New words in the dictionary — a quiz (part 2)

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At the Get Published Writers Conference in Bozeman this past June, where I was a speaker, my friend Lynn Kinnamon, the conference chair, shared these new words. All were published in the Merriam Website Online Dictionary in the last year or so. How many can you define?

 

8. sriracha (n)

9. vocal fry (n)

10. dark web

11. dox (v)

12. hyperlocal (n, adj)

13. lifehack (n)

14. microaggression

Part 1 last week

ANSWERS:

8. a hot sauce made of chile peppers, often used in Thai food; said SEE-rah-chah

9. the break in a voice when it drops to the lowest register; women tend to be criticized for it, and NPR reports that researchers have found some people view it as a sign of being untrustworthy

10. online, the hidden web, operating with masked ISPs and false, sometimes stolen, user names, usually for illicit ops, such as the child porn ring that stole a local man’s id, triggering a search warrant and much agony

11. to publish private info on line, without consent, to harass or cause trouble

12. not, as you might think, a very specific location or small community, but the practice of focusing on information directed at a specific community, such as a weekly newspaper that publishes info aimed at residents of a specific community and rarely comments on regional or national news

13. a tip for making life easier, like using plastic tags from bread bags to label power cords in the tangle behind your desk

14. In the words of Columbia University professor Derald Wing Sue, “the everyday verbal, nonverbal, and environmental slights, snubs, or insults, whether intentional or unintentional, which communicate hostile, derogatory, or negative messages to target persons based solely upon their marginalized group membership.”

New words in the dictionary — a quiz (part 1)

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At the Get Published Writers Conference in Bozeman this past June, where I was a speaker, my friend Lynn Kinnamon, the conference chair, shared these new words. All were published in the Merriam Website Online Dictionary in the last year or so. How many can you define?

 

1. NSFW (abbreviation)

2. jeggings (n)

3. photobomb (v)

4. eggcorn (n)

5. emoji (n)

6. click fraud (n)

7. upcycle (v)

Part 2 in two weeks 

ANSWERS:

1. Not Suitable For Work

2. denim leggings

3. to appear, uninvited but on purpose, in a photograph

4. words or a phrase commonly misheard, e.g., misunderstood lyrics; comes from the word acorn.

5. symbol used in email or text messages to express an emotion not conveyed by the words themselves

6. deliberately clicking on an online advertisement repeatedly, to cost the advertiser money or drain their pre-set ad budget; a nasty thing to do

7. to make something new out of trash, such as sewing a skirt out of old t-shirts or cutting and polishing a wine bottle to make a tumbler

 

 

Death by Details

 

I’m continuing to reprint a few articles from my website, to keep them available after a redesign. This was originally published in First Draft, the SinC Guppy chapter newsletter.

DEATH BY DETAILS How much does the writer need to know about the story background vs. how much the reader needs to know?

A while back, I begged off my regular column because I was jammed by deadlines in federal court. In true editorial fashion, Susan [Evans, then First Draft editor] asked if I could make a column out of that. How on earth, I wondered, could I make civil discovery and disclosure deadlines in a groundwater pollution case interesting? Or the expert disclosures and settlement discussions going on at the same time in a state court case involving three electric utility companies and the state of Montana over water rights and the navigability of certain rivers at statehood in 1889?

And that brought me to a larger question: how much do you the writer need to know about the background of your story? And how much does the reader need to know?

I recently read a mystery – Higher Authority, an early entry in Stephen White’s excellent and successful series – involving a young woman’s claim of sexual harassment by an older woman she’d worked with. The lawyer filed suit within days after taking the case – without first filing a state or federal administrative claim. Outrage! Malpractice! Even a dumb lawyer – and there are plenty, despite the brains it takes to get in and out of law school and pass the bar exam – knows better! But the process takes weeks, even months. Including it would destroy a story that depended on the pressure of the lawsuit to trigger bad actors to do still more bad things.

So how much do you the writer need to know? I have no doubt White knew about the administrative claim process and simply decided to leave it out. Only trained professionals and a handful of readers would know he’d skipped a legally necessary step, and surely they would forgive him, for the sake of the plot. I did, barely a moment after creasing my forehead at the omission. After all, it’s a novel, not a civil procedure text, and readers aren’t looking to the plot for legal advice.

