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Free «Case Study» Essay Sample

Once somebody has been suspected or caught in wrong, the police arresting him should tell him the reason of being arrested. They should ensure that they maintain his peace, as he is not guilty until found guilt by the court of law. The arrest is valid whether the person under arrest is touched or not. This is after either suspecting the criminal or getting him on the act of committing an offence. The arrested person is required to accompany the police to a police station for further investigation. For the case of John, the police are required to advice him to keep calm for anything that he say may be used as evidence against him. They are also supposed to advice him to get a lawyer to advice him on the legal issues pertaining his case. This will help him according to law be represented as required (Vandervort, & Dervort, 1999).

According to law, it is an n offence to resist police to execute their duty. According to More 2008, summary offences act 1953; this one is stipulated very well showing hindering and resisting of arrest to be a criminal offence. These are things that John should know before being interviewed by the police to get the reason of his criminal act. The police must ensure that they handle him well to help him give correct information as mishandling will make him tense and they will not be able to probe him well. They should allow him relate his side of story without interruption or intimidation. They are supposed first ensure that he know what he has done may make him be accused of a case of felony. The police should ask relevant questions to ensure that they get finer details possible. The police will be suppose to get his previous record by either taking his fingerprint to ensure that he understand his case well and offer him fair try according to the law. This will lead to taking him to the court of law within the expected time of not me than forty-eight hours and get a fair trial. He should also be advised to inform if possible his relatives or friends on his arrest. His arrest will be recorded in the occurrence book and his witness will be used as evidence during his trial.

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Both grand jury and preliminary hearing are pretrial hearing where the evidence is evaluated to ensure that it is enough to prosecute a person who has committed a felony crime ( Hall, 2008).. They both determine if the state will continue with the case or not. Otherwise, they do this in different manner. Preliminary hearing is carried on as the trial itself to a point that it is referred, "trial before trial". Otherwise, jury is not present but the judge determines if the prosecution is able to provide enough evidence for the case to be allowed to go on. Preliminary hearing is held immediately after arraignment. The grand jury prosecution is determined by grand jurors where felony case is presented to a group of citizen without the absent of the defendant to ensure that the evidence against him is enough to arraign him in the court. There after an indictment is issued by the grand jury if the evidence is enough (More, 2008).
For a bond to be issued, the judge has to check out something to determine the kind of bond to ask or to even not ask at all. The judge will check the seriousness of the offence and if there are other alternative in dealing with the defendant (Parker & Witt, 1911). He is also suppose to check the defendant character associations and his bail record. The strength of the evidence is also supposed to be checked against John accusation of committing felony.

Arraignment is a where a formal reading of criminal complainant is done in the court of law in the presence of defendant informing him on the charges against him. During the arraignment, the defendant is called by his name and his charges read including when the act of criminal is alleged to have occurred, where and at what time and the person is asked to formally plead either guilty or not guilty.

   

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