Class 14-17 Week #3
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Class #3: Introduction to Criminal Law
After a quick review of last week’s discussion of mere and reasonable suspicion and probable cause, Sgt. Lawrence jumped right in to the basics of Criminal Law. There are two general categories of Criminal Law: Felony and Misdemeanor. Any crime punishable by death or imprisonment in a state prison is a Felony—i.e., murder. All other crimes are Misdemeanors—i.e., assault and battery. The determinations are based on legislative actions, case law, agencies given authority to promulgate regulations, and legal statutes. The difference between “felony” and “misdemeanor” is specified in case law. All elements of a crime must be present or there is no crime—or there is a different crime. For example, assault and battery with a dangerous weapon would be a felony; simple assault and battery would be a misdemeanor. Law enforcement options include Warnings (verbal or written), Criminal Complaint (misdemeanor-- |
hearing), Summons (felony—arraignment), Arrest, and Indictment (Superior Court). As learned in the previous week’s class, for an arrest the officer MUST have probable cause. In addition, 1 of 5 conditions must be present: felony in the presence of the officer, felony with probably cause, misdemeanor/breach of peace, misdemeanor/statutory authority, or warrant.
Sgt. Lawrence then dug into his bottomless bag of weapons that have been seized by the PD, weapons that if you are caught carrying them could result in a felony charge and 5 years in prison. For example: double-sided knives, black jacks, throwing stars, brass knuckles, nunchakus, and manrikigusari—which the law defines as a length of chain having weighted ends. We hope never to run into someone armed with any of these toys. |
May 9th will be the tour of the Barnstable County Jail (it’s a Tuesday). Next week’s class: Officer Survival.
Contributing Editor, Donna Leiss
Contributing Editor, Donna Leiss
Photos courtesy of Pauline Fortin and Bob Nichols