But knowledge can help you avoid mistakes that readers will notice – mistakes that affect the plot, or that introduce unnecessary error or confusion. A writer recently asked me about the spousal privilege, thinking she could add tension to her plot by if her protagonist married the good guy wrongly suspected of murder, preventing the protagonist from testifying against him. She didn’t realize that the privilege wouldn’t protect her character from being compelled to testify about what she saw him do, and that the law in her story state would not protect her from testifying to what he told her, because the conversations occurred before their marriage.

Another writer became concerned when a critique partner questioned her story’s setting in a small-town casino. The critter thought a casino had to be connected to an Indian tribe – a possibility that hadn’t even crossed the writer’s mind. Turns out her story state does allow non-tribal casinos – but readers might not know that, so she decided to forestall potential furrowed eyebrows by making the point in a brief dialogue exchange.

Back to those deadlines. If I were writing a story set around environmental litigation – wait, I did that. It’s in a box on a shelf in my office closet – would I spend precious pages detailing the emergency response, what state law requires, the VPH test results, test pits to delineate the scope of the dissolved-phase plume, and the hours after hours spent writing it all up for the various agencies, then more hours preparing documents to meet pressing deadlines? You know my answer, don’t you? But rather than skip over those details entirely, consider their role in your story. If your mystery centers on the environmental problems, would it benefit from weaving in a bit of the real-life complications? Is your character exhausted and seeing double after working till midnight sorting through boxes of disorganized records? That might be a good time for the villain to follow her home, when she’s least prepared mentally and physically. If you want to get her away from the office and civilization – and out of cell phone reach – consider a site visit to a remote mine or tailings pit. If you want to set up a court room confrontation, let her find a surprise in those boxes – a report that wasn’t disclosed when it should have been, a letter of complaint that predates the polluter’s first acknowledged notice, or an internal report on the dangers of the product or practice at issue. (“At issue” – lawyers say that a lot.) Use those details to complicate your story. But if the legal issue is more of a subplot than the heart of the story – as in White’s Higher Authority – you can safely leave your readers innocent of the finer points.

You don’t need to know all the details. If you do – from personal experience – you have the tough job of deciding what the reader needs to know. If you don’t, you have an equally tough job of learning just enough, and not getting lost in your own research. Talk to the experts. Run a scene by one of them. Ask a friend who knows nothing about the technical aspects to read your scene and tell you what she understood and didn’t. Sharpen your red pencil and be prepared to be ruthless with those details. Because “the curse of knowledge” can be the enemy of a good read.

Copyright Basics

I’m republishing here a few of the articles currently on my website before it undergoes a major revision. While I’m not a publishing lawyer, one thing any decent lawyer can do is research, then analyze and synthesize the results. Herewith, those results. 

COPYRIGHT BASICS Answers to the most frequent questions about copyright–how to establish it, avoiding infringement, and other issues

(First published in the Sisters in Crime Guppy Newsletter, First Draft, 2004 but still valid)

This month, by request, I’m straying slightly from my mission to provide legal information for use in fiction to discuss the basic principles of copyright law.

What is copyright and what does an unpublished writer need to know? Forget everything you think you know about copyright. In 1978, Congress enacted a new system which has since undergone further changes as a result of both Congressional action and Supreme Court decisions. Yes, 1978 was a while ago, but myths and assumptions take a long time to die. So euthanize yours, and read along with me.

Copyright, at its most basic, is the right to claim ownership of a creative work and earn profit from it. Copy, the word-within-a-word, fools us into thinking copyright pertains only to written works. Copyright principles apply equally to literary works, music (including lyrics), film and sound recordings, paintings, photos, architectural plans, and other works.

You may not copyright ideas, titles, names, phrases, slogans, common symbols (although trademark or service mark registration may be available), or processes (patent protection may be available).

Copyright gives its holder specific benefits. These include the exclusive right to reproduce the work, prepare derivative works (J.K. Rowling’sQuidditch Through the Ages or Harry Potter mugs), distribute the work by sale or license, and perform or display the work publicly. Transfer of ownership does not transfer the copyright unless expressly agreed in writing; an artist who sells a painting still owns the copyright and has the exclusive right to reproduce the painting in prints, posters, cards, t-shirts, or other media.

Copyright arises automatically as soon as a work is created. The work need not be completed or published, but it must be fixed in a medium. For literary work, of course, that means it must be written. You have automatic copyright in your partial outlines, rough drafts, and finely polished final copy. But you have no copyright to an idea or a plot outline kept in your head.

Copyright can be inherited; when an author dies, rights to her work, published or not, go to her heirs.

