Analysis and Application: Legal Rights Afforded to the Accused

The following case study presents issues related to the legal rights afforded the accused and the reasons those rights are provided to all individuals under our system of criminal justice.

Case Study:

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.

Please discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions in a 2 � 3 page paper (excluding the title page and reference page).

Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself?
What procedural steps must the officers perform following John�s arrest and interview at the police station?
The court could choose either a preliminary hearing or a grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures.
Identify what issues the judge would take into consideration when setting bond for John.
Explain what an arraignment is and what occurs during an arraignment.
(PLEASE NOTE: This assignment may require outside research)

The paper should contain a cover page and a list of references in APA format.
All internal citation of outside sources plus the listing of all references should also adhere to APA format.

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Unit 4 Assignment Checklist

Criteria: Ask yourself the following questions. Not Yet Yes
Purpose for Writing
Did you identify and describe at least four of the rights afforded criminal defendants at the arrest stage and during pretrial?
Did you analyze the facts presented and other relevant factors?

Did you cite legal authority to support your conclusions?
Did you answer all questions that were to be addressed in this paper?
Do you have a clear Purpose for your paper?
Did you state the Major Topics clearly?

Research
Is your research Current?
Did you use Credible Sources?
Did you answer all the questions in a Substantive manner?

Content
Is your content Accurate?
Is your content Comprehensive enough to address the topic?
Format
Did you prepare your paper in a Word Document?
Did you name your file Correctly?
Did you use APA format to cite your sources?
Did you check your document for Spelling?
Did you check your paper for Grammatical errors?
Is your paper the correct Length?

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