Criminal Procedure Analysis: A Case Study of John Doe's Arrest

This case study examines the criminal procedure surrounding the arrest of John Doe for shoplifting merchandise worth over $1000. It outlines John Doe's rights upon arrest, including the Fifth Amendment assurance against self-incrimination, and the procedures police officers must follow, such as frisking, inventorying personal property, and informing the suspect of their rights. The analysis covers the options available to the court for hearing the case, including a preliminary hearing and a grand jury proceeding, detailing the processes and differences between them. Furthermore, it addresses factors the judge considers when setting bond, such as the seriousness of the crime, the suspect's criminal record, and potential flight risk. The study concludes with an overview of the arraignment process, where the charges are read, and the suspect pleads guilty or not guilty, with the judge determining bail eligibility. Desklib provides access to similar case studies and study resources for students.

Running head D S CAS: JOHN OE’ E 1
CRIMINAL PROCEDURE
STUDENT’S NAME
COURSE
UNIVERSITY
DATE

2
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:

3
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.

4
According to Saltzburg & Capra (2018), during the preliminary hearing:
i. The probable cause of the crime is analyzed by the judge to ascertain whether
there is enough evidence to convince the jury that the plaintiff committed the
crime charged.
ii. Both the plaintiff and the complainant express themselves through the attorney for
the plaintiff and the prosecutor for the defendant.
iii. Evidence is testified by the witnesses who tells the truth without fear.
iv. The witnesses of the complainant are interrogated further for more evidence and
the judge makes the final decision.
There are usually no judges in grand jury proceedings and in most circumstances
only the prosecutor is present to provide the evidence he has gathered to the jury.
During the preliminary hearing many people usually attend to hear the proceedings
but in grand jury proceedings only the witnesses of the complainant so that they be
free to tell the entire truth without fear.
According to Simmons (2016), the judge will consider the following when setting
bond for john:
i. The seriousness of the crime – the amount imposed is directly proportional to
the nature of the crime
ii. His past criminal record- frequencies in criminal activities will attract a huge
amount
iii. John’s relationship with the US citizens- if he is in good terms, the amount
will not be large.

5
iv. His probability to appear in court- his request can be accepted if he can appear
in court when needed.
v. Potential flight risk – if he can’t be trusted he cannot be bailed.
Arraignment is the process where the accused is taken to court where his or her criminal case is
read out to plead whether guilty or not. During arraignment process:
i. The judge reads and explain the criminal charges against the suspect
ii. The suspect responds to the criminal charges against him or her
iii. The judge reviews the charges and determines whether the suspect can be bailed so as to
continue with the case

6
References
Allen, R. J., Stuntz, W. J., Hoffmann, J. L., & Livingston, D. A. (2016). Comprehensive criminal
procedure. Wolters Kluwer Law & Business.
Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2015). Criminal procedure for the criminal
justice professional. Nelson Education.
Saltzburg, S. A., & Capra, D. J. (2018). American criminal procedure: Cases and commentary.
West Academic Publishing.
Simmons, R. (2016). Quantifying Criminal Procedure: How to Unlock the Potential of Big Data
in Our Criminal Justice System. Mich. St. L. Rev., 947.