Drop the Pen! What Every Writer Should Know About Real Police Work: Six Terms Writers Tend to Get Wrong About Police Work

By D.L. Williams

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There are terms in films and novels that are used interchangeably, despite the fact they actually refer to different things. For example, in Stephen King’s novel, “The Green Mile,” death row inmates occasionally refer to The Cold Mountain Penitentiary as “jail,” and in the Sylvester Stallone film, “First Blood,” the tiny local lockup in the fictional town of Hope, Washington is referred to as a prison. This is not a big deal, especially when it comes to dialogue. Fictional characters flub, either because they don’t know better or, perhaps, because the writer is inserting irony. 

If you want your hardened criminal to refer to his maximum-security prison as “jail,” or you want a naïve person in your story to refer to his two-hour confinement in a local holding cell as “my time in prison” for comedic purposes, I say rock on. However, it is often evident the writer plugged in an incorrect term, not for style or characterization purposes, but purely from a lack of information or research. It’s far better to be a well-informed writer who can tweak dialogue and descriptions artistically than an author who throws out incorrect terms due to not having done their homework. Let’s take a look at the six most common terms I hear or read that are used incorrectly: 

Misdemeanor or Felony

Misdemeanors are lower-level offenses for which a person can only be sentenced to a maximum of one year of confinement. Felonies, on the other hand, are more serious and can carry an incarceration sentence of anywhere from a year to the rest of the convicted person’s life and/or the death penalty. 

Every state has its own definitions of what constitutes a misdemeanor versus a felony. Each state’s statutes clearly differentiate between the two based on the severity of the offense, how many times the person has been convicted of a crime, or the dollar value of a stolen or intentionally damaged piece of property. 

For example, shoplifting is a misdemeanor, but many states also have theft statutes that bump the misdeed up to a felony if the item or items stolen are valued above $1,000. Driving While Intoxicated (DWI) is a misdemeanor unless the driver hurts someone in a crash or if the arrestee has been previously convicted multiple times for DWI. 

There are other significant differences: People arrested on a misdemeanor are often allowed to leave jail after posting bail without first having seen a judge, whereas many states mandate a person arrested for a felony-level offense is seen by a judge who will set the bail amount before release. Convicted felons are not allowed to vote or own a firearm in many states, oftentimes for life, whereas most misdemeanors can be expunged (legally erased) after a period of time.  

Jail or Prison

Jails are holding facilities used to detain people accused of a crime or who have been convicted of a misdemeanor offense and sentenced to less than one year of confinement. Prisons, on the other hand, are only for people who have been convicted of a felony and who have been sentenced to at least one year. 

Things can get tricky here, so tighten your hat strap. People arrested for felonies will be held in jail until they are convicted. Remember (and I don’t say this lightly), people are innocent until proven guilty in a court of law, so what they’re initially arrested for may be quite different than what they’re sentenced for at trial. Thus, potential felons will be held in jail until trial (or until they agree to a plea bargain). Many jails segregate those accused of violent felonies from misdemeanants, but this depends on state statues, local policies, the physical size of the jail, and manpower resources. Thus, someone arrested for stealing a loaf of bread could well be in the same jail cell as someone arrested for murder. 

Probation or Parole

Probation and Parole are terms used to describe the condition of release from confinement following sentencing. They are used so interchangeably that they have become colloquial synonyms. They are different, however. Someone on probation has been convicted of a crime, misdemeanor or felony, but was not sent to prison. They may serve jail time, pay fines, do community service, but they never set foot in a prison for the crime they committed. Parole, on the other hand, is exclusively for convicted felons who have spent some time in prison. 

The difference between probation and parole may be insignificant in a conversation between two characters in your WIP, but it is significant in terms of the conditions of release. People on probation may be court-ordered to do certain things such as keep their probation officer apprised of where they live or work, take an occasional drug test, or do community service in lieu of jail time. 

People on parole, however, are only allowed to leave prison based on good behavior and an agreement to give up certain rights upon release. Most significantly, parolees generally give up their Fourth Amendment protections against government intrusions into their privacy. Thus, a parole officer can search a parolee’s house, demand an immediate drug test, require a detailed list of friends and family members, and insist on being privy to just about every move a person recently released from prison makes. 

The street lingo for someone on parole is that they are “on paper.” Your fictional detective will want to know if a parolee she’s interrogating is on paper, and she may want to get access to that person’s “chronos,” the written reports filed by prison and parole officials documenting how that person behaves, if they were often in trouble or were a model prisoner while incarcerated, if they’re going to their court-mandated therapy sessions, or if they’re making progress with drug rehab, etc. 

Police officers do not have the authority to intrude into a parolee’s private spaces (home, car, bodies, etc.). A common scenario when a cop is investigating a person on parole is for the detective to contact the parole officer and detail why their parolee is a suspect in the latest crime. The cop can’t order or even ask the parole officer to perform a search, but the parole officer can offer of his own accord. Generally, the parole officer will then invite the detective to come along and help out on the search. This is an end run on the Fourth Amendment. This is, by definition, a warrantless search, and, in my opinion, should only be used as a last resort and only if the crime being investigated is especially egregious. 

Bail or Bond

Bail and bond are probably the most confused terms I see in prose and in screenplays. Bail is the amount of money set by the court as a condition of release prior to trial. No one wants to sit in jail for weeks or months awaiting a court date, and the Eighth Amendment requires that the bail amount not be excessive. People who complain that judges are “soft” for allowing an accused person to pay bail and leave jail before their court date simply haven’t read or don’t understand this section of the Constitution. 