You don’t need to register your work to obtain copyright. The U.S. Copyright Office says this: “In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection.”

You don’t need to use the © symbol to establish copyright. The rule requiring copyright notice on the work has been eliminated for all works published since 1989. The word or symbol does give notice that the work is copyrighted, and thus can help make or defend an infringement claim, but use of the symbol is not necessary to establish copyright. If challenged, you can establish your copyright by showing creation through the work itself, drafts, outlines, journal notations, dates on computer printouts, and personal testimony.

If you use the symbol, the U.S. Copyright Office suggests this format, in a location that gives the reader reasonable notice:

©2004 John Doe

Some writers claim that agents & editors consider a writer who puts the © symbol on her work to be an amateur. I haven’t been able to confirm or rule that out. I have been told that most book publishers prefer that authors not register their work but let the publisher do so at the time of publication; that way, the copyright date inside the book is current and doesn’t cut sales by giving the false impression that a book is older or a reprint.

What are the benefits of registration and how do I register copyright? The chief benefit of registration is to establish a public record and make it easier to establish copyright if someone steals your work or accuses you of stealing hers. Other benefits include protection against illegal importation of unauthorized copies.

Registration requires an application and $30 fee for each work, plus copies for deposit in the Library of Congress. See the U.S. Copyright Office website for specifics and forms.

How long does copyright last? For works created on or after January 1, 1978, copyright lasts for the author’s life plus 70 years after death. For joint authors, copyright lasts 70 years after the last surviving author’s death. In a major change from prior law, copyright may no longer be renewed. You may think this short-changes authors, but the trade-off is that the term of copyright is now considerably longer and copyright holders can no longer inadvertently lose their rights. (Under prior law, copyright was 28 years with a 28 year renewal term, but renewal was not automatic and copyright was lost if not renewed during the original term).

Any work created before 1923 is no longer protected by copyright and has entered the public domain. That means the work can be quoted freely without permission. (You should still give credit, though, to avoid confusing your readers and triggering suspicions of plagiarism.)

Copyright obtained between 1923 and 1978 may be current or may have expired. Check with the U.S. Copyright Office for specifics on the copyright of older works.

What are the risks of sharing my work before publication or registration? Whether sharing work creates a risk of theft depends largely on how and with whom you share. Choose wisely. Submitting work to a reputable agent or editor rarely creates problems. At nearly every writers’ conference or workshop I’ve attended, a novice has expressed concern about theft of an idea; the published writers, agents, and editors uniformly respond that the writer’s concern marks him as an amateur and he should not worry. If you share pages with a face-to-face critique group or an online group in whom you’ve built trust, the risk is probably minimal. Sharing in a less secure environment, such as an online writers’ forum or chat room where you don’t know who is participating, is far riskier. Choose what you share carefully. If you have a concept for a book that’s never been done, it’s probably better to spend your energy writing the book than touting your concept.

Keep in mind that ideas, concepts, and facts cannot be copyrighted. Sometimes an idea is in the air. Maybe you mentioned in the bar at Left Coast Crime your idea for a mystery with a frozen body found in a glacier. The next year, Dana Stabenow published a Kate Shugak mystery in which a receding glacier reveals a dead body. She wasn’t in the bar with you and her book was already in the pipeline. Neither of you stole the idea from the other. Writer Les Standiford, head of the creative writing department at Florida International University, often testifies as an expert in copyright cases involving novelists and screenwriters. He reminds writers that similarities in story structure or overall concept do not mean the story was stolen; the focus in determining theft (copyright infringement) is on content and style — that is, how the writer develops the idea.

How much can I quote without violating copyright? What is fair use? Copyright gives its holder the exclusive right to use a work. However, an exception exists for limited use of quotes without authorization. A long-standing myth says four lines or fifty words can be quoted without fear. Slay that bugaboo now.

The key to determining whether quoting infringes copyright is whether the quoting is “fair.” In the landmark case, Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985), Harper sold Time magazine the right to publish an excerpt from former President Gerald Ford’s forthcoming memoir. The Nationobtained a pre-publication copy and ran an article quoting three hundred words. Time cancelled the deal and refused to pay Harper. In finding againstThe Nation, the United States Supreme Court set out several factors to be considered:
— the purpose and character of the use. Quotation in a review, even if critical, is obviously fair, so long as it is accurate. Quotation for profit, as inThe Nation’s scoop, weighs against fairness.
— nature of the copyrighted work. Are you quoting historical facts or compilations, or fiction or poetry? The more factual and less creative, the more “fair” the use.
— amount and substantiality of use. The Supreme Court held that the 300 word excerpt quoted in The Nation — Ford’s reflections on pardoning Nixon — was the heart of the 200,000 word manuscript. Point: it’s not the length that counts, but what you excerpt and how you use it. Four lines from Crime and Punishment may be insignificant, but four lines from a Langston Hughes poem may be the bulk of it.
— effect on potential market or value. The Nation scooped Time for profit and market share. A reviewer or a professor giving a talk on literary criticism doesn’t have the same negative effect on market.

