Legal Rights Accused Analysis

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Analysis and Application: Legal Rights Afforded to the Accused By Kimberly Fleetwood CJ227: Criminal Procedure January 31, 2012 The police were not required to take any procedural steps even though John had made incriminating statements. If they had made the decision to question him on what he was saying, then they would have been obligated to read him his Miranda Rights. It would seem to me though that the police would not stop him to ask questions. The statements he was making would have surely been admissible in court. The only thing the officers needed to do was to take John’s statement down in their report. Following John’s arrest and interview, he would have to be booked into jail. During the booking process, his biographical…show more content…
Also in a preliminary hearing, it is the judge who decides whether there is enough probable cause for a case to continue. A judge can dismiss a case if they feel that there is not enough probable cause. In the end though, the prosecutor could override the judge and still prosecute the case. Grand jury proceedings are only conducted by the grand jury. The grand jury consists of about eighteen people who review cases that are to be presented. If the grand jury decides that there is sufficient evidence, they will write down their decision that is to be signed by the foreperson. If they decide that there is insufficient evidence, the indictment is then dismissed. The prosecutor would then have to present another indictment if they wish to continue with the case. The issues that the judge were to have considering John’s bond is that one, he is in the United States illegally. The next thing to consider is the fact that he has no family ties in the U.S. at all. This alone makes him a flight risk. I believe the judge would hold John without bail due to Immigration Naturalization would want to deal John after his criminal proceedings are over

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