People who do pay the bail amount will get a refund when they show up for trial, but they forfeit the money if they “Fail to Appear” (often referred to as FTA), at which point the judge will issue a warrant for their arrest. 

Bail bonds, on the other hand, are posted by a bonding company or an attorney. It’s like a loan, only with heavy interest. Most bail bond companies don’t actually have to pay the court anything unless their client doesn’t show up for court. If that happens, bail bond companies will go looking for the person who burned them, and they’ll set a bounty hunter on the accused person’s trail. 

All of these terms are interchangeable in most people’s minds, which means you have wiggle room when it comes to how your fictional characters use them. Write your dialogue based on what you imagine your good guys and bad guys would know and say, but always do so from a position of insider knowledge.

A Killer Voice That Makes an Impact

By Alexandrea Weis

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When you think about a rampaging murderer out to destroy his victims, what comes to mind? Most of the time, it’s their iconic voice. Imagine Candyman without the breathy and slow speech of Tony Todd or Ghostface without Rodger L Jackson’s craggy mix of sadism and insanity. Who can forget the deep, dark, dulcet tones of the Master of Macabre, Vincent Price? That’s what you want to give readers when your character speaks—a taste of their depravity.

Finding that unique resonance can be challenging, but like any diligent author, you appreciate the value of research to carve out a brilliant inflection that will capture your delinquent’s soul. Breathy, croaky, cracking, soothing, alarming can all describe a voice. Vivid comparisons can also bring the essence of someone alive in a reader’s mind. Does her breathy narration sound like a gentle breeze moving through a tree plump with the leaves of spring? Does his laugh remind you of the bray of a donkey? How a death-dealing degenerate sounds can influence what your readers take away from a scene. 

Sentence structure plays a vital role in intensifying a character’s emotions. A nervous woman convinced she’s being followed might require short, clipped phrases, imitating the twittering of a skittish bird. Or there are those long, flowery sentences that could represent the pompous police chief or dense detective who doesn’t believe the victim. Punctuation can also add impact. A frightened person’s dialogue can frequently trail off with ellipses, exemplifying their wavering train of thought. Or a brash thug might add terror to his loud, paranoid ramblings by ending everything in exclamation points.    

A voice doesn’t have to be menacing to create a shudder. An ordinary, quiet man with a somber or even childlike tone who carries out ghastly deeds can elicit chills. Think Hannibal Lecter in Silence of the Lambs. A monotone, emotionless pitch can tell us more about the inner workings of a psychopath than a shrieking mother frustrated with her children. Remember the crazed computer Hal 9000 in 2001: A Space Odyssey? 

Don’t forget about the intense horror of silence. The doomed want answers before they take their last breath. Not having the solace of another’s voice could be more hair-raising than a sinister hiss or last malicious chuckle. A memorable example is the unsettling nothingness of Michael Myers as he sliced through his victims in Halloween (1987). 

You may want to design a manner of speaking that becomes your transgressor’s trademark. Police often ask survivors of violence about the voice of their attacker. Even if a victim doesn’t look at the perpetrator, they will never forget how they sounded. The way your slayer stays with those they have tormented can be as important as what they say or do. Inflections, the rise and fall of their tone, the deepness or high-pitched way they laugh, and even the pauses they give when speaking are all critical. The Grady twins from The Shining delivered their creepy invitation to Danny to come and play “forever… and ever… and ever,” scaring theatergoers.

Also, keep in mind dialects do matter. Whether it’s a southern drawl, Texas Twang, the guttural angst of New Yorkers, or the dropped Rs of Bostonians, give your killer some flare. But don’t overdo it. You want authenticity without coming across as stereotypical. Research how people speak naturally in the area you’re writing about. Go to restaurants, walk the streets, sit in coffee shops, and eavesdrop. Get a sense of rhythm and the way people talk. It will give your scoundrel depth and believability. 

Don’t forget the backstory, especially when dealing with physical or emotional traumas. A brute with a history of throat damage, whether through strangling or a sliced larynx, can have a wispy way of speaking that sets one’s teeth on edge. Damage to the mouth, either through the loss of teeth or cut nerves, can provide relevant clues to why your murderer speaks as they do. A maniac who’s suffered immense sorrow or abuse might carry the past in their voice. Cold, unemotional, lifeless tones can tell you a lot about the pain behind someone’s words. Red’s rasp in the movie US becomes even more horrific when the audience discovers rats have gnawed through her vocal cords. A cringe-worthy backstory can ramp up the fear factor.

There’s nothing more insightful than a voice. It’s the true window to one’s emotions and personality. So when creating a killer character who will leave readers mesmerized and terrified, don’t forget their distinct, haunting vocal expression. Take the time to make it compelling, and your villain will live on long after your story’s climactic ending.   

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Alexandrea Weis, RN-CS, PhD, is an award-winning author, screenwriter, advanced practice registered nurse, and historian who was born and raised in the French Quarter of New Orleans. She has taught at major universities and worked as a nurse dealing with victims of sexual assault, abuse, and mental illness in a clinical setting at New Orleans area hospitals.

Having grown up in the motion picture industry as the daughter of a director, she learned to tell stories from a different perspective. Infusing the rich tapestry of her hometown into her novels, she believes that creating vivid characters makes a story moving and memorable. The first person to give her writing advice was Tennessee Williams, a family friend. 

Weis is a member of the International Thriller Writers (ITW) and Horror Writers Association (HWA). She lives with her husband outside of New Orleans where she is a permitted/certified wildlife rehabber with the Louisiana Wildlife & Fisheries and rescues orphaned and injured animals.