Embezzlement Essay Research Paper Mac Taylor

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.