Confusion
Over UCR
Over UCR
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Some police officers will go their entire careers confusing Uniform
Crime Reporting (UCR) crime classifications with their state criminal
statutes. Always remember that UCR is a classification system for
uniformly reporting crime from across the nation, and it has nothing to
do with how, or for what, a person is charged under your state criminal
code.
The most common misconception among police officers is the belief that
a Part One classification under UCR means the offense is automatically
a felony versus a misdemeanor crime. This misunderstanding is most
frequently encountered with the classification of Aggravated Assault.
You can save yourself a lot of confusion by simply studying UCR and
your state criminal code with the understanding that the two are not
related. You'll educate yourself, and you'll find that education most
fulfilling. There's no better feeling than knowing what you're doing.
Once you're up to speed on UCR and the state criminal code, you'll
wonder why so many other police officers are confused. You'll also
wonder how so many people rise to the higher ranks of police
departments with their confusion firmly intact.
You'll soon learn that most police departments like to see an arrest
accompany the report of a UCR Part One crime. This desire is fueled by
a desire to match Part One crimes with clearances for statistical
purposes.
Let's go back to the second example where the victim sustained the
lacerated lip requiring stitches. The crime is a UCR Part One, but can
you arrest the suspect? Well, it depends on your state law governing
arrests for misdemeanor crimes not committed in the police officer's
presence. If you're a police officer in the State of Maryland, you would
have to follow three criteria. Can the suspect be identified; will
evidence be lost or destroyed, and does the suspect represent a
continuing threat to the victim? If the answers are yes; no, and no
respectively, you should not arrest the suspect until an arrest warrant is
obtained either by you or the victim.
You'll soon learn that people often make themselves prime for arrest
under misdemeanor circumstances by not carrying valid identification or
by running their mouths making threats to the victim in your presence.
Just remember...make arrests for misdemeanors not committed in your
presence under lawful direction by state law...not by UCR classification.
Once you start doing everything right, you're going to upset people:
You'll definitely run into similar circumstances sooner than later. As in
the above example, you'll learn that being a supervisor doesn't make
one immune from the confusion over UCR. If you're wondering about
the fate of the police officer in this example, I suffered no ill effects
from my refusal to arrest. In fact, a few months later, the department
issued a directive regarding misdemeanor shoplifting arrests citing the
misdemeanor arrest criteria. Sometimes...doing things right actually
does get noticed.
Crime Reporting (UCR) crime classifications with their state criminal
statutes. Always remember that UCR is a classification system for
uniformly reporting crime from across the nation, and it has nothing to
do with how, or for what, a person is charged under your state criminal
code.
The most common misconception among police officers is the belief that
a Part One classification under UCR means the offense is automatically
a felony versus a misdemeanor crime. This misunderstanding is most
frequently encountered with the classification of Aggravated Assault.
You can save yourself a lot of confusion by simply studying UCR and
your state criminal code with the understanding that the two are not
related. You'll educate yourself, and you'll find that education most
fulfilling. There's no better feeling than knowing what you're doing.
Once you're up to speed on UCR and the state criminal code, you'll
wonder why so many other police officers are confused. You'll also
wonder how so many people rise to the higher ranks of police
departments with their confusion firmly intact.
You'll soon learn that most police departments like to see an arrest
accompany the report of a UCR Part One crime. This desire is fueled by
a desire to match Part One crimes with clearances for statistical
purposes.
Let's go back to the second example where the victim sustained the
lacerated lip requiring stitches. The crime is a UCR Part One, but can
you arrest the suspect? Well, it depends on your state law governing
arrests for misdemeanor crimes not committed in the police officer's
presence. If you're a police officer in the State of Maryland, you would
have to follow three criteria. Can the suspect be identified; will
evidence be lost or destroyed, and does the suspect represent a
continuing threat to the victim? If the answers are yes; no, and no
respectively, you should not arrest the suspect until an arrest warrant is
obtained either by you or the victim.
You'll soon learn that people often make themselves prime for arrest
under misdemeanor circumstances by not carrying valid identification or
by running their mouths making threats to the victim in your presence.
Just remember...make arrests for misdemeanors not committed in your
presence under lawful direction by state law...not by UCR classification.
Once you start doing everything right, you're going to upset people:
You'll definitely run into similar circumstances sooner than later. As in
the above example, you'll learn that being a supervisor doesn't make
one immune from the confusion over UCR. If you're wondering about
the fate of the police officer in this example, I suffered no ill effects
from my refusal to arrest. In fact, a few months later, the department
issued a directive regarding misdemeanor shoplifting arrests citing the
misdemeanor arrest criteria. Sometimes...doing things right actually
does get noticed.
Let's look at these two examples:
Two men are involved in a heated verbal argument. One of
the men loses it, and he punches the other man one time in
the face with his fist. While the punch is well placed, it
doesn't do that much damage. The victim sustains a
noticeable bruise, but the bruise to his ego is more serious
than the bruise to his face. The first man obviously
committed an assault. Under UCR, this crime would be
classified as a Part Two crime since it does not fit the
criteria for a Part One crime. The assault is also a
misdemeanor versus a felony assault.
The second example involves the same circumstances and
actions as the first example. However, this time that same
punch inflicts a laceration to the victim's lip which will
require stitches to close the laceration. The assault now
becomes a Part One Aggravated Assault under UCR;
however, the crime is still a misdemeanor offense.
