Criminal Justice Assignment, Essay Example

The arraignment of Tony Jones follows a certain set of subsequent decisions that the judge has to consider for counsel of the victim. The judge will have to look into a number of factors prevalent in the victim’s history. The first area the judge will advisably look into is the criminal history of the victim. Having a criminal history is vital in guiding the judge on the appropriate decision to make. Previous criminal history is not advisable and will limit the judge in providing counsel thus passing the sentence.

Other reports the judge will opt to look at before proving counsel is the victim’s family, employment, psychological, and substance abuse history. Any flaws in these aspects of the victim’s life would subsequently lead to the probability of them not getting any counsel. If the victim has positive background aspects then the judge can choose to provide counsel for them and the advice from assigned lawyers during their appealafter trial process, irrespective of whether he can meet the expense of representation. The judge should also look into the victim’s potential for probation affects the probability of their indictment. If the victim, Jones has a good history and this is maybe his first time committing crime then the recommended sentence would involve the potential for probation under an officer retained by the court.

In Miranda v. Arizona, the United States Supreme Court alleged that a suspect was eligibleto receive the Miranda counsels when subjected to a custodial interrogation. This has led to various cases debating on what custody is and what interrogation is. Under Miranda, an individual in custody has to mandatorily be told of their right to remain silent and warn them against any statements they utter, which might be used against their individual innocence in the in court of law.

In other words, in the case scenario that the Miranda law applies, a suspect must be given warnings before being interrogated. These involve one being informed they have the right to remain silent. Subsequently anything they say can and will be used against you in a court of law.Additionally, if you cannot afford an attorney one will be appointed for you prior to any questioning if you so desire. The suspect also has the right tothe presence of an attorney.

I would add that Miranda law is not applicable unless an individual is in keeping and subjected to questioning by a law administration officer. The difference between the interrogation and custody applicability is that custody entails a substantial denial of liberty since an officer has to conduct an arrest and detain the subject or suspect. On the other hand, in the case scenario that interrogation by a law implementation officer has to be conducted. If this is the case then it does not essentially matter, even if the suspect is in custody since the Miranda can only be applicable if interrogation is done by known law enforcement officers.

One Supreme Court case that discusses either custody or interrogation is exemplified in the Vignera v. New York case scenario. In this incident, Vignera was arrested by New York police in linking to a robbery at a dress occurred three days preceding that date. He was initially taken to the 17th Detective Squad headquarters and later on taken to the 66th Detective Squad, where he verbally self-confessed the theft and then subsequently was placed under formal arrest