Bottom line: Think carefully about whether you need to quote a copyrighted work, how you are quoting, and how the copyright holder will view your quote. When in doubt, discuss getting permission to quote with your publisher. Contact the publisher of the work quoted or the Authors’ Registry, a clearinghouse for contacts and payments, or search the Copyright Office database.

Remember that copyright protection doesn’t apply to titles and short phrases. Even though the music and lyrics of “Proud Mary” are still under copyright, you may use the song title as a book title. Most readers will make the connection to “Proud Mary, keep on burning,” especially if a character mentions to John Fogerty or a Creedence Clearwater Revival concert, or if the plot involves a riverboat — or even a woman named Mary. But if you intend to quote the lyrics in the text or as an epigram or a chapter heading, copyright protection applies. Requesting permission in advance is a lot easier than responding to a “cease and desist” letter asserting an infringement claim when your book is already in print. A new author using a short quote in a paperback edition with an average print run may be given permission to quote at no or low cost. If the price is too high, revise to use only a title or an image, not a quote, or to quote only material in the public domain.

Copyright protection also applies to material used in a free publication. Most copyright holders will charge only a nominal fee for non-profit use. You might wonder why a wealthy musician or a Pulitzer prize winner would charge at all in that situation. Charging, even if only ten dollars, helps the copyright holder demonstrate that it is actively protecting its right to control the use of the work, which could be important in an infringement claim where more money is at stake. Remember that copyright law protects the holder’s right to decide how and where the material is used, not just the right to earn profits from the work.

If you’re writing parody, or rap music with sampling, the rules differ. Check them carefully.

What about photocopying? If it’s for your own use, relax. However, copying articles for archival use in a corporate setting is a problem if systematic or institutional; research the practice before continuing it. Brief excerpts for educational use are acceptable, but systematic use or creation of “course packs” for students is not.

(I am indebted to Crawford & Murray, authors of The Writer’s Legal Guide, for their insights into the Harper & Row decision.)

May I use a real play as background in a mystery set in a community theater? May the characters discuss the title, plot, their roles, or the author? Plots and titles can’t be copyrighted, so you can freely use both and let the characters in your novel discuss them. Novel characters may discuss play characters, but you cannot recreate a character from the play in your novel without permission. That is, you can write a novel in which an actor discusses playing John Proctor in “The Crucible,” and you could also write a historical novel featuring John Proctor so long as you based your work on historical research and not on the Arthur Miller play. But if a play is still under copyright, you may not take a character and use him as your own.

Fair use principles apply to quoting. You need permission to quote if you write a scene where characters recite lines from the play while rehearsing. But if your characters simply discuss how they’ll act out the confrontation between John and Mary Proctor without quoting lines from Miller’s play, no permission is needed.

Discussion of the author of the play is regulated not by copyright principles but by the law of libel and slander. The characters in the novel may freely discuss what they think Miller intended in a certain scene or the political context in which he wrote “The Crucible.” They may also discuss the facts of Miller’s own life, so long as they do so accurately. Opinions may be freely given so long as they are clearly opinion; a character may say “In my opinion, Miller’s over-rated” or “I think he was crazy to marry Marilyn.”

In addition to the sources already mentioned, you may be able to contact the copyright holder of plays through Dramatists’ Play Service, which publishes plays and licenses production rights.

Magazine publishers may copyright articles by freelancers as “work for hire.” Magazines commonly copyright an entire issue as one piece of work in the publisher’s name. This avoids the expense and trouble of registering copyright for each story in the name of the magazine (if staff-written) or the freelance writer. Typically, contracts specify that the writer is providing the story as “work for hire,” but has the right to publish the piece on her website, in an anthology, or after a specific period of time, in another publication. Magazine publishers rarely refuse permission to reprint if given credit for the original publication. Magazines often retain the right to publish the piece on its own website or in their own anthologies (e.g., “Sunset Magazine’s Guide to Western R.V. Travel”).

