| Embezzlement Essay, Research Paper
Mac Taylor’s 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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