Criminal Procedure: John Doe's Case

Running head: JOHN DOE’S CASE 1
CRIMINAL PROCEDURE
STUDENT’S NAME
COURSE
UNIVERSITY
DATE

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John Doe claims that he is not guilty of the crime (shoplifting merchandise worth over$1000)
when he is arrested by the police officers. According to the law, once a person is arrested by the
police officers, he or she is a suspect until proved guilty by the court of law. People who are in
police custody as suspects for crime have specific rights that the police should explain to them
before any questioning occurs (Ferdico, Fradella, & Totten 2015). These rights are meant to
protect the suspect’s Fifth Amendment assurance for freedom after an act of incriminating one
self and police officers must outline this procedure to John Doe so that he can be free from self-
incrimination:
i. John can refrain from answering questions from the police
ii. If speaks, this can be cost him when arraigned in court
iii. John must discuss his issue with the attorney first about the offence who has to be their
when John is been interrogated by the police at the police station and later at the court.
iv. If he does not get an attorney, then one has to be appointed for him before any
questioning if he wishes
v. And lastly if John decides to answer the questions at the moment of arrest without an
attorney, he has an option to stop answering any more questions directed to him by the
police until he talks to an attorney.
According to Allen, Stuntz, Hoffmann, & Livingston (2016), after his arrest the police
officers must:

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i. Perform a thorough search through frisking to ensure that the suspect does not have
any weapon or may also look for the evidence of the crime.
ii. Secure any personal property or money in possession by the suspect after inventory
performance.
iii. Request the suspect to sign the inventory if he agrees with its contents which usually
has various outlines such as whether the suspect agrees that he is guilty and the arrest
is legal.
iv. Ask the relevant facts concerning himself e.g. pass port, country of origin
v. Detain the suspect for several hours and the attorney of the suspect can obtain the
high court order instructing the police to arraign the suspect to court to ascertain
whether the suspect is lawfully detained.
John Doe has committed a serious crime(felony) and the court has two options for
hearing his case; by either preliminary hearing the case or using a grand jury proceeding.
A preliminary hearing refers to where the plaintiff is given an opportunity to prove him
or herself not guilty of the offence before trial.