Unit 4 Assignment
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.
Once John was in custody, the procedural steps the police were required to take once John began to incriminate himself was to read John his Miranda rights. The Miranda Warning is required for law enforcement to read when a suspect is taken into custody and is going to be questioned or interrogated. If the Miranda Warning is not read, it is a violation of the suspects fifth amendment right against compelled self-incrimination. In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel. That means if a law enforcement official decides to not read a suspect their Miranda rights and they end up being interrogated, they cannot use that person's statements to incriminate them in a criminal trial. This is why it was very important that the police read John his Miranda Rights.
Some other procedural steps the officers must perform following John's arrest and interview at the police station is an initial or first appearance or arraignment before a judge or magistrate (which is a public
References: http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/arrestprocedure.html http://www.ushistory.org/documents/amendments.htm http://www.law.cornell.edu/supct/html/historics/USSC_CR_0384_0436_ZS.html http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-weinreb/preliminary-examination/gerstein-v-pugh/