What copyright protection exists internationally? There is no “international copyright;” the laws of individual countries govern. Happily, most countries have signed treaties giving copyright protection to non-citizens, agreeing to enforce each others’ copyright laws, and providing an enforcement mechanism.

Full U.S. copyright protection is available to any person who, when the work is created, is a “national or domiciliary” (meaning generally a citizen or resident) of the U.S. or any country that is a signatory to international copyright treaties. U.S. copyright law also applies automatically to works first published in the U.S. or treaty parties. In short, most countries have signed international copyright agreements and honor copyright no matter what the author’s citizenship or residency.

If your work is first published abroad and you are a U.S. citizen or resident, your copyright is protected by both foreign and U.S. law. The treaties provide a relatively uniform system of protection.

If you sell foreign rights and your work is published in translation or in a different edition (e.g., a book first published in the U.S. is published in German for distribution in Germany or in a British edition with differences in spelling), a separate copyright exists in the new edition.

For more info, check out the U.S. Copyright office for circulars on specific topics or their Frequently Asked Questions. Or consult a legal reference book for writers such as The Writer’s Legal Guide, an Authors Guild Desk Reference, by Tad Crawford & Kay Murray (3d Ed. 2002, Allworth Press).  (When I spy a new edition, I’ll raise my hand.)

Who Can Represent Defendants in Death Penalty Cases?

OldMTPrisonA bonus post this month — I’m continuing to republish a few of the “Questions of the Month” from my website as it undergoes a lovely redesign. This was originally published several years ago in First Draft, the newsletter of the SinC Guppy chapter. 

Who Can Represent Defendants in Death Penalty Cases?

A writer reminds me that a subplot in the movie “My Cousin Vinnie” involves the qualifications of an out-of-state lawyer hired to represent the defendant in a death penalty case. So, she asks, what are those qualifications?

Federal courts and most states with the death penalty require that when a defendant is charged with a crime eligible for the death penalty, at least one member of the defense team meet certain standards. Although prosecutors are not required to declare whether they will seek the death penalty when they file charges, the American Bar Association’s 2003 Guidelines recommend that qualified counsel be appointed as soon after arrest as possible – even before the defendant has been formally charged or found eligible for a public defense. As far back as 1932, the U.S. Supreme Court acknowledged that a person facing criminal charges “requires the guiding hand of counsel at every step in the proceedings against him.”

Why? Because the stakes are never higher. The primary goals, of course, are to make sure that the process is fair, that convictions are reliable, and that the sentence imposed is appropriate. A great deal of recent publicity has underscored the too-frequent inequities and outright errors in capital – or death penalty – cases. Those cases involve many of the same decisions and issues as other criminal cases – issues of witness credibility, forensics, aggravating and mitigating factors in sentencing. But in capital cases, those issues may be more acute, and others also arise. Should the defendant undergo a psychiatric examination? How should potential jurors be questioned about their attitudes toward capital punishment? Should the method of execution be challenged?

As the law evolves – and it always does – keeping up gets harder. Capital cases often involve psychiatric issues not present in other cases. Prosecutors and defense counsel need a working knowledge of both mental competence – the defendant’s ability to understand the charges and help with his own defense – and mental illness. A high percentage of capital defendants suffer from some degree of mental illness. Lawyers on both sides – and judges – have to evaluate whether mental illness is a defense in the case, a factor in sentencing, both, or neither.

The enormous responsibilities of defending capital cases place huge pressures on counsel – emotional and psychological pressure, as well as the need to organize their time, case files, and staff efficiently.

Such highly specialized skills can be hard to find. In states with smaller populations, death penalty cases are less common, and it may be difficult to find a lawyer with sufficient experience who is able to take on the case. In that situation, the court may appoint an out-of-state lawyer with death penalty experience to work with an experienced local criminal lawyer.

What of a defendant who chooses to represent himself? The death penalty complicates the already messy question of pro se defense. The defendant’s mental status and competence to represent himself is crucial – and for that reason, pro se capital cases are rare. Backup or standby counsel will be appointed to assist and advise the defendant, and take over if necessary.

