Case Studies with Questions and Answers
Chapter 09: Due Process: Arrest through Sentencing
Steven is pulled over by a police officer after the officer recognizes him and his automobile as fitting the description of a recent convenience store robbery on the other side of town. Though Steven passionately denies any involvement in the robbery, the officer finds a large sum of money in the car that the officer believes came from the convenience store. Steven is placed into custody and taken to the county jail. After completing the booking process, Steven is placed into his cell and held overnight. The next day, a hearing is scheduled to determine whether Steven has the assets to hire a private defense attorney. After determining that Steven does not have the ability to hire an attorney, the magistrate appoints a public defender to handle the case. The magistrate also determines that even though Steven does not have any collateral to put towards bail, he is not a flight risk and is therefore granted release pending trial. Steven returns to court one week later for the preliminary hearing, in which he meets his attorney for the first time and hears the evidence against him. After hearing the prosecution's evidence, the judge determines that there is insufficient evidence to determine probable cause in this case. While Steven does fit the general description given by the cashier, this description was broad and could have led to mistaken identity. Further, the store did not have any surveillance tape that would help in the identification of the robber. The charges are subsequently dismissed.