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Legal Rights Afforded to the Accused

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Legal Rights Afforded to the Accused

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  • August 2012
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Analysis and Application: Legal Rights afforded to the Accused
Robenia Housman

Professor Nancy Manning CJ 227 Kaplan University

What impact does immigration status have on constitutional rights? The answer is none. The constitution states throughout “we the people”, it does not exclude person that are not of alienable status. The rights that are afforded in the constitution applies to all person(s) regardless of their citizenship status .The constitution states “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.(Declaration of Independence )(1787). Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? Since John was already in custody and had already began to incriminate himself the arresting officers were required by the Fifth Amendment right against self-incrimination to discontinued the interview until john had been properly advised of his rights, or in other words to Mirandize him. Any statements then made by John would be admissible in court because the statements made would follow the Miranda Safeguards. The statement was voluntary, John was mirandized and John waived his right by continuing to talk with the arresting officers. What procedural steps must the officers perform following John’s arrest and interview at the police station? After John’s initial interview, the arresting officers should then conduct a more thorough search of John’s person for possible weapons and any evidence that may aide in the course of the investigation. Then the booking process should begin, the booking process consists...

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