Miranda Rights After Conviction In The United States

In the United States a person is arrested when a police officer believes an offense has taken place or is about to take place. In order for the police officer to make an arrest he or she must meet certain criteria they have to adhere to. Probable cause or reasonable suspicion is the legal standard which authorizes a police officer the right to make an arrest, conduct a personal or property search or obtain a warrant. When a person is arrested he or she must be read their Miranda rights. The Miranda rights emphasize that the person being arrested has the right to remain silent and that what they say can be used against them in court. They also have the right to a criminal defense lawyer during questioning. If they can’t afford a lawyer, one will be provided. The next step after arrest is the booking process which is conducted at the jail. Personal information is gathered during this process which includes fingerprints, photographs, personal items and eventually the person is placed into a holding cell. At this point in the arrest, the officer and the prosecutor will prepare the complaint before the first appearance with a judge. People that are arrested have the right to bail …show more content…
In Holmes case, the death penalty was pushed by the prosecutor but was unsuccessful. Holmes was also convicted of attempted murder which usually has a range of five to fifteen years in prison but it can be longer if a firearm was used or if serious injury was inflicted. Shooting people at a movie theater is definitely going to raise the severity of the punishment. Possessing explosives is a crime itself if it is not authorized, and in Holmes case he set the explosives in his house with the intention of hurting police officers. In effect, his penalty for possessing the explosives was more severe. The case was heard in Arapahoe county