John Doe Was in Custody, What Are

¶ … John Doe was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? Being a foreign person, John Doe would perhaps not be aware of his rights as an arrested man in the United States. Once he began to incriminate himself, the police had the responsibility of giving him the Miranda warning which would provide him with necessary information.

Doe may not have been aware that he had the right to remain silent or the right to have an attorney present during his questioning (Writing 2011). Because some people are not aware that they have these rights, the police are supposed to tell the detainee. What procedural steps must the officers perform following John's arrest and interview at the police station? After the interview, police must place the suspect under arrest and then the suspect is searched for weapons or drugs. The suspect is then booked.

Basic information about the person is provided, then the suspect is photographed and fingerprinted. He or she may also be required to provide a handwriting sample. Any personal property and money is inventoried and stored (Smith 2010). 3. The court could choose either a preliminary hearing or a grand jury proceeding to establish probably cause for the felony charges in this case. Compare and contrast the two procedures. A preliminary hearing is when the prosecution of a case and the defense meet before a single judge.

Based on the evidence or lack thereof, the judge will decide if there is just cause in continuing on with the case to a trial. If there is not enough evidence, he will throw the case out and the arrested person will go free. The other question that comes up at a preliminary hearing is over jurisdiction and whether or not the current court has the right to hear the case. At this hearing, the defendant is represented by counsel.

If he or she cannot afford counsel, such as would be John Doe's case, the court will provide an attorney for them (Coleman 1970). A grand jury is similar to a preliminary hearing in that the function is to determine whether or not there is enough evidence to take a defendant to trial. If enough information is found, the suspect will be indicted for the crime.

However, rather than a single judge making the decision to proceed with a case, the conclusion is up to a group of people, similarly to a jury at the actual trial later on (Turley 2007). The idea behind the concept of the grand jury was that it protected average citizens from steadfast prosecutors and so-called "hanging judges." 4. Identify what issues the judge would take into consideration when settling bond for John. There are several things that determine how high bail will be set (Fitzgerald 2011). They are: a.

Nature and circumstances of the offense b. Family ties to the community c. Financial resources of the defendant d. Length of residence in that community e. Defendant's character and mental condition f. Criminal history g. Previous record of appearing in Court as required 5. Explain what an arraignment is and what occurs during an arraignment.