ticipate in the offense, both are guilty, but if one acted under compulsion, he is not an accomplice. A child of tender years is held to be incapable of consent, and thus is never an accomplice.

Evidence

In most jurisdictions, the crime cannot be proven by merely the uncorroborated testimony of an accomplice. In such case, a corroborating witness (either an eye-witness or one who has heard the defendant confess) is necessary. If, however, one party participated against his will, under force or duress, or is a child,

he is not an accomplice, and the defendant can be convicted on his uncorroborated testimony.

There are lesser degrees of offense, such as assault with intent to commit sodomy, solicitation or invitation, and attempt to commit sodomy. One voluntarily committing one act of sodomy is, in most jurisdictions, a "lewd and dissolute person" under the meaning of vagrancy statutes, and may thus be found guilty of vagrancy, a lesser offense, though the same act cannot be the basis of two convictions.

YOUR RIGHTS IN CASE OF ARREST

C.D.

1. If an officer tries to arrest you, he should have a warrant unless a misdemeanor (minor violation) or a felony (serious offense) has been committed in his presence, or he has reasonable grounds to believe the person being arrested is guilty.

2. If he has no warrant, ask what the basis of arrest is. If it is not explained in No. 1 above, go along but under protest made before a witness if possible. DO NOT RESIST PHYSICALLY.

3. GIVE NO INFORMATION. You may, but do not have to, give your name and address. Do NOT talk to any policeman.

Q: "Why did you commit this crime?"

A: "I'm not guilty and I'd like to speak to my attorney, please."

Q: "How long have you been a lewd vagrant?"

A: "I'm not guilty and I'd like to see my lawyer before making a statement."

Q: "Have you been arrested for this before?"

A: "I'm not guilty and my attorney would rather I speak thru him.”

Q: "Nice day, isn't it?"

A: "I'm sorry but I'd like a lawyer's advice before making a statement."

4. Deny all accusatory statements by arresting officers with, "I am not guilty and I'd like to contact a lawyer." Otherwise your silence before witnesses can be construed in court as assent.

5. If an officer insists on taking you to jail, ask when you are booked (registered) what the charges against you are.

6. Insist on using a telephone to contact your lawyer or family.

7. DO NOT SIGN ANYTHING. Take numbers of arresting officers.

8. You have a right to be released on bail for most offenses. Have your attorney make the arrangements. Or you can ask for a bail bond broker. For a fee, he will post (deposit with police) amount needed for your release.

9. Under no circumstances have the police a right to manhandle, beat or terrorize you. REPORT ALL SUCH INCIDENTS.

10. If you do not have an attorney by the time you are required to plead guilty or not guilty, remember this:

a. You are entitled to a copy of the charges made against you.

b. You are entitled to have a lawyer. Ask for a postponement until you get

legal representation.

11. PLEAD NOT GUILTY.

12. Ask for a trial by jury unless your lawyer advises otherwise.

13. You are not required to testify against yourself in any trial or hearing.

14. If you are questioned by a member of the FBI, you are not required to answer. Immediately consult an attorney so that your rights may be adequately protected.

If some of the above advice, formulated by competent counsel, comes as a surprise, we are again reminded of our own inadequate knowledge of the law. ONE suggests study of these points; you might even carry this page in your wallet.

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