About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

38 New Eng. J. on Crim. & Civ. Confinement 339 (2012)
Allowing New Hampshire Police Officers to Prosecute: Concerns with the Practice and a Solution

handle is hein.journals/nejccc38 and id is 347 raw text is: Allowing New Hampshire Police Officers to Prosecute: Concerns with the Practice and a Solution Nikolas Frye* I. INTRODUCTION Unlike most jurisdictions, New Hampshire allows non-bar certified police officers to prosecute violation level offensest and certain misdemeanors at the district court level.2 This practice runs contrary to fundamental American principles of government and law. For one, this * Author's Note: I would like to thank Lieutenant Mark Bodanza of New Hampshire Police Standards and Training for allowing me to interview him and for sending me syllabi for two of the classes he teaches in police prosecution: Officer as the Prosecutor and the Basic Prosecutor Course. I would like to clarify that while Lt. Bodanza was willing to supply me with syllabi and participate in an interview, he does not endorse the position I take in this paper. I applaud Lt. Bodanza's teaching despite the stance I take in this Note that police officers should no longer prosecute in New Hampshire. His efforts ensure that under the current system a police officer has some training before prosecuting in district and municipal court. Furthermore, this Note is not meant to disparage New Hampshire police officers, but to critique the New Hampshire government for not yet implementing a mandated municipal prosecutorial system. New Hampshire citizens should be proud of and thankful for the outstanding job their police force does in protecting public safety. 1. New Hampshire based its criminal statutes on the Model Penal Code which states: An offense defined by this Code or by any other statute of this State constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction or if it is defined by a statute other than this Code that now provides that the offense shall not constitute a crime. A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. MODEL PENAL CODE § 1.04(5) (1985). 2. See N.H. REv. STAT. ANN. § 41:10-a (LexisNexis 2009); see also Bilodeau v. Antal, 455 A.2d 1037, 1041 (N.H. 1981) (reaffirming the right of law enforcement to prosecute criminal cases on behalf of the State); State v. Aberizk, 345 A.2d 407, 408 (N.H. 1975); State v. La Palme, 179 A.2d 284, 285-86 (N.H. 1962) (stating that a state police officer could prosecute and testify as a witness to the offense in question under RSA § 575:13); State v. Urban, 100 A.2d 897, 898-99 (N.H. 1953). 339

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most