Analysis and Application

Analysis and Application:

Legal Rights afforded to the Accused

Kaplan University Student

Analysis and Application:

Legal Rights afforded to the Accused

Once John Doe was taken into custody, the correct procedural steps should have been to read John his Miranda rights. If john still chose to make a statement to the police, the officers would have had to require John to give a written statement, once his Miranda Rights were read to him and he still chose to talk then, everything he said could potentially be used against him.

When John Doe was arrested and brought to the police station, then first thing that should be done is to process John Doe or booked. During the booking process the police would document personal information, take photographs, and have John fingerprinted. During the booking process questions are asked, such as, your name, place of birth, birth date, height, weight, etc. All of those questions being asked during the in-processing is an exception to the Miranda rules. Now that the in-processing is complete they would escort John into an interview room, for questioning. John Doe would then be reminded of his Miranda Rights, and he would be asked if he understands his rights

A felony charge was initiated against John Doe, by a complaint filed by a prosecutor in court. Depending on what jurisdiction of an indictment can determine whether or not the suspect is required to stand trial for his/her crimes. An indictment is a formal written statement framed by a prosecuting authority and found by a jury (as a Grand Jury) charging him/her of an offense.

The initial process of John being placed under arrest and placed into custody is now complete. The next step in the process would be to go to an arraignment; during the arraignment the court will discuss bail, if one at all. The court will take into account the severity of the crime, past criminal history, and the fact that Mr. Doe is from another county which makes him a...