2.11.pdf

SHERIFF’S POLICY MANUAL 2.11 JUDICIAL PROCESS AND CASES UNDER INVESTIGATION: 2.11.1 Interfering With Judicial Process: A. Employees will not initiate or encourage any promises or arrangements between criminals and victims intended to permit the offender to escape...

SHERIFF’S POLICY MANUAL 2.11 JUDICIAL PROCESS AND CASES UNDER INVESTIGATION: 2.11.1 Interfering With Judicial Process: A. Employees will not initiate or encourage any promises or arrangements between criminals and victims intended to permit the offender to escape the full penalty provided by law. B. Employees will not take part (directly or indirectly) in negotiating a compromise for the purpose of permitting a person to escape the penalty of the law or responsibility for the person's acts, except in the interest of justice and with their supervisor's knowledge and consent. C. Employees will not, for direct or indirect benefit of a defendant, seek to obtain continuances of trials, dismissals of cases, or leniency for the defendant in any court except in the interest of justice and with their supervisor's knowledge and consent. D. Employees will not request charges against an arrested person be dismissed except in the interest of justice and only with the knowledge and consent of the commander in the division responsible for the arrest. E. Examples of Exceptions in the “Interest of Justice”: 1. The action strengthens or makes possible the prosecution of a more serious offender. 2. The knowledge and consent of the State Attorney. 2.11.2 Interfering With Cases Under Investigation: Employees will not interfere with: A. Investigations of cases assigned to other employees. B. Operations of districts/divisions/sections. C. Arrests or prosecutions brought by other employees, agencies, or authorized persons. 2.11.3 Self-Assigned Investigations: Employees will not self assign any investigation or other action not part of their regular assigned duties without obtaining permission from their supervisor, except for deputy sheriffs where emergency 2.11 09/12/2013  SHERIFF’S POLICY MANUAL circumstances require immediate action. In those cases, supervisors will be notified as soon as possible, and a written report will be completed as soon as practical thereafter. 2.11.4 Civil Suits: A. Employees will not presume to adjudicate any civil action or dispute or give legal advice in such matters. If applicable, employees may recommend persons seek legal counsel. B. Employees involved in a civil action will not use their BSO position as a means of forcing or intimidating persons with whom they are engaged in a legal controversy to settle the case in the employee's favor. C. Employees about to institute a civil action arising out of their employment will notify the Sheriff before filing suit. D. Employees sued as a result of an incident arising out of their employment will immediately notify their supervisor, Risk Management, and Office of the General Counsel. 2.11.5 Court Demeanor: A. Official uniforms or civilian clothing conforming to BSO standards will be worn. Employees will not appear in court in a BSO uniform unless the appearance or testimony is a result of the employee's performance of official duties. B. Employees subpoenaed to testify for the defense in a criminal matter will immediately notify their supervisor and prosecutor handling the case. Employees may, upon appropriate approval, contact Office of the General Counsel if legal guidance is needed. C. Employees or members will maintain a professional demeanor and appearance in court. D. Employees will testify with accuracy, confining themselves to the case before the court and not suppress or overstate facts with a view toward favoring or discrediting persons. 2.11 09/12/2013  SHERIFF’S POLICY MANUAL 2.11.6 Assisting In-Custody Person in Obtaining Attorney/Bonding Agent: Employees will not recommend or assist in obtaining an attorney or bonding agent for in-custody persons unless the in-custody person requests a designated attorney or bonding agent be notified, which will be done per court rulings and policy. 2.11 09/12/2013  SHERIFF’S POLICY MANUAL THIS PAGE INTENTIONALLY LEFT BLANK 2.11 09/12/2013