The constitutional rights of the accused are legal provisions, which give directions on how individuals who are suspected of committing crimes ought to be treated. Some of the legal requirements are general pointing to the fact that suspects should be treated fairly and in a dignified manner. However, there are some legal provisions, which are specific depending on the nature of the crime as well as the individual committing the crime. These particular provisions will be evident while discussing the case study involving John Doe, a crime suspect who does not have legal status in America.
Procedural steps the police should take when Doe starts giving incriminating evidence
The law provides for the interrogating officers to use the Miranda warning to a suspect in the police custody before questioning a suspect. The Miranda warning lets the suspect understand that he or she has the right to stay silent since whatever is said can be used in the court of law (Flynn et al., 2016). In the case of Doe, the police cannot use the incriminating evidence as they did not give the warning prior to the questioning. If the interrogating officers would like to use the information, they must give John Doe the Miranda warning so that he understands how his statement will affect the outcome of the case.
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Procedural steps following the arrest and interview
Once arrested and interviewed, the police should then book John Doe so that he can answer the charges in a court of law. When it comes to booking, the police may ask John Doe various fundamental questions regarding his birthdate, address, and other vital personal information. Moreover, the police would want his fingerprints, a photograph, and a sample of his handwriting for documentation (FindLaw, 2018a). After the booking, the police are supposed to provide the relevant prosecutor's office with the case for prosecution.
Comparison of the preliminary hearing and a grand jury proceeding
The court can choose to have a preliminary or a grand jury hearing considering the issues related to John Doe. Both preliminary hearing and grand jury proceedings help to determine if there is enough evidence, which will help to determine whether to indict a suspect. A preliminary hearing is a trial before the main trial to establish if the suspect is guilty or not. Unlike the grand jury proceeding, a preliminary hearing is open to the public (FindLaw, 2018b). Moreover, the defendant is entitled to all of the necessary due process available at the time. On the other hand, a grand jury proceeding locks out the defendant as the prosecution present the evidence to a group of citizens. Once the jury finds a cause for prosecution, they make an indictment, which then becomes the charging document for the case.
Issues to take into consideration when setting bond for John Doe
The presiding judge needs to consider the nature of the offense before setting bond for John Doe. As it is misdemeanors usually, attract lower bail amounts as compared to felonies, which John Doe has committed. Moreover, the judge may want to understand if John Doe has past criminal history as giving bail to a repeat criminal would pose a threat to the society (ABQ Journal News Staff, 2015). However, from the case study, John is a first time offender, which may help him secure a bond. Additionally, the judge would want to establish if John is a flight risk, which he is, as he has no family in the United States (Mukherji, 2014). Finally, the judge will establish whether John risks losing his employment and thus fail to pay bail before giving John a bond.
Discussion of what an arraignment is and what occurs during an arraignment
An arraignment is the first part of the trial process where the suspect appears before a magistrate or a judge. This arraignment is meant to inform the suspect on the reasons why he or she has been charged in a court of law. During an arraignment, a suspect is informed of his right to an attorney and is expected to take a plea (FindLaw 2018b). In essence, a person who is arraigned in a court of law is most likely to spend time in jail once convicted.
References
ABQ Journal News Staff. (2015). Many factors considered in setting bond. Albuquerque Journal . Retrieved on 6 June 2018 from https://www.abqjournal.com/636449/many-factors-considered-in-setting-bond.html
FindLaw. (2018a). C hronology: The arrest process. Retrieved on 6 June 2018 from https://criminal.findlaw.com/criminal-procedure/chronology-the-arrest-process.html
FindLaw. (2018b). Arraignment. Retrieved on 6 June 2018 from https://criminal.findlaw.com/criminal-procedure/arraignment.html
Flynn, A. et al. (2016). Legal aid and access to legal representation: Redefining the right to a fair trial . Melbourne University Law Review, 40(2016), 207-239.
Mukherji, A. (2014). 7 Key Factors in Setting Bail. Findlaw. Retrieved on 6 June 2018 from https://blogs.findlaw.com/blotter/2014/02/7-key-factors-in-setting-bail.html
