4. Personnel must not loiter in dining cars at mealtime. When the train is crowded, personnel will not enter diners solely to obtain drinks.

5. Personnel will not reach or lean out of car windows.

6. Needless and annoying walking through the cars is not tolerated.

7. Slamming of vestibule doors is not permitted.

8. Destruction or defacing of railroad property is strictly prohibited.

9. Smoking in berths, or in prohibited areas in the train, is not allowed.

10. Lighted cigars, cigarettes, or matches, will not

be thrown on the floors of cars or out the windows. DRAFTS.-When a small draft is traveling, the senior petty officer is usually designated as shore patrolman in charge of the draft. Men assigned to this duty must see that the men of the draft carry out requirements as to conduct, etc., listed in this chapter. In addition, they must muster their men at each change of conveyance, or after each lengthy stop, and report any one missing to the nearest naval activity.

1. What are the policing areas of the terminal patrol?

2. What two groups of military personnel require special treatment while traveling?

3. When should a shore patrolman certify in writing that a serviceman missed his train due to circumstances beyond his control?

4. Give the secondary mission of the train patrol.

5. How frequently should the patrol inspect the train from 0600 to 2400?

6. A shore patrolman can ask for assistance when necessary from which rank or rating of military personnel?

7. What should a patrolman do if he locates a serviceman who is absent without leave but is returning to his duty station?

8. When is an enlisted man in the Navy considered to be a deserter?

9. Who is the member of a small draft that is assigned the duty equivalent to that of shore patrolman?

CHAPTER 6

COURTS, TESTIMONY, AND INVESTIGATION

In all courts of the United States (civil or military) a man is presumed innocent of a criminal offense until he is proven guilty beyond a reasonable doubt. However, in a civil action (contract, debt, etc.) the determining factor is the preponderance (weight) of the evidence offered which results in a decision for or against the party bringing the action. The burden of proving him guilty of a charge or accusation lies with the prosecution (the party who brings the action).

The Shore Patrol must be prepared to collect competent and relevant facts for the prosecution (trial counsel) in cases involving persons subject to the Uniform Code of Military Justice. It is not the function of the patrolman to perfect a case against the accused, but evidence favorable or helpful to him should never be withheld.

In the next chapter the rules governing the use of evidence will be discussed in detail. At this point it is sufficient if the shore patrolman realizes that evidence is any data offered as proof of an act or omission of an act legally presented at the trial of an issue by the parties, witnesses, records, documents, or concrete objects and the like. This testimony is presented for the purpose of inducing belief in the mind of the court concerning the matter. Evidence is any and all material collected which may have a bearing on the guilt or innocence of a person in a criminal case or the presentation of a true picture of the case in a civil controversy.

As a shore patrolman, you must know how to collect and present evidence. You should always carry a note

book in which to record the time, the date, the place, the names and the addresses of all persons involved in, or witnesses of an offense or accident. When you find out about an offense or an accident involving Government property or service personnel, notify your headquarters immediately. If an investigator cannot be sent out at once, you may have to take written statements from all persons who are in any way connected with the event either as a participant or as an observer. Such statements should include details of the offense or accident, and every effort should be made to obtain the signature of the person making them. Request all military personnel to remain at the scene of the event as long as their presence is required. Although you have no authority to hold civilians as witnesses, except when they are involved in the commission of a serious offense, detain them long enough to obtain their names and addresses. It is important that the Navy Department possess all of the facts concerning any incident which might result in a claim against the Government or a claim by the Government.

If a serious offense has been committed, look for physical objects, i.e., weapons, pieces of clothing, etc., which are illustrative or explanatory of the act. Such evidence is generally admitted by the court. You should mark all physical evidence, as you may be required to identify it in court at some future date, possibly months later. The proper method to be used for identifying physical objects, which may be used as evidentiary matter, is presented in detail in later paragraphs. Whenever a serious offense has been committed, make sure that nothing is moved or touched until trained investigators arrive.

The duty officer will usually rely on your preliminary investigation to determine what action to take relative to most transactions and events requiring informal factfinding procedure. Give him an immediate report, one that is complete and accurate. It is important to remember that in any investigation, the finding and reporting of facts must be thorough and impartial. It is better to

report too many facts than not enough. Remember there are three important factors in a serious case: getting a report to headquarters immediately, holding principals and witnesses, and allowing no one to move or touch anything.

DEFINITIONS

An understanding of the following terms is essential in the work of a shore patrolman:

1. CRIME. The words "crime" and "misdemeanor," properly speaking, should not be used interchangeably, since crime denotes a more atrocious act. How then would you define crime? A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is attached, upon conviction, any one of the following punishments: (1) death, (2) imprisonment in a penitentiary, (3) fine, or (4) removal from office. Further it may be said that crimes are those wrongs which the State or Federal Government notices as injurious to the public and punishes in a criminal action in its own name. For instance, murder, arson, robbery, burglary, assault with a dangerous weapon, any gross violation of human law, as distinguished from a misdemeanor (any aggravated offense against morality) are a few examples of crime.

2. FELONY. The word felony is a general term used to distinguish certain crimes, as murder, robbery, and larceny from other minor offenses known as misdemeanors. This term meant originally that a person upon conviction of certain offenses forfeited lands and goods to the crown (king) in addition to other prescribed punishments. Federal and State statutes have removed the forfeiture penalty pertaining to any offense defined as a felony. Apart from this, the word implies a crime of a graver or more vile nature than those designated as misdemeanors. Also conviction of a felony carries a punishment of death or confinement in a penal institution for a term exceeding one year.