John should also be fingerprinted and photographed. On being booked, John can now be held for arraignment.

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.

In the words of Samaha (2011), "the differences between preliminary hearings and grand jury proceedings reflect different values in the criminal process." In the author's opinion, while a preliminary hearing comes across as being rather adversarial, a grand jury proceeding is taken to be more democratic. When it comes to the grand jury, a number of citizens labor through the evidence presented in an attempt to determine whether or not to return an indictment. Should this group of citizens determine that indeed probable cause exists; they recommend that the defendant in the case stand trial. On the other hand, a preliminary hearing does not call upon a jury to find probable cause. Instead, it is the judge in this case who becomes the fact finder. For this reason, a preliminary hearing is pretty much a 'mini trial'. The goal of both a jury proceeding and a preliminary hearing according to Samaha (2011) however remains similar - the determination of whether the evidence availed is sufficient to commit defendants to trial.

4. Identify what issues the judge would take into consideration when setting bond for John

Judges consider a number of factors as well as issue prior to setting bail. These factors include but they are not limited to the severity of the offense committed, John's ties to the community, his criminal record as well the probability of his absconding. The fact that John does not have any prior arrests could work in his favor. The judge may also want to determine whether John poses any danger to the community. In this scenario, John does not pose a major security threat to the community. This also enhances his chances of being granted bail. There are some grounds on which individuals can be released without having to provide bail. This is more so the case if such individuals happen to have close ties with the community. It is important to note that in setting the bail amount, the judge should take deliberate steps to ensure that the same is not punitive. This is more so the case given that the primary purpose of bail remains securing John's appearance in court during trial or hearing. It should however be noted that there are many other factors apart from the ones I have already identified that the judge could choose to rely on prior to setting bail for John. These include but they are not limited to his employment status, monetary conditions, probability of conviction, reputation etc.