Class of 15-18 Week #3
Class #3, Introduction to Criminal Law
Sgt. Lawrence discussed the two general categories or types of crimes: Felony and Misdemeanor. The definition of a felony is any crime punishable by death or imprisonment in a state prison, i.e., murder. Misdemeanor covers all other types of crime, such as assault and battery. Class learned the difference between Assault and Battery with a Dangerous Weapon versus mere Assault and Battery. "Mere" A&B involves intentionally and unjustifiably touching another person, no matter how slightly. A&B DW involves the use of a dangerous weapon in addition to the touching. Sgt. Lawrence presented the class with the question: Do the police have to charge and/or arrest someone who has committed a crime? The answer was "not necessarily." Officers have quite a bit of latitude, ranging from issuing a verbal or written warning, filing a criminal complaint, issuing a summons, to making an actual arrest. The officer must have probable cause to make the arrest. Class also discussed Breach of Peace, which is defined as a condition, not a crime. However, police can make a misdemeanor arrest if the BOP involves such incidents as assault, affray, riot, OUI, or OTE.
NEXT WEEK: Officer Survival, Use of Force and Defensive Tactics
Sgt. Lawrence discussed the two general categories or types of crimes: Felony and Misdemeanor. The definition of a felony is any crime punishable by death or imprisonment in a state prison, i.e., murder. Misdemeanor covers all other types of crime, such as assault and battery. Class learned the difference between Assault and Battery with a Dangerous Weapon versus mere Assault and Battery. "Mere" A&B involves intentionally and unjustifiably touching another person, no matter how slightly. A&B DW involves the use of a dangerous weapon in addition to the touching. Sgt. Lawrence presented the class with the question: Do the police have to charge and/or arrest someone who has committed a crime? The answer was "not necessarily." Officers have quite a bit of latitude, ranging from issuing a verbal or written warning, filing a criminal complaint, issuing a summons, to making an actual arrest. The officer must have probable cause to make the arrest. Class also discussed Breach of Peace, which is defined as a condition, not a crime. However, police can make a misdemeanor arrest if the BOP involves such incidents as assault, affray, riot, OUI, or OTE.
NEXT WEEK: Officer Survival, Use of Force and Defensive Tactics
Donna Leiss, Contributing Editor
Photos courtesy of Bob Nichols and Pauline Fortin
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