John Doe Case Study: Theft and Prosecution

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John Doe is an individual that left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000.In 2013 Turley stated, “Millions of people in this country are indeed here illegally. While many would prefer to use “undocumented workers,” many others believe that these individuals are illegal by definition and should not be allowed to circumvent immigration laws.” Upon John’s arrest, he voluntarily began to make incriminating statements to the arresting officers. In 1966 Miranda verses Arizona stated that every suspect must be Mirandized at the point that they are placed under the arrest. The Miranda rights are in place to protect the suspect’s Fifth Amendment right to decline to answer any self-incriminating questions. ("Miranda Rights", n.d.). When John Doe was placed under arrest and he start to self-incriminate his self that information that was stated can be used in court. The right in contradiction of self-incrimination prevents the officers from forcing the suspect to give statements that would incriminate themself. (Stuckey, Roberson, & Wallace, n.d.). Procedural steps the officers will perform following John’s arrest and interview at the police station. Once John has been question the next steps will be the booking process. John then will go through a pat down search and all of his personal belongings will be taken and put away. After his personal belongings have been taken, the officer will take him into the booking area. In the booking area John will then answer questions regarding about himself such as name, date of birth, physical characteristics. After he answers the entire questions then his infor... ... middle of paper ... ...he_Difference_Between_a_Grand_Jury_and_.aspx Miranda Rights. (n.d.). Retrieved from http://www.mirandarights.org/ Stuckey, G., Roberson, C., & Wallace, H. (n.d.). Bookshelf : Link to “Procedures in the Justice System, VitalSource for Kaplan University”. Retrieved from http://online.vitalsource.com/books/9781269223119 Turley, J. (2013, September 1). UCLA Students Declare “Illegal Immigrant” To Be Racist And Discriminatory. Retrieved from http://jonathanturley.org/2013/09/04/ucla-students-declared-illegal-immigrant-to-be-racist-and-discriminatory/ What Does A Judge Consider When Setting Bond? - Hilf & Hilf, PLC. (n.d.). Retrieved from http://www.hilfandhilf.com/can-i-get-a-bond/what-does-a-judge-consider-when-setting-bond.html U.S. Consititution: Fourth Amendement . (2010). Retrieved from Findlaw.com: http://caselaw.lp.findlaw.com/data/constitution/amendment04/03.html

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