1961 747 Ordinance - Laserfiche WebLink

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In the event of separation from an auxiliary group, he should return to his parent organization all official equip- ment and property furnished him. In case of emergency, disturbance or disorder, his every act and word must be on the side of law and order. An auxiliary officer should never hesitate to ask advice and instruction from his superiors. Obey all orders promptly and to the letter. Be neat and clean in appearance. No auxiliary or other officer can be successful or effi- cient in the execution of his duties unless he understands the requirements of our law and emergency regulations. TRAINING MATERIAL The preceding outline, listing the nine major and sub- items of subjects to be covered in the training of auxiliary police can be enlarged upon as the need arises. Training material for instruction purposes on the subjects referred to are available from The State Highway Patrol and many other law enforcement agencies of the state. and statutory guarantees for the protection of an accused, so as to assure him a fair and impartial trial. Attempts to commit crimes are not themselves crimes, unless the attempt is specifically prohibited by law. The more serious crimes are called felonies, the less t\f~ / ~ serious are misdemeanors. Whether a crime is a felony or 'i a misdemeanor depends upon the maximum punishment per- . ~ mitted under the law, rather than the actual ,penalty im- posed. If .the punishment may be imprisonment in the peni- tentiary or death, the offense is a felony. All other offenses are misdemeanors. Thus, manslaughter in the second degree is a felony, although the judge may, because of the circum- stances, impose a mere fine. (G.C. 6307-18.) A person may be properly convicted of a crime although he was not actually present at the scene, for the law pro- vides that anyone who aids, encourages or induces another to commit a crime may himself be punished as though he were the actual offender. (G: C. 12380.) RIGHTS AND DUTIES OF POLICE AND THE CITIZEN The following pages of this bulletin are devoted to refer- ence material for use in the training of auxiliary law en- forcement officers on legal matters. PRINCIPLES OF' CRIiV1INAL LAW A crime is an offense against a law of the state. The law may be one established by the Legislature for the entire state, or it may be one made by a city or village, valid within its own territorial limits. A statute is a law of the State or Federal Government. An ordinance is a law of a city or village. It is possible that the same act may constitute an offense against both a state statute and'a municipal ordinance. Such an act could be punished both under the statute and the ordinance because it constitutes two separate offenses. Such dual punishment, although constitutional, is seldom invoked. Unless an act is prohibited by a valid statute or ordi- nance, its commission does not constitute a crime, no mat- ter how atrocious or immoral that act may be. Criminal laws are strictly construed, against the state, and in favor of the accused. There are many constitutional r t P 9 (a) An officer may arrest any person who has com- mitted acrime in his presence and may detain him until a warrant can be obtained. (G.C. 13432-1.) When such.an arrest has been made without a warrant, the officer must immediately take the person arrested before the court and see that the proper complaint is made. (G. C. 13432-3.) He must also inform the person arrested of his authority and the cause of his arrest. (G. C. 13432-5.) When a felony has been committed, or there is reason- able ground to believe that a felony has been com- mitted, even a private citizen may, without a warrant, arrest another whom he has reasonable cause to believe has committed the offense, and detain him until a war- rant can be obtained. (G. C. 13432-2.) such a private citizen must immediately take the person arrested before the court, or deliver him to an • officer who must do so. (G. C. 13432-4.) Before a private individual makes an arrest he must inform the person to be arrested of his intention to make the arrest and the cause of the arrest. (G. C. 13432-5.) 10 11