Arrest and Trial Scenario

by | Feb 28, 2023 | Criminology

 

 

 

 

 

 

 

Tyler, a well-known escort service provider in his community, is suspected of the murder of an escort who worked for him. The local police meet Tyler at the airport when he arrives from a trip to Cancun. He is arrested for his suspected connection to the murder of the escort. The police do not inform Tyler of his right to remain silent or his right to counsel. They immediately begin to interrogate him. They continue to question him until he admits that he knew the prostitute and that she worked for him. He also admits that he was with her the night of the alleged murder. Tyler is transported to the local jail and booked. The prosecutor files charges of first degree murder against Tyler. Tyler does not waive his rights to a speedy trial. He asks that an attorney be appointed and demands a trial by jury.

Write a 1–2 page paper in which you:

Examine the constitutional amendment or amendments that would relate to this situation.
Identify and discuss four elements of arrest.
Describe the appropriate procedures to comply with Tyler’s rights to due process.
Examine any consequences that might occur if his right to due process is violated.
Use at least two sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment.

Sample Solution

When examining the constitutional amendment related to this situation, it is evident that Tyler’s right to due process as provided by the Fourteenth Amendment has been violated. This includes his right to remain silent, his right not to incriminate himself, and his right to counsel. Furthermore, Tyler’s Fifth Amendment right against double jeopardy is also in question here as he was arrested without any sound evidence linking him directly to the crime.

 

Sample Solution

When examining the constitutional amendment related to this situation, it is evident that Tyler’s right to due process as provided by the Fourteenth Amendment has been violated. This includes his right to remain silent, his right not to incriminate himself, and his right to counsel. Furthermore, Tyler’s Fifth Amendment right against double jeopardy is also in question here as he was arrested without any sound evidence linking him directly to the crime.

 

In terms of elements of arrest it must include an officer having reasonable suspicion suspect has committed a crime before can legally detain them; then officer must have probable cause show individual actually did commit offense warranting more intensive investigation leading formal charges being filed; finally valid arrest warrant issued court order be present when making arrest else might deemed illegal .

In order comply with Tyler’s rights due process officers should inform him all applicable amendments including those mentioned prior beginning interrogation ensuring understands implications what means waive certain rights such remaining silence etc ; secondly provide access counsel immediately allow discuss case further steps taken ensure proper representation during trial if choose do so; thirdly make sure defendant aware speedy trial before continuing proceedings fourthly release custody event found innocent later on or lack sufficient evidence convict charge.

Consequences occur if Tyler’s right due process violated are severe would likely lead dismissal any criminal charges levied since pre-trial detention unlawful essentially rendering evidence obtained through unconstitutional manner insufficient proving guilt beyond reasonable doubt thus could result civil suit damages suffered while incarcerated along other issues depending severity violation itself making essential always uphold these laws protect citizens from abuse power held justice system professionals .

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