3. MISDEMEANOR.-A misdemeanor is an offense less serious than a felony, such as a violation of a county or municipal ordinance, punishable by fine or imprisonment in a city jail or a county workhouse.

ESSENTIALS OF EVIDENCE.-In every case of wrongdoing, there are three essential factors which the evidence must substantiate, namely:

1. That an alleged offense was actually committed. 2. That the accused committed it.

3. That the person who committed the offense charged intended all the consequences of his act.

Intent is a requisite of a crime. In certain statutory crimes intent is inferred from doing of a wrongful act. For instance, if a man strikes another with a deadly weapon and kills him, he is presumed to have intended. to kill him. The intent to commit the wrongful act is usually referred to as a general intent. If on the other hand, a person does a wrongful act with the intent to produce a certain result, and instead he commits another, criminal liability attaches for the act actually committed. The intent to commit the first act is carried over to the act actually committed, and is called constructive intent. To impute constructive intent the crime must be wrongful (atrocious) in its nature, and punishable by death or imprisonment; namely, murder, robbery, rape, etc., and not merely wrong because prohibited by statute.

When a crime consists not in doing an act, but in doing it with a specific intent, the existence of that intent is an important element and must be proved. Thus, if the proof of burglary fails to establish the intent to commit a felony, but instead shows an intent to do a lawful act, or a mere misdemeanor, the crime is not estabilshed. In this connection, it must be borne in mind that where specific intent is an essential element of the crime, general or constructive intent is not sufficient.

Written matter which would tend to prove or disprove the existence of the facts in issue must substantiate the

three essential factors of evidence. It is a good idea for you to keep your statement as short as possible, although it should include everything relative to the case.

In the first paragraph, you must give the following information: WHO (name, rank or rate, duty station or address), WHAT (what occurred), WHEN (when it occurred), and WHERE (where it occurred).

In the second paragraph, you should list the WHY factors. These include the motive, if known, and any facts or circumstances which tend to aggravate or mitigate the offense. Any circumstantial evidence bearing on the "intent" is also included in this paragraph.

Your third paragraph must list all the witnesses' names and their complete addresses.

TESTIFYING IN COURT

As a shore patrolman, you undoubtedly will be called upon to testify in court. Remember that a court expects a more precise account from a patrolman (civil or military) than from other witnesses. The following suggestions are offered to help you conduct yourself so that you will feel at ease and can direct all your effort toward presenting your testimony:

1. Wear the proper uniform.

2. Be punctual.

3. Remain calm; don't permit yourself to be bewildered or upset

4. Tell the truth; don't conceal any facts concerning the matter being inquired into.

5. Remember that you can testify only to what you yourself know to be fact. "Hearsay" is secondhand information; it is not what you know personally, but what someone else has told you. Scuttlebutt is an example of hearsay.

6. Tell your story in your own way; use language that is plain and within the everyday experience and vocabulary of the members of the court or

jury. Speak slowly, clearly, and distinctly. Try always to convey thoughts or pictures to the court, not just words.

7. If you make a mistake, no matter how slight, correct it. This may save you much embarrassment later, if the testimony of other witnesses differs from yours.

8. Your attitude toward the court should always be gentlemanly and respectful. Do not regard the lawyer who cross-examines you as an enemy. 9. Remember there is no hurry. Take your time while testifying. The judge and jury (or the members of a court martial) are anxious to hear what you have to say. They need all the information you can give.

10. Limit your answers to the questions asked. Do not volunteer information; don't talk too much. 11. Keep your wits about you, so that you won't make mistakes and get fouled up on cross-examination. The opposing lawyer will probably make you repeat your testimony, hoping you will contradict or discredit your former statements. Know the facts, testify to them, and do not change your testimony.

12. Before you appear in court, review what you know about the case carefully, run over the facts and mentally arrange them in proper sequence. Thus you will be more confident of your ability to do a good job.

INTERROGATING A WITNESS

It may be necessary for you to question a witness. Members of the motor patrol are often called to the scene of an accident if a Government vehicle or a serviceman is involved. When at the scene of an automobile accident, make a sketch of the street layout. Study the accident report form carried in your vehicle, as it will

help you determine the information required. An outline of this information is included at the end of this chapter.

To do a good job of interrogating a witness (particularly in homicide and serious assault cases), you must use all your knowledge of human behavior.

A good interrogator allows the witness to tell his story in his own way, without interruption. As the facts are presented, all details may not be clear. Don't interrupt the witness; make a mental note of any questions, or, if necessary, jot them down on paper. It is best, however, to just keep them in mind, as the witness may become nervous or distracted if you start taking notes. When he has completed his story, and not until then, question him about hazy details. When you understand the statements made by the witness, ask him to reduce it to writing and to affix his signature to the writing or paper. It may be necessary for you to prepare the written statement, but (as far as possible) be sure to use the witness's own language. Write exactly what he tells you, and ask him to sign each page of the statement. The sequence of dictated writings should be maintained by numbering each page. Be sure he includes his address, or rate and duty station, if he is in the service. Make certain that all elements of an offense are covered-WHO, WHAT, WHEN, WHERE, and

WHY.

If there is more than one witness, it is best to keep them separated until each has made a complete statement. Sometimes this cannot be done, but, in any event (in a serious offense), do not permit one witness to overhear the statement of another.

PRESERVATION AND IDENTIFICATION OF EVIDENCE

In criminal cases it is necessary to preserve in its original condition any physical object which might have value as evidence. It is also imperative that all articles having potential, evidential value be properly marked for easy identification at the trial. You must be able to

testify that the object you are about to identify is the same one you found (or was given to you) and that its condition is unchanged. Blood should not be wiped from a knife, and any article which might have fingerprints should not be smeared or handled. The prosecution must be able to prove that no piece of physical evidence was tampered with between the time it was found and the time of the trial. To do this, it is sometimes necessary to bring into court each individual who had the object in his possession between the time it was found and the hearing. Each man must testify that the object was not (and could not have been) tampered with while in his possession.

Don't Disturb Evidence

If you are the first member of the Shore Patrol to arrive at the scene of a crime, you must see that anything that might be of value as evidence is handled or disturbed as little as possible. You should use every precaution to prevent unauthorized persons from coming near the scene of the crime, as valuable evidence might be mutilated or destroyed through ignorance. If necessary take steps to protect the evidence from weather. If you must pick up anything that might have fingerprints (such as a gun), wrap your handkerchief over your fingers and grasp it at a spot least likely to leave finger impressions (close to the muzzle). It is important to remember that objects which may have evidential value should not be handled any more than is absolutely necessary. For example; handling might destroy the latent value of a blood-stained piece of clothing.

Many cases have been lost in court because witnesses were unable to identify articles of evidence. Remember that the opposing lawyer may produce an article similar to the one involved in the case, and he may ask you to identify under oath the article actually found at the scene of the crime. For example, if someone was attacked with a ball peen hammer, the lawyer might produce at the trial