Alabama Football Players vs. the DA

A controversy is brewing about two Alabama football players – Cameron Robinson and Laurence “Hootie” Jones.” On May 17, six police officers found marijuana and weapons, including a stolen handgun, in a parked car. District Attorney Jerry Jones dropped the felony charges for lack of evidence. He also made this statement:

I want to emphasize once again that the main reason I’m doing this is that I refuse to ruin the lives of two young men who have spent their adolescence and teenage years, working and sweating, while we were all in the air conditioning.

The police reports – detailed, thorough, and professional – seem to indicate sufficient reason to charge Cameron Robinson and Laurence “Hootie” Jones.

You can read more at this link: http://www.hannapub.com/ouachitacitizen/news/crime/police-reports-dna-evidence-not-enough-for-da-in-alabama/article_56417ac0-3826-11e6-ab1c-f7e46192740c.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share

You can download and read the police reports online. They are well written and worth studying: http://bloximages.newyork1.vip.townnews.com/hannapub.com/content/tncms/assets/v3/editorial/f/f5/ff513e52-37fe-11e6-ad12-cbe4ad96c40f/5769bebe9e339.pdf.pdf

One supplemental report connected to this case raises a useful writing issue. Take a look at these two sentences:

I then holstered my weapon and advised the subject to not move and to keep his hands placed out of the window. I opened the backseat passenger door and advised the subject to lay flat on the ground.

I often tell officers not to use advise in their reports. These two sentences demonstrate the problem. If you look up advise in the dictionary, you’ll see that the first meaning is “counsel” or “suggest.” That’s how average citizens – the people who serve on juries – understand the word.

Was this officer suggesting that the passenger to keep still, keep his hands out the window, and lie on the floor? No. Those were orders.

What if the suspect had disobeyed, and the officer used force to gain control? A defense attorney could argue that the force wasn’t justified because the officer was only making suggestions.

Here’s my suggestion: Don’t use advise in a police report. Tell or said conveys your meaning much more clearly.

CrimsonTidelogo

 

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