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John Doe Case

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In this paper, I will be going over the following case study. I will be doing this from my personal perspective and experiences as a law enforcement officer, and based off of my common knowledge. “John Doe is an individual who 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. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to …show more content…
In my agency, the most common thefts we deal with are “shoplifters”, like in this situation. When I respond to a shoplifter, usually the first thing I will do is make contact with the complainant, i.e. store manager, employee, asset protection, etc. and get them to tell me their side of the story. I will then ask to review any and all video footage pertaining to the incident, “if available”.
After peaking with the complainant and reviewing the video “if applicable”, I will generally speak with the suspect. I will start by asking them their name, age, and for their identification. Prior to asking them any questions pertaining to the crime, I will read them their rights, i.e. “Miranda Warning”. I do this by reading it from a card I carry with me, that way it is always read the same. It is as follows:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to a lawyer, and have him/her present with you while you are being questioned if you wish. If you cannot afford to hire a lawyer, one will be provided to you. You have the right not to answer any questions, or make any statements”.
Usually this will be followed with “do you understand the rights I just read to you”, and we require a verbal yes or no …show more content…
If the judge decides there is not enough probable cause, the judge can dismiss the case. However, the prosecutor can still override the magistrate and indict the case anyway. The prosecutor may also go along with the magistrate, and allow the case to be dismissed.
I have seen some cases where the prosecutor cut a deal with the defendant and it will show up on their criminal history as “did not prosecute due to funding”. This sometimes amazes me and makes me wonder what kind of deal was struck. It has been most common in DWI “Driving While Intoxicated” offenses.
In grand jury hearings:
A grand jury hearing is conducted by the grand jury, which is a panel of 18 people who meet once a month to go over the cases to be presented. They preside over all the cases presented, not just one case, as is the case in a criminal trial. They also decide whether there is enough probable cause to continue a case. If they decide there is enough evidence, they “true bill” the case, and if they decide there is not enough probable cause to continue, they “no bill” the case. Here, though, if the grand jury does not true bill an indictment, the indictment is dismissed and if the prosecutor wants to continue with the case, he must do another indictment to be presented

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