Cj227 Unit 4

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Unit 4 Assignment

CJ227

Metcalf

20140322

In this assignment I will be discussing the case of John Doe. A man who was arrested in the US for theft, when he’s a resident of a different country. I will be answering two questions. Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? What procedural steps must the officers perform following John’s arrest and interview at the police station? I will also comparing two different procedures that could happen. I will also explain what an arraignment is and what occurs during one.

Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? Well first off the definition of incriminate is “[to] make someone appear guilty of a crime or wrongdoing; strongly imply the guilt of someone”. First off police would start off with asking John about the theft. And because of the “Fifth amendment” they have read him his Miranda Rights (Miranda v. Arizona 1966) making sure he understands what he says can be used against him. Also that he has the right to a lawyer/counsel. Even though John is an immigrant he is still expected to have “due process” and he still has rights to help, especially if he can’t speak English. And just like a US citizen, if police don’t read John his rights what he says won’t be acceptable in court.

What procedural steps must the officers perform following John’s arrest and interview at the police station? One step that would be taken would be to “book” John. With this he would be charged, all his belongings on him would be taken away, and he would be photographed and fingerprinted. After he would be set an arraignment day where the judge will decide if there was “probable cause for his arrest” and set a bail. Another thing that would also be happening would be, since he is not a US citizen, immigration would “hold” him even if his bail was posted. Immigration...