Monday, May 6, 2019

Legal Rights Afforded to the Accused Research Paper

Legal Rights Afforded to the Accused - Research Paper practiceMiranda rights apply to custodial interrogations and since throne is held in police custody he qualifies for these rights (Roberson, Wallace and Stuckey, 2007). Ideally, John is an illegal immigrant and as such is expected to face the due process of the law and similar protection provided in the writing like other United States (US) citizens. He should thitherfore be accorded help if unable to communicate in native language by being given a translator. If the police officers fail to advise John of the fundamental rights provided in the constitution, any statements made by John may therefore be suppressed if challenged in a court of law heart and soul that such incriminating statements may not be used against John during his trial.Some procedural steps that must be taken include arriere pensee John for the crimes he has been arrested for. His personal belonging are then taken, photographs and fingerprints taken in ord er to get his identity and establish if there are other warrants of arrests issued before (Kempinen, 2006). John should then be arraigned in court before a judge and at this point the judge give decide if there was a need for the arrest. During the arraignment, a judge also decides the amount of bail or if the suspect would be released on recognizance. Nevertheless, considering that John is not a citizen, the immigration department should put him on hold meaning that even if a bail is allowed, he would not be freed without posting an immigration bond. The immigration will then wait from his case to complete and then commence deportation proceedings against John.Preliminary audience is mainly used to assess adequacy of evidence against a suspect in order to dispatch a decision whether to go to a full trial. On the other hand, a grand board is where a group of citizens listen to evidence presented to determine if a full trial should commence.Both preliminary examination and gran d jury allows evidence which gives the prosecutor enough evidence to charge the

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