Judicial Process and Legal Procedures

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Table of Contents

Introduction
Arrest and Interrogation
Preliminary Hearing and a Grand Jury
Bond Setting
The Arraignment
Conclusion
References

Introduction

In the context of a given scenario, consideration must begin with the suspect’s admission to custody. One of the primary points of the process that must necessarily occur prior to interrogation is the Miranda warnings (Edge, 2020). This enumeration is tied to judicial precedent and is made to the suspect under the Fifth Amendment of the United States Constitution (Schonrock, 2019). They include informing about the right to request legal help, the right to keep silence, and notifying suspects that anything they say can be turned against them in court. These rights are the fundamental part of the justice system and should be followed.

In the absence of such information, any statements made by a suspect may be classified as forensic evidence. Therefore, among other things, police officers were also required to ensure that any information disclosed by the arrestee was given voluntarily. It is due to the fact that statements under duress have no legal force and cannot be used. In addition, the absence of the influence of external factors such as intoxication or drug intoxication had to be determined by experts. Moreover, the suspect must be informed of the dangers of testifying before a lawyer is available who can testify to the voluntariness of the statements.

Arrest and Interrogation

Once the suspect has been arrested and brought to the station, several processing steps must be taken. These include registration, medical assistance, report writing, and securing the detainee’s constitutional rights. Registration involves recording personal and biometric information, taking photographs, and entering all data into the police electronic database. Medical care is provided when necessary due to an injury, including during arrest or detention. In the context of this scenario, it was not necessary and irrelevant. Nevertheless, a detailed account of the circumstances of the arrest, witness statements, and a list of charges should be compiled to form the prosecutor’s tool.

A lawyer is available to the detainee if they wish, with a free lawyer appointed by the state in case of lack of finances. While in custody, the suspect is awaiting trial or bail, and the severity of the charges determines the ability of the lawyer to handle such matters. Moreover, in some cases, the suspect may be released pending trial on their own recognizance. Moreover, during the process, officers must ensure that the detainee’s rights are not violated, including the right to a trial without delay, no mistreatment or punishment, and the right to standard due process.

Preliminary Hearing and a Grand Jury

A preliminary hearing is the work of a judge when they hear evidence to determine the suspect’s guilt and whether to proceed with the trial. This process may include cross-examining witnesses and defense intervention to challenge the facts provided by the prosecution (Sands, 2019). If it is decided that it is important to continue the case, the trial will continue to the trial courts for a more detailed review. A grand jury is a process in which a group of citizens is assembled to hear the evidence and the charges. The members of this grand jury decide the degree of guilt of the suspect and the relevance of continuing the investigation or trial (Sands, 2019). In this case, there is no cross-examination at trial by attorneys, and the final decision on the gravity of the case rests with the grand jury. An important distinction is the procedure’s publicity, as the grand jury meeting must be held secretly. Both procedures are routinely used to determine the severity of charges, and the choice of one depends on the particular circumstances and the specific laws of the jurisdiction in the region.

Bond Setting

There are a number of factors a judge considers in determining the possibility and level of bail for Alfred. They take into account the severity of the crime committed, the suspect’s social ties and behavior that determine the risk of flight, criminal history, and financial capacity (Berman, 2016). Based on the value of the theft, the bail amount may be higher in this scenario. In addition, most of Alfred’s family is overseas, and combined with his lack of employment, this fact greatly increases the risks of instability and flight if bail is paid. On the other hand, Alfred’s clean criminal history and lack of serious financial means affect the lowering of the bail amount. However, he is not a legal country resident (Alien, n.d.). A personal surety is possible but unlikely because of the suspect’s unreliability. Thus, the formation of bail evaluates a person’s danger to society from the perspective of the innocence presumption and the right to have a reasonable bail.

The Arraignment

The arraignment is the step of the trial when the judge announces the formal charges. In doing so, the defendant is additionally made aware of his or her rights, especially to counsel, and offered the option of pleading guilty, not guilty, or not contesting the plea (Roberson & Winters, 2019). Accordingly, in the case of a guilty plea, the judge can proceed to sentence, and in the opposite case, the judge can choose a restraining order and determine the amount of bail pending further proceedings. In doing so, Alfred may plead guilty based on his conduct during his detention. Additional issues are considered during the arraignment: scheduling a hearing or evaluating motions. Thus, this process represents a separate step in the course of justice and introduces the suspect to the charges, allowing them to make their statements.

Conclusion

Thus, given the importance of determining the actual guilt of a suspect, it is imperative that they are made aware of their rights as early as at the stage of detention. Knowing the importance of one’s own words and being prepared to obtain a defence if necessary is essential for anyone, regardless of the situation. It promotes fairness and allows charges to be clearly formulated, despite the type of initial hearing.

References

Alien. (n.d.). Legal Information Institute. Web.

Berman, S. J. (2016). How judges set bail. Nolo; Nolo. Web.

Roberson, C., & Winters, R. (2019). Procedures in the justice system (12th ed.). Pearson.

Edge, B. (2020). Miranda rights. Chelsea House. Web.

Sands, S. (2019). How does a grand jury work? Findlaw. Web.

Schonrock, J. (2019). Miranda warnings and police questioning. Findlaw. Web.

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