Legal Rights Afforded to the Accused Essay

Introduction

Crime is one of the challenges currently affecting the United States of America. The judicial system in the USA has been entrusted with the role of handling criminal cases. Criminal activities are handled differently depending on the nature of the crime. “The federal government defines a felony as a crime punishable by death or imprisonment over one year” (Samaha, 2004).

A felon refers to an individual who has gone against the law by committing a felony. “The following offenses are always treated as a felony: aggravated assault, grand theft, robbery, murder, rape, and vandalism on federal property” (Sheppard & Farnsworth, 2010). This paper seeks to provide an analysis of the legal rights that are always afforded to an accused person. The analysis will focus on the case of John Doe.

Stages of a Criminal Trial

John Doe committed a shoplifting offense which is classified as a felony. “Criminal procedure refers to the methods used to investigate and prosecute a criminal” (John, 2009). The following procedures can be used in handling John’s case.

Arrest Stage

An arrest refers “to a situation whereby a person is brought under the custody of police officers” (Samaha, 2004). An arrest can be made if a person is found in the process of committing an offense or if the police officers have information that somebody has done something that warrants an arrest. These principles explain why John Doe was arrested.

Booking

At this stage, Information is collected from the suspect and is used for legal procedures. The information collected includes the details of the offense and the personal details of the suspect. After that, a date is set when the suspect will be arraigned in court. “For misdemeanors, which are less serious than felonies, the defendant may be released with the posting of a cash bond and a promise to appear before a magistrate” (Sheppard & Farnsworth, 2010).

Since John committed a felony, it would be very difficult for him to get a bond because of the following reasons. First, he did not have money for the bail. Second, he was in the country without proper documents and his offense was also very serious. “The fact that he is not a US citizen further complicates the issue because he cannot access the legal rights enjoyed by the US citizens” (Samaha, 2004).

Arraignment

“An arraignment refers to the process in which the accused appears in court and enters a ‘not guilty’ or ‘guilty’ plea” (John, 2009). “If the accused pleas that he or she is not guilty, a trial date will be set” (John, 2009). John Doe will go through this process to give his testimony about the crime. Another important process at this stage is the setting of the bail.

The suspect can be allowed to go back to his residence after paying bail. The amount paid for bail varies depending on the crime. “In some circumstances, the bail can be revoked and the suspect can remain locked in until the day of his trial” (Sheppard & Farnsworth, 2010). Since John Doe did not have money, he could not get bail. Hence, he had to remain in the police cells until his day of trial.

Preliminary Hearing

A preliminary trial always precedes the main trial. The judge who handles the preliminary trial can decide whether a person should be tried or not. For the case to proceed to the main trial, the prosecutors have to give the judge the necessary information and evidence that will be used against the suspected criminal. If they fail to do so, the case can be terminated and another process can be used to discipline the suspect. “For example, he or she can be put on probation for some time” (John, 2009).

Grand Jury/ Main Trial

At this level, the suspect is always scrutinized by the jury. “It is an opportunity to the government to argue its case in the hope of obtaining a guilty verdict and a conviction of the defendant” (Samaha, 2004). If the suspect cannot provide enough evidence, he is automatically sentenced. The similarity between a preliminary trial and a major trial is that they both aim at finding information related to the crime. “They also enable the accused to defend himself” (John, 2009). The only difference is that the main trial gives the final decision on the dispute.

The Sentencing Stage

“After a person has been convicted of a crime whether, through a guilty plea, plea bargain, or a jury verdict, the appropriate legal punishment is determined at the sentencing phase” (Samaha, 2004). Several punishments can be used to discipline a person who has been sentenced. For example, he can be imprisoned or he may be compelled to pay a fine.

The jury considers the following factors before giving a penalty. First, they find out whether the accused had been found in criminal activity before. Second, they can assess his or her social status. In addition to these, “they also consider the nature of the crime, how it was committed and the impact on victims” (Samaha, 2004). In some situations, an appeal can be given to the person found guilty.

Conclusion

Since John Doe is an illegal immigrant, he will be seriously penalized for the felony. It is therefore imperative for the immigrants to understand the law and other legal procedures. The immigrants should also try as much as possible to remain obedient. “This is because they can face serious penalties if they are found guilty of committing criminal offenses” (Sheppard & Farnsworth, 2010).

References

John, D. (2009). American courts. New York: Wiley. Print.

Samaha, J. (2004). Criminal procedure. New York: Wordsworth. Print.

Sheppard, S., & Farnsworth, A. (2010). An introduction to the legal system of the United States. New York: Oxford University Press. Print.