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and Due Embezzlement Mac Taylors Embezzlement and Due Process Rights Mac Taylor is employed by American National Bank located in Bowling Green, Kentucky. He has been arrested for the embezzlement of $ 50, 000 from his job. Embezzlement is where someone steals money from their place of work for their personal benefit. There are several legal procedures that must be followed by law enforcement and court officials. First, the police must have probable cause to get a search warrant.
It first must be issued and signed by the judge. If there is not a warrant issued or they do not search in the specified places then the evidence will be considered inadmissible, because it was illegally obtained. This is all because of the Exclusionary Rule. When arrested they must inform Mr. Taylor of the charges against him and read him his rights, also known as the Miranda Warnings. These rights are guaranteed in the fourth and fifth amendments.
Then he must be indicted by a grand jury before they have a trial. If he was found to be the accused then Mr. Taylor would be guaranteed to a speedy public trial. Sometimes, trials are not always speedy because there usually are crowded court dockets and the defense attorney uses it as a defense strategy. In the trial Taylor must be tried by an impartial jury of peers. Mr.
Taylor cannot be forced to testify against himself on the grounds of the fifth amendment. However, he will be able to face witnesses and have his own, also. Because of the sixth amendment he will have to be tried in Bowling Green because that is where the crime was committed. If convicted of the embezzlement charges there shall be no excessive bail. This means the bail must fit the crime not be outrageously impossible to pay if it was a minor case. He also may suffer no cruel and unusual punishment.
But, if Mac Taylor is found innocent and later the police are to find the sum of $ 50, 000 he cannot be tried for the same crime, which is known as double jeopardy. But because of the fifth amendment this cannot happen. As you can see there are many legal procedures a person must go through before he is arrested, indicted, or convicted.
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Research essay sample on Fifth Amendment Bowling Green
