Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself?
The procedural steps that the police are required to consider once John has begun to incriminate himself is that he should be informed that whatever he says to the law enforcement officials, that may be used against him during questioning and court proceedings and could serve as solid evidence against him. Besides, he should be informed about his rights and privileges as a suspect under custody. He has a choice to remain silent while questioned. He should be told that he could have access to a lawyer and could utilize the services of a free lawyer in the event when he cannot afford one. These rights are called Miranda rights which emanated from the landmark rape case of “Miranda v. Arizona 384 U.S.436 (1966)” (U.S. supreme court: Certiorari to the supreme court of Arizona, 1966, para.1). “It needs to be understood that poor defendants once convicted cannot appeal even though the right to appeal is based on the Sixth Amendment to the Constitution” (Falk, 2010, P.90).
To a large extent, these rights are incorporated while a suspect is in police or judicial custody, awaiting trial. “The police must advise suspects of their “Miranda Rights” – their right to remain silent, their right to an attorney, and the right to an appointed attorney if they are unable to afford counsel – before conducting a custodial interrogation” (Larson, 2000, para.2).
What procedural steps must the officers perform following John’s arrest and interview at the police station?
The first thing that the police authorities must do is to file a First Information Report (FIR) which details the entire gamut of the professed crime, or offense and inform the suspect about his suspected offense. He is at liberty to remain silent or refute the contents of the FIR. Next, the police may question the suspect in the presence of his lawyer. The suspect is free whether to answer the questions or remain silent. The cause for his arrest and incarceration should be informed to him. They may also need to confirm that they have arrested the right person. “They may do so by showing a victim a photo array that includes a picture of the suspect; by arranging a lineup of live persons at the police station, with the suspect included in the lineup; or by organizing a show-up, which is a personal showing of the arrestee to the victim shortly after the commission of the crime” (Criminal procedure, 2010, para.7).
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
Well, there may be differences among States about the choice of preliminary hearing or a grand jury deposition. However, by and large, preliminary hearings (examination or proceedings) and grand juries are formed to indict or free suspects. They both intent, to prove without an iota of doubt, that a crime has been committed and it is indeed the suspect who has committed it. While the motives of both preliminary examinations and grand juries may be the same, their modus operandi differs widely. The former is an open house, transparent system, with cross-examination and use of counsel options by the defendants. The latter is a closed-door business, perhaps without the presence of defendants, and what transpired may not be made aware to the defendants.
Identify what issues the judge would take into consideration when setting bond for John
The judge would take into consideration the degree of seriousness of the crime, whether a minor indictment or a major offense, the funds, and assets available to the defendant, and most critically, whether the judge has fears that the defendant may not subsequently appear for trial. The bond serves as an incentive for the defendant to return for trials, in that if the defendant appears for all subsequent trials, the bail money is returned, irrespective of whether he is finally declared guilty or innocent by the Courts.
Explain what an arraignment is and what occurs during an arraignment
Arraignment occurs after a suspect is arrested or formally charged with the commission of a crime. Perhaps, this is the first step in the criminal justice procedure. During the arraignment, the suspect is interviewed by a judge, and the charges are told to the defendants. It is quite possible that the sentence could be pronounced during the arraignment itself, thus circumventing long-drawn legal wrangling and a large number of legal costs.
Reference List
Criminal procedure. (2010). Law Brain. Web.
Falk, G. (2010).The American criminal justice system: How it works, how it doesn’t, and how to fix it. ABC-CLIO, p.90. Web.
Larson, A. (2000). Miranda rights: When did the police read me my Miranda rights? Expert Law. Web.
U.S. supreme court: Certiorari to the supreme court of Arizona. (1966). Find Low. Web.