1.28k likes | 1.54k Views
THE MICR HANDBOOK PART 2. Property Record Overview. Required for all Crimes Against Property - Forgery/Counterfeiting - Robbery - Burglary - Arson - Motor Vehicle Theft. Required for these Crimes Against Society - Gambling - Drug/Narcotics Offenses.
E N D
THE MICR HANDBOOK PART 2
Property Record Overview Required for all Crimes Against Property - Forgery/Counterfeiting - Robbery - Burglary - Arson - Motor Vehicle Theft Required for these Crimes Against Society - Gambling - Drug/Narcotics Offenses Required for Crimes Against Person - Kidnapping
Property Record Overview Combine like property loss and class types For Attempted Property Crimes - Item 000 - Loss Type 0
Use Loss Type 7 for stolen Use Loss Type 5 for recovered Use Loss Type 1 for stolen/recovered - When value did not decrease from being stolen - Within same time period Item cannot be entered as recovered if it has not been entered as stolen Property Record Overview
Property Value - Cost to the merchant - Victim’s valuation - Replacement or actual cost - Fair market value Property Record Overview
Property Class 77 = Pending Inventory Use when items have not been categorized prior to your MICR submission Use $1 for value Update MICR at a later date when inventory is complete - Property Class - Value Property Record Overview
Drug Property - NO property value - Group together by: - Suspected Drug Type - Measurement - If more than 3 drug types, 3rd entry must be 77 - Use measurement “XX” if unknown Property Record Overview
Exceptional Clearance Clear and definite identity of at least one offender. Sufficient probable cause to support arrest, charge, and prosecution. The exact location of the offender must be known. • There must be a reason outside the control of law enforcement which prevents the arrest.
Exceptional Clearance • Valid circumstances for an exception (outside of LE control): • - Death of the Offender • - Prosecution Declined • In Custody of Other Jurisdiction • (Extradition Denied) • - Victim Refused to Cooperate • - Juvenile/No Custody
What is a Hate Crime? A criminal offense committed against a person or property which is motivated, in whole or part, by the offender’s bias against race, religion, sexual orientation, mental/physical disability or national origin/ethnicity.
Hate Crime Reporting Two-Tier Decision in Reporting: 1st Level - Responding Officer 2nd Level - Expert Officer/Detective, Supervisor
Hate Crime Reporting • Could there be any other type of motivation for crime? (childish prank - age of offender) • Were any hate bias remarks made by offender? - or any offensive symbols, words, or other evidence? • Was it a significant holiday or date of victim or offender’s group? • Does the victim perceive the action of the offender to be hate motivated?
Hate Crime Reporting • Was the victim new to neighborhood? • Were the victim and offender of different race, religion, ethnic origin, sexual-orientation? • Was offender previously involved in a hate crime? - or a member of a hate group? - or was the victim involved in activities of a specific group?
IN MICHIGAN A BIAS MOTIVATED CRIME IS A FELONY The Ethnic Intimidation Act Makes it a felony to harm, or threaten to harm, a person, or the property of a person, “with specific intent to intimidate or harass” that person “because of that person’s race, color, religion, gender, or national origin.” (MCL 750.147b) Provides for imprisonment of up to 2 years, fines up to $5,000.00 or both (misdemeanor typically 90 days and/or $1,000.00). Hate Crime Reporting
28.257a Crimes motivated by prejudice or bias; report. The chief of police of each city or village, the chief of police of each township having a police department, and the sheriff of each county within this state shall report to the department of state police, in a manner prescribed by the department, information specified under Section 1 related to crimes motivated by prejudice or bias based upon race, ethnic origin, religion, gender, or sexual orientation. Public Act 319 of 1968
Hate Crime Reporting National Hate Crime Program collects five bias categories: 1.) Race 2.) Religion 3.) Ethnic/National Origin 4.) Sexual Orientation 5.) Disability (Mental & Physical)
Eleven Offenses Murder Rape Aggravated Assault Simple Assault Intimidation Robbery • Burglary • Larceny • Motor Vehicle Theft • Arson • Damage to Property
Michigan collects data on eight bias categories and all file classes • 1.) Race • 2.) Ethnic origin • 3.) Anti-Physical Disability • 4.) Religion • 5.) Gender • 6.) Anti-Mental Disability • 7.) Sexual orientation • 8.) Anti-Other
In 2009, Michigan had the fifth highest number of reported hate crimes submitted to the national program. In 2008, Michigan had the fourth highest. Accuracy could be greatly improved Often over-reported Hate Crime Reporting
Hate Crime Reporting No Biasshould be coded as “00” Unknown Biasshould be coded as “99” Be as specific as possible. Try not to use “88” – Other Bias Incidents involving “hate-crime victim retaliation” should not be classified as a “hate crime.”
