Verified Document

John I Uploaded Material Reference. Bibliography: Stuckey, Case Study

JOHN *I uploaded material reference. BIBLIOGRAPHY: Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures justice system (8th Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall. Case Study: John Doe individual left country effort make a life

The case of John: Felony charges

In this case of 'John Doe,' the suspect who is accused of larceny was arrested because he began to make incriminating remarks while being investigated. He was then placed under arrest by the police. If the police have probable cause to believe that a suspect committed a crime, they may place John under arrest without a warrant, as they did in this specific instance. However, the police must read John's 'Miranda Rights' before processing him (FAQ: Police interrogations, 2012, FindLaw). A suspect's Miranda Rights include the right to remain silent and to have an attorney, regardless of whether the suspect can afford an attorney or not. Also, "before a suspect can waive his or her Miranda rights, he or she must first be informed of those rights, and must understand the rights as explained to them. From this point, the behavior of the suspect can constitute implied waiver of Miranda rights even if the suspect never explicitly states that he wants to waive them" (Waiving Miranda Rights, 2012, FindLaw). However, given that...

If a suspect does not understand what is said to him, he cannot be assumed to have waived his Miranda Rights (Perez 2009). After the suspect has been read his rights, he will be fingerprinted, "law enforcement agencies are responsible for fingerprinting individuals arrested on a felony, any misdemeanor in the penal law and selected other misdemeanors and violations" (Standard practices, 2012, Arrest introduction).
Before a trial date is set, John Doe will appear before a grand jury or a preliminary hearing. During a grand jury, "the prosecution presents the case to a group of citizens outside the presence of the defendant and the grand jurors are asked to determine whether probable cause exists based on the evidence presented to them by the prosecution. If the grand jury finds probable cause they return an indictment which then becomes the charging document in that particular case" (What is the difference between a grand jury and a preliminary hearing, 2012, J. Davidson). A preliminary hearing, in contrast, "is conducted in a manner very similar to that of a trial however during a preliminary hearing there is no jury rather a judge is the fact finder and the burden of proof is much…

Sources used in this document:
http://criminal.findlaw.com/criminal-rights/waiving-miranda-rights.html

What is the difference between a grand jury and a preliminary hearing? (2012). J. Davidson Law.

Retrieved: http://www.jdavidsonlaw.com/Phoenix_Criminal_Defense_Blog/2010/April/What_is_the_Difference_Between_a_Grand_Jury_and_.aspx
Cite this Document:
Copy Bibliography Citation

Related Documents

Criminal Proceedings -- Probable Cause the Law
Words: 947 Length: 3 Document Type: Research Paper

Criminal Proceedings -- Probable Cause The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an arrest" or conduct a search or get a warrant from a judge (www.law.cornell.edu). Most courts find probably cause a justifiable reason to issue a warrant when there is "…a reasonable basis for believing

Search Warrant Request Probable Cause
Words: 895 Length: 2 Document Type: Research Paper

This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to

Cause a Warrant May or May Not
Words: 1030 Length: 4 Document Type: Term Paper

Cause A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. A warrant is not required to arrest a defendant for a felony that an officer has probable cause to believe the defendant committed. Additionally, a warrant is

Cause Serves As the Legal
Words: 314 Length: 1 Document Type: Term Paper

The easiest differentiation is that probable cause only deals with crimes that have been committed while reasoable suspicion can deal with crimes that have been or are about to be committed. Unlike probable cause, reasonable suspicion only requires reasonable belief as opposed to reasonable certainty. Thus, probable cause is supposed to be a stronger standard of evidence than reasonable suspicion. but, the difference between what constitutes reasonable certainty vs.

Cause Lead World War. In Spite of
Words: 652 Length: 2 Document Type: Essay

Cause lead world war. In spite of the fact that it happened almost a century ago, the First World War continues to intrigue people as a consequence of the forces involved in it, as a result of the catastrophic number of casualties, and generally because it demonstrates the fact that people are (or at least, they were) unhesitant about committing great crimes in order to impose their absurd thinking on others.

Causes of Juvenile Delinquency
Words: 2750 Length: 8 Document Type: Term Paper

Causes of Juvenile Delinquency Criminal Justice The problem of juvenile delinquency is becoming more complicated and universal, and crime prevention programs are either unequipped to deal with the present realities or do not exist. Many developing countries have done little or nothing to deal with these problems, and international programs are obviously insufficient. Developed countries are engaged in activities aimed at juvenile crime prevention, but the overall effect of these programs is

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now