Previous Columns
June Tour of Duty
July Tour of Duty
August Tour of
Duty
September Tour of
Duty
October Tour of
Duty
By Staff Writer Dennis J. McGowan
Now, Dennis J, McGowan's
November TOUR OF DUTY begins ~~~
Mr. Jack Sanford is in the process of researching his first novel. One of his main characters is a police officer frustrated by the politics of his city's legal system. The officer feels all the wealthy (alleged) criminals can afford the best, high-profile defense attorneys. Therefore, the guilty are acquitted or found innocent of their "horrible" offenses.
Politics are represented through the legislative branch of government, which creates the laws.
The judiciary [judges/juries/et al.] renders guilt or innocence under the law.
Police who enforce the law represent the executive branch of government, separating the three. Assuming a reputation of "good cop gone wrong," your officer would be aware of this distinction. This cop would "have no horse in that race" (as a bookie I once knew often said).
1. What is the process for punishing a police officer that has broken the law?
There is no difference under the law among police officers, janitors, lawyers, businesspersons, judges, bond traders, et cetera. A police officer is his or her profession. This would be the same as a doctor who would be arrested. S/he goes through the same process as any other person.
2. If caught, how would the investigation be conducted?
An investigation is conducted prior to him or her being "caught." Otherwise, the arrest of the officer is illegal. An investigation ascertains whether a crime was committed. Here are a few questions to consider in your investigation. How did this criminal activity come to light? If there is a complainant, what was his or her testimony? What are the charges?
3. The police officer's crimes include:
A. Hacking into computer information. The police officer would be able to obtain a court order for any computer information s/he would want to access.
B. Threatening witnesses who refuse to tell the police the truth (or so, the officer thinks) and/or refuse to testify at the trial of the alleged criminal. Testify to what? Any threats to a civilian will bring recrimination for the police officer. More information is needed on an exact incident. Is this witness a conspirator with the alleged criminal or an accomplice under the law; maybe a passer-by at the crime scene?
C. Discovering evidence though means NOT condoned by law. Mr. Sanford makes the distinction that the police officer doesn't manufacture evidence, but does obtain it through 'illegal' means. What might be illegal for a civilian might also be legal for this police officer as in the case of obtaining a court order to access information on a specific computer in relation to a case. Any information the police officer obtains must be substantiated.
4. Could the police officer NOT be charged with any crime?
Yes, this is a possibility. My suggestion would be to tighten and strengthen the premise of your story by answering the following questions. Who? What? Where? When? Why? How? To vacillate is to confuse the reader. Let me hear from you after your first re-write. Good luck and play it safe!
Dennis J. McGowan
Authors! Don't hesitate. Now is the time to send your questions to ReadersRoom2@aol.com. or
www.dennisjmcgowan.com
Copyright 2003 by
ReadersRoom, LLC. All rights reserved.
