Miranda Rights Case Study

Did the officers adhere to the procedural steps that are required once the suspect incriminates himself? The rule in this case is in order for the suspect to be read the Miranda rights; Officer must have both, Custody and Interrogation. They must also use the “4 prong test if suspect’s statements can be admitted into evidence. Was the statement voluntary? Was the Miranda warning given? Was there a waiver by the suspect? Was the waiver intelligent and voluntary”? (Roberson, C, Harvey Wallace. 1/2015 pg. 105). After analyzing the case study, it specifically states that, “John voluntarily made incriminating statements to the arresting officers”. In chapter 3 it states that “voluntary statements made by the defendant without having received
First issues will be that John has no money for bail. However he can consider that since John has no money he can have an exoneration of bail. In which as long as he appears in court when told to so, his bond will be exonerated. Since he has no money, I would not consider him as a flight risk but would need to check on his family history financial abilities in order for him to flee the country. If it is deem that his family back in his country is financially able to pay for a ticket, then I would also consider him as a flight risk.
1/2015 pg. 111) Depending on each state, arraignment must occur in a reasonable manner after arrest. If not handle in a timely manner it could violate the defendant constitutional rights. The 6th amendment states “a right to speedy trial”. If it delays for a long period of time, the defendant could ask for a dismissal. When an arraignment is conducted, the defendant must be read his constitutional rights. It also informs them of the charges against him or her. The defendant will then enter a plea bargain that will range from the following pleas: guilty, not guilty, nolo contendere, not guilty by reasons of insanity, former jeopardy, former judgment of acquittal or conviction. The defendant must be read his constitutional rights. They also set conditions of release, such as Bail or Bond, Release on own recognizances, other conditions and supervised release.