Miranda Rights Accused Analysis

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Analysis and Application: Legal Rights Afforded to the Accused William Geer Criminal Procedure January 8, 2013 There are several steps that police officers have to take when arresting a person and it is very crucial the police officers obey the steps because it could cause them to lose to a criminal. The Miranda rights which tells a person their rights was not started until 1966. Many people did not know that they could have a lawyer present when being asked questions. John Doe is a person that is being charged with a crime. I am going to discuss the grand jury and how they work, what the judge may do and what the officers are required to do. The arresting officers do not have to read John Doe is Miranda rights at the time of…show more content…
The definition of a warrantless arrest is “An arrest made without a warrant. At common law, an officer was justified in making an arrest without a warrant if the officer reasonably believed that the defendant had committed a misdemeanor in his or her presence or had committed any felony” (Barron’s, 2003). Once arrested there is no exact amount of time a person can be held (it is not usually more than 48 hours) depending on the case. During this time the officer, can finger print the subject and check for outstanding warrants. Once the officer or detective reads the arrestee his Miranda rights, he may be questioned. A grand jury typically has 23 members and needs 16 members for a quorum. Their terms are usually 18 months, while some grand juries have two-year life spans (Locy, 1998). The proceedings of a grand jury are kept confidential. During the indictment proceedings the prosecutor evidence such as witness testimony. Usually the suspect and their attorney are not present during these proceedings. The prosecutor may allow the suspect to testify if he or she wants to. When the grand jury concludes that the case will go to trial a “True Bill” is…show more content…
If there is not enough evidence then the grand jury will issue a “No True Bill”. At his point, the prosecutor may request another grand jury, but it is not common practice. Some places do not use grand jury proceedings anymore so they have a preliminary hearing (Hill & Hill, 2012). A preliminary hearing is a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he or she committed the crime (Hill & Hill, 2012). A preliminary hearing is held in front of a judge where the prosecution presents only enough evidence to show probability of guilt. The defendants usually put forth no evidence unless there is a good chance of getting the charges dismissed. In John Doe’s case he would probably got a grand jury unless one was not available. There are several things a judge takes into consideration when setting bond. Such as: the protection of the public, the seriousness of the offense charged, if the offender is a flight risk, previous criminal record, potential danger he would pose to society only to name a few (Legal,

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