Essay on Legal Rights Afforded to the Accused

1041 WordsNov 29, 20135 Pages
Legal Rights Afforded to the Accused James Parkins CJ227: Criminal Procedure November 11, 2013 In this paper we will be discussing the procedural steps that the police are required to take once John began to incriminate himself along with the procedural steps they are required to take following the arrest and interview of John at the police station. After covering the procedural steps we will compare both the preliminary hearing and grand jury proceeding to establish probable cause for the felony charges. Once we finish covering the two procedural steps we will cover what the judge needs to take into consideration when setting the bond for John. The final thing that will be covered is what an arraignment is…show more content…
Once John is booked he will be allowed one phone call and then incarcerated until the arraignment where he will appear before the judge. When he is before the judge, the judge will decide if there was probable cause for his arrest and decide whether or not he will be allowed to post bail, and if so, the amount. Now, we move on to cover and compare the preliminary hearing and the grand jury process to establish probable cause for the felony charges. A preliminary hearing is used to determine if there is enough evidence against John to go to trial. A good way to look at the preliminary hearing is to think of it as a “mini” trial. It is where the judge will allow hearsay evidence. The judge must make their decision based on probable cause and if the prosecutors have enough evidence to convince a jury that John is guilty. During a preliminary hearing both sides can argue why or why not a trial should happen. Witnesses and evidence can be used and defense can cross examine. A preliminary hearing is held as soon as possible after the arraignment of the defendant. Some states only require a preliminary hearing if the suspect is charged with a felony. Some states use a grand jury. A grand jury is where a group of citizens listen to evidence and determine themselves on whether or not there should be a trial. The only other person that is there with the grand jury is the prosecutor showing them all

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