John Doe (Case Study2)
John Doe is an individual that left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to the amount of money involved, the crime is deemed a felony and John was arrested and placed in the county jail in Toms River, NJ. He is going to face the judge in the Ocean County Superior Court; however, he has no money for bail.
The police have no obligation to stop John Doe form making any statements. “Excited Utterance” made by a defendant before questioning are admissible as statements given under Miranda advisement. Due to the 5th Amendment the officers are required to read John the Miranda rights. Explaining that anything he says can be used against him and how he has a right to counsel. Miranda rights were created in 1966 because of the U.S. Supreme Court rule Miranda v. Arizona. Miranda applies to custodial interrogations since John is in police custody he is required to be given his Miranda Rights. Regardless of the fact that John is an illegal immigrant he is still expected to have the due process and equal protection clause, which also allows him to receive help if he is unable to speak English and needs someone to translate for him. If law enforcement officers fail to advise the arrested person of these fundamental rights secured by the Constitution, any unwarned statements made by the arrested person may be suppressed upon proper motion. In other words, unwarned statements cannot be used against the arrested person at his/her trial.
Some procedural steps required to be performed would be that the suspect
The police have no obligation to stop John Doe form making any statements. “Excited Utterance” made by a defendant before questioning are admissible as statements given under Miranda advisement. Due to the 5th Amendment the officers are required to read John the Miranda rights. Explaining that anything he says can be used against him and how he has a right to counsel. Miranda rights were created in 1966 because of the U.S. Supreme Court rule Miranda v. Arizona. Miranda applies to custodial interrogations since John is in police custody he is required to be given his Miranda Rights. Regardless of the fact that John is an illegal immigrant he is still expected to have the due process and equal protection clause, which also allows him to receive help if he is unable to speak English and needs someone to translate for him. If law enforcement officers fail to advise the arrested person of these fundamental rights secured by the Constitution, any unwarned statements made by the arrested person may be suppressed upon proper motion. In other words, unwarned statements cannot be used against the arrested person at his/her trial.
Some procedural steps required to be performed would be that the suspect
References: http://www.abanet.org/publiced/courts/arrestprocedure.html http://www.justicejournalism.org/crimeguide/chapter01/chapter01_pg04.html http://resources.lawinfo.com/en/Articles/Criminal-Law/Federal/the-preliminary-hearing.html Roberson C., Wallace H., Stuckey G. (2007). Procedures in the justice system/8th Ed: Pearson Education, Inc