Bias Motivation Against Race Anti-White Anti-Black Anti-American Indian/Alaskan Native Anti-Asian/Pacific Islander Anti-Multi-Racial Group Hate Crime Reporting
Bias Motivation Against Religion Anti-Jewish Anti-Catholic Anti-Protestant Anti-Islamic Anti-Other Religion Anti-Other Multi-Religious Group Anti-Atheism/Agnostic Hate Crime Reporting
Anti-Hispanic Anti-Other Ethnicity/National Origin Hate Crime Reporting Bias Motivation against Ethnicity/National Origin:
Anti-Male Homosexual Anti-Female Homosexual Anti-Homosexual Anti-Heterosexual Anti-Bisexual Hate Crime Reporting Bias Motivation against Sexual Orientation:
Hate Crime or Not? Multiple businesses in an artistic area of town were spray-painted with “KG” and “Kill Gays.”
Hate Crime or Not? It depends on the offender’s motive. The agency submitted this incident with “No” bias. The offenders did not target specific businesses that were owned only by gay or lesbian individuals.
Michigan also accepts bias motivation based on gender. Anti- Female Anti-Male When submitting to the national program, these incidents are converted to “Other Bias.” Hate Crime Reporting
Question: Is it possible to have a bias race crime where both the victim and offender are of the same race? Yes, it is possible. A hate crime committed by a white offender against a Hispanic white victim could be coded as Anti-White; however, a code of Anti-Hispanic bias or some other bias should be considered.
True or False?If a man beats his disabled wife, the incident should be coded as a hate crime against Anti-Physical Disability and/or Anti-Female. False
Hate crimes are different. Victim(s) are not chosen because of what they do – or because of who they are, the victim is chosen because of what they are. Hate Crime Reporting SUBSTANTIVE LEGAL DIFFERENCES Most crimes fit into two categories: 1. Not motivated by ill will for victim(s) – e.g., armed robber does not care who store clerk is. 2. Motivated by specific ill will for victims– e.g., crime of revenge (only one victim will do).
Question Animal Control is dispatched to check on a dog. The owner’s mother tells officers her daughter left the dog and does not want it. Permission is given to the officer to take the dog. Owner arrives and calls the officer “F**ing White Bitch”, tells her she is going to kill her and tries to assault officer. Is this a hate crime?
Answer NO This should be coded as a simple assault (13001) or aggravated assault (13002) based upon an investigation and witness information.
Question A church was broken into and ransacked. The Lord’s prayer was erased from a dry eraser board with the words “F… you …” in it’s place. A large picture of Jesus as a black man was ripped off the wall and had vegetable oil splashed over it. Is this a hate crime?
Answer Yes Was this a religious bias or was it a racial bias?
In conjunction with the Michigan Department of Civil Rights • Operates a Crises Response Team • Training • Steering Committee and Sub-Committees
For more information on hate crimes: Visit the FBI’s website at:www.fbi.gov Or our state website at:www.michigan.gov/msp
An off-duty officer at a convenience store sees a man come into the store with a handgun demanding money from the cashier. The officer identifies himself as a police officer and the perpetrator shoots at the officer and flees. The officer gives pursuit and catches the perpetrator. Is this reported as an officer assault, even though he was off duty? Question
YES Answer
Why LEOKA Reporting? In 1937, the FBI began collecting statistics on officers killed in the line of duty. In 1960, officer assaults were included in UCR reporting.
FBI Questionnaire If an officer was assaulted with a firearm or a knife/cutting instrument, the agency will receive a FBI questionnaire from our office to be completed by the injured officer. These questionnaires are used for research and for implementing officer safety training programs. Please return the completed questionnaire to our office. Your information may prevent an officer from being killed.
Law Enforcement Officers Killed or Assaulted When an officer is killed or assaulted, the information must be reported to the MICR program.
Law Enforcement Officers Killed or Assaulted Count all officer deaths or assaults on sworn officers with full arrest powers, which result in serious injury or where a weapon was used that could have causedserious injury or death. Other assaults not causing injury should be included if they involved more than mere verbal abuse or minor resistance to an arrest.
Law Enforcement Officers Killed & Assaulted The MICR incident must include the following information for reporting an officer assault: Victim Type “P” when offense = -09001 (Murder) -13001 (Non-Aggravated Assault -13002 (Aggravated Assault) -13003 (Intimidation)
Type of Activity is 1 – 11 Type of Assignment is F – L ORI – Other Jurisdiction is Alpha/Numeric Law Enforcement Officers Killed & Assaulted
A Dewitt officer went to a residence on a domestic call. Upon arrival, the officer realized that there were two women being assaulted by two men and called for assistance. A Lansing officer responded along with several other officers. When the Lansing officer arrived, one of the perpetrators ran at the officer with a knife. The perpetrator was apprehended, but the Lansing officer received a cut on the arm. Which agency reports the officer assault? Question