Unit 4 Legal Rights - Research Paper by Miles79

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Unit 4 Legal Rights Essay

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Below is an essay on "Unit 4 Legal Rights" from Anti Essays, your source for research papers, essays, and term paper examples.

Legal Rights
Criminal Procedure
Matt Gabrielson
3-21-2012



Legal Rights
The very first thing that the Police should have done is read Mr. John Doe his Miranda rights because it is required under the Fifth Amendment of the United States constitution. Even though Mr. Doe is an illegal he is very much still expected to have the due process and equal protection clause. Thus includes the right to a translator is he is unable to understand or speak English. Going back to the part about John being an illegal immigrant is does not matter because in the United States we are all required to get due process and a fair trial. (Pryor, Patricia slideshare.com/john-doeunit4.html)
One of the main procedural steps that would first have to take place is that John Doe would first have to be booked, because that is where he is charged. The next step would be to get some finger prints take from Mr. Doe to make sure that he is who he says he is and as well as seeing if he has any outstanding warrants. After all of that is accomplished Mr. Doe would then go in front of a judge for his arraignment to insure his arrest was legal as well as set a bail or bond amount. But since he is not a legal citizen of the United States the immigrations department will put a hold on him which in turn means even if he makes his bail set forth by the judge then he would still have to pay an immigration bond to fully be released the sad thing is after his criminal case is settled they will then start a deportation proceeding. (Procedures in the Justice System 8th Edition)
A Preliminary hearing is a proceeding before a judicial officer in which the officer must decide whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court, and whether there is probable cause to believe that the defendant committed the crime. (http://legal-dictionary.thefreedictionary.com/Preliminary+Hearing) as to where a grand jury...

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