Okay...let's make this a little more complicated. You write
a common or simple assault report for the first example,
and that's the end of that. Later in your shift, you're
directed to a hospital to investigate an assault. You
discover that the victim is the same man from the first
example.
It seems that punch did a lot more damage than was
immediately evident. The victim has been hospitalized with
a concussion that was caused by the impact of the punch.
Not a problem. You simply write a new report upgrading
the offense to Aggravated Assault.
Is the assault still a misdemeanor? Probably so. A
concussion is usually not that serious, and it doesn't change
the original circumstances of the assault. But...let's say the
victim's condition goes south, and he ends up dying from
complications. The suspect was potentially facing a
misdemeanor assault charge. Now, he's facing a felony
assault charge such as involuntary manslaughter.
As far as your reporting goes, you've done everything right.
You reported everything accurately at the beginning. When
circumstances warranted a change, you upgraded the UCR
classification. Since the man died, the UCR classification
will again be upgraded to Homicide.
Two men are involved in a heated verbal argument. One of
the men loses it, and he punches the other man one time in
the face with his fist. While the punch is well placed, it
doesn't do that much damage. The victim sustains a
noticeable bruise, but the bruise to his ego is more serious
than the bruise to his face. The first man obviously
committed an assault. Under UCR, this crime would be
classified as a Part Two crime since it does not fit the
criteria for a Part One crime. The assault is also a
misdemeanor versus a felony assault.
The second example involves the same circumstances and
actions as the first example. However, this time that same
punch inflicts a laceration to the victim's lip which will
require stitches to close the laceration. The assault now
becomes a Part One Aggravated Assault under UCR;
however, the crime is still a misdemeanor offense.
Okay...let's make this a little more complicated. You write
a common or simple assault report for the first example,
and that's the end of that. Later in your shift, you're
directed to a hospital to investigate an assault. You
discover that the victim is the same man from the first
example.
It seems that punch did a lot more damage than was
immediately evident. The victim has been hospitalized with
a concussion that was caused by the impact of the punch.
Not a problem. You simply write a new report upgrading
the offense to Aggravated Assault.
Is the assault still a misdemeanor? Probably so. A
concussion is usually not that serious, and it doesn't change
the original circumstances of the assault. But...let's say the
victim's condition goes south, and he ends up dying from
complications. The suspect was potentially facing a
misdemeanor assault charge. Now, he's facing a felony
assault charge such as involuntary manslaughter.
As far as your reporting goes, you've done everything right.
You reported everything accurately at the beginning. When
circumstances warranted a change, you upgraded the UCR
classification. Since the man died, the UCR classification
will again be upgraded to Homicide.
A young officer was assigned to a patrol area of a high
crime area where a supermarket was located. The market
was plagued with a high rate of shoplifting. Keep in mind
that shoplifting is a theft/larcency, and a Part One crime
under UCR.
Shoplifters were routinely arrested and charged by police
officers following their apprehension by the market's
security officers. Most of the shoplifters were drug
addicted, and they seldom carried any identification. The
young officer made a number of arrests from the market;
until, one day he encountered a suspect possessing a valid
state driver's license. The thirty dollars worth of steaks the
woman had concealed was recovered, and the woman made
no threats to anyone.
The officer obtained all the information for his larceny
report, and he provided the security officer with the report
number necessary for the security officer to obtain an
arrest warrant. An arrest WHAT? The security officer
promptly informed the police officer that they never had to
obtain arrest warrants in the past.
Well, the store's security management was having none of
this nonsense, and the police officer's supervisor was called.
Once the police officer's sergeant heard the facts of the
incident, he directed the police officer to arrest the suspect.
The police officer refused to arrest citing the circumstances
of the misdemeanor arrest criteria. The police sergeant told
the police officer that none of that mattered since the crime
committed was a UCR Part One crime.
The confused and frustrated sergeant would eventually call
for another officer in the squad who would follow the
sergeant's unlawful order and arrest the suspect for the
misdemeanor shoplifting.
crime area where a supermarket was located. The market
was plagued with a high rate of shoplifting. Keep in mind
that shoplifting is a theft/larcency, and a Part One crime
under UCR.
Shoplifters were routinely arrested and charged by police
officers following their apprehension by the market's
security officers. Most of the shoplifters were drug
addicted, and they seldom carried any identification. The
young officer made a number of arrests from the market;
until, one day he encountered a suspect possessing a valid
state driver's license. The thirty dollars worth of steaks the
woman had concealed was recovered, and the woman made
no threats to anyone.
The officer obtained all the information for his larceny
report, and he provided the security officer with the report
number necessary for the security officer to obtain an
arrest warrant. An arrest WHAT? The security officer
promptly informed the police officer that they never had to
obtain arrest warrants in the past.
Well, the store's security management was having none of
this nonsense, and the police officer's supervisor was called.
Once the police officer's sergeant heard the facts of the
incident, he directed the police officer to arrest the suspect.
The police officer refused to arrest citing the circumstances
of the misdemeanor arrest criteria. The police sergeant told
the police officer that none of that mattered since the crime
committed was a UCR Part One crime.
The confused and frustrated sergeant would eventually call
for another officer in the squad who would follow the
sergeant's unlawful order and arrest the suspect for the
misdemeanor shoplifting.
 | |  | |  | |  | |  | |  |
 | |  | |  | |  | |  | |  |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| Copyright © 2006 - 2008 - Barry M. Baker - CareerPoliceOfficer.com |
| Disclaimer |
| CareerPoliceOfficer.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Links are provided only as a convenience, and the inclusion of any link does not imply endorsement by this site. |