Swamp Mafia Question: Louisiana's Napoleonic Law vs English Common Law

[TXCharlie]

There's a chance that I may have to move back to Louisiana to be with my sick parents, since they won't move over here... we've already had to take a few semi-emergency trips over there, and I think it will only get more frequent.

I was wondering how long the transition is in transferring my LE certification to Louisiana... Or will I have to start from scratch? I assume I'd have to attend some kind of abbreviated academy to learn the differences, but just how much difference is there really, after you get past all the numeric stuff? Are the changes in criminal classifications, definitions, sentencing, court procedures, etc, drastically different, or are there just subtle differences?

I grew up in Louisiana, but never had any training with the legal system over there, so I don't know if the Napoleonic code really affects state law, policies & procedures that much, or if it's just a historical thing that has no practical consequences other than traditions

[k-9max]

When they hear you are coming chuckie, they will close the doors

[Cidp24]

http://www.slate.com/id/2126126/

http://en.wikipedia.org/wiki/Louisiana_law

[mavriktu]

Charlie,from what I have seen and heard ,speaking to other cops and reading different things,what we have here is a whole different ball of wax.Actually,I think our criminal code is probably easier to figure out than most states.The average cop most likely deals with about 30 or so laws on a continuing basis,and most arre written quite simply,(as I said ,this is determined after reading some of the other state laws I have seen posted here and elsewhere).That is the good news,as far as lateral transfers,I do not have any personal knowledge of any and would reccomend getting in touch with the POST council in B.R..

I am sure CB would have more info,or will know where to find it better than me.

[countybear]

Napoleonic law is a more codified system of statutes than common law. That is, it doesn't vary as much by precedent as the English law system, so it is much easier to apply. At the enforcement level, the difference isn't so pronounced. There is more difference in prosecution and litigation. French law just has much less variance imposed by judicial authority, and holds more closely to the original legislative intent.

Lateral transfer of POST certification is allowable to the best of my knowlege, but you might find a problem in that POST certification can only be obtained here through actual employment by a law enforcement agency. I honestly do not know if a transfer of academy credit alone is acceptable. Like Mav said, call POST Council in Baton Rouge for that answer. I am betting it is a 'no'. Even under full-time employment, a service lapse of three years means you do it all over again.

[streetsweeper]

I recently had a friend transfer from Texas, he had to go through a 40hr. 1 week refresher on our codes. It's very possible. His transition took a total of 5-6weeks.

[mavriktu]

See,Told ya CB could explain it better,now isn't that as clear as mud?

[BigDawg]

oh hell TxCharlie as a Swamp Mafia?!?!?!?


Next Ill see pigs flying I tell ya!!!

[TXCharlie]

Thanks everyone - That doesn't sound too bad if I can get a few years in here before I have to do it. I guess the operative word is "if".

I'll definitely read up on it - Thanks for the links

[TXCharlie]

When they hear you are coming chuckie, they will close the doors

Don't tell them - Let it be a surprise

[cajunguy]

oh hell TxCharlie as a Swamp Mafia?!?!?!?

Of course, before that can happen, he'll have to change his name to LaCharlie.


.

[TXCharlie]

I like LauxCharlie better

[121Traffic]

Napoleonic law is a more codified system of statutes than common law. That is, it doesn't vary as much by precedent as the English law system, so it is much easier to apply. At the enforcement level, the difference isn't so pronounced. There is more difference in prosecution and litigation. French law just has much less variance imposed by judicial authority, and holds more closely to the original legislative intent.

Lateral transfer of POST certification is allowable to the best of my knowlege, but you might find a problem in that POST certification can only be obtained here through actual employment by a law enforcement agency. I honestly do not know if a transfer of academy credit alone is acceptable. Like Mav said, call POST Council in Baton Rouge for that answer. I am betting it is a 'no'. Even under full-time employment, a service lapse of three years means you do it all over again.

Damn CB beat me to it.

Echoing what he said, from what I understood, the main difference is the absence of judicial precendence, or "case law." One case's decision very rarely affects the outcome of future cases.

[TXCharlie]

The absence of judicial precendence sounds like a good idea for the whole country, but it might cause some unemployment among appealate court lawyers.