So what is required to be a capital defense lawyer? The federal courts have adopted a specific procedure for certification, as have many states, following the ABA Guidelines. I can’t begin to summarize the various rules, but at the minimum, they involve the following considerations:

  • experience preparing, negotiating, and trying complex criminal cases, preferably including other capital cases;
  • knowledge of the applicable law, both substantive and procedural;
  • experience and skill working with expert witnesses, especially on issues such as  forensics, DNA, ballistics, and psychiatry;
  • skill in research, analysis, and drafting documents, and in oral advocacy;
  • skill in investigating, preparing, and presenting evidence on mental status;
  • experience managing complex cases, including staff (other lawyers, investigators, and clerical personnel), physical evidence, and documentation;
  • experience investigating and presenting mitigating factors – those aspects of a case and a life that warrant a sentence less than death;
  • ability to work and communicate with a client who may be mentally impaired or socially dysfunctional;
  • a limited workload.

And, I would add, empathy, unquestionable ethics, and a passion for justice.

The ABA publishes Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases (rev. 2003).

Photo: the Old Montana State Prison, now a museum; credit to the Museum Society.

A new resource for writers

BBG - 9My friend Bill Hopkins, a mystery writer and mostly-retired Missouri judge, has a new blog for writers, Bench, Book, and Gavel. Here’s what he says about it:

“Let’s talk about the law. Specifically, the criminal law. In the United States of America, we have at least fifty different sets of criminal statutes. Add to that all the territories (Puerto Rico, Guam, etc.) and the federal statutes, we have more sets.

Needless to say, that gets confusing quickly.

What I intend to do here in this blog is to discuss legal issues that are important to writers but also to entertain and inform you, the readers of our books. Without readers, after all, we’d be writing to each other.”

Bill Hopkins

 

Bill plans a weekly blog. Subscribe and receive it in your e-mail in box, as you do mine. And you’ll be twice as smart about the law!

Garner on terminology

GarnerGarner’s Modern American Usage is a reference you should all have.

“Garner’s Usage Tip of the Day

judge; justice.

In American English, as a general rule, judges sitting on the highest appellate level of a jurisdiction are known as “justices.” Trial judges and appellate judges on intermediate levels are generally called “judges,” not “justices.”

New York and Texas depart from these rules of thumb. In New York, “justices” sit on the trial court of general jurisdiction (called the Supreme Court, oddly), whereas “judges” sit on the appellate courts. In Texas, “justices” sit on the courts of appeals (between the trial court and the Supreme Court — the latter being the highest civil court, which is also composed of “justices”); “judges” sit on trial courts and on the Court of Criminal Appeals, the highest criminal court.

H.W. Horwill wrote that “‘judge’ carries with it in America by no means such dignified associations as it possesses in Eng. It may mean [in American English] no more than a magistrate of a police court.” Modern American Usage 180 (2d ed. 1944). “Justice” may also denote, in American and British English alike, a low-ranking judge or inferior magistrate, as in the phrases “justice of the peace” and “police justice.””

How to Make Fake Blood

Not the usual Law & Fiction post, but in honor of the approach of Halloween, I’m delighted to share this recipe for fake blood from Al O’Brien, an adjunct professor of Criminal Justice at Seattle University, one of the more surprising articles in the Fall Alumni magazine!

1-1/3 cups water

2 cups powdered milk

1-1/2 ounces red food coloring

25 drops green food coloring

5 drops blue food coloring

Slowly add the water to the powdered milk, stirring constantly to get a blood-like consistency. Adjust the amount of water as necessary. Add food coloring and stir well to blend. The mixture will keep about a week, but the consistency may change over time. Makes about 3 cups.

O’Brien says there are a dozen or more recipes online, using maple syrup, congealed BBQ sauce, peanut butter, soy sauce, chocolate syrup, coffee, and tomato. He credits this recipe to Elizabeth Murray, a forensic anthropologist and professor at the College of Mount St. Joseph, in Cincinnati.

Enjoy — and as always, bleed responsibly.

Dorothy Cannell Guppy Scholarship

From In SinC, the Sisters in Crime Quarterly:

“To honor one of the most enduring author/agent partnerships in mystery publishing, Sisters in Crime is administering the Dorothy Cannell Guppy Scholarship, offered by agent Meg Ruley to honor her long-time client.

The $1,000 scholarship will be offered each year to an aspiring or published mystery author who is a member of the Guppies (a member of the Sisters in Crime GUPpy or “Great Unpublished” chapter), and is designed to subsidize attendance at the Malice Domestic conference, held annually in Bethesda, Maryland.

Malice Domestic honors the traditional mystery and awards the prestigious “Agatha,” named for Agatha Christie. According to Rule, “Attending Malice was, for Dorothy as for many other crime writers, a wonderful introduction to the community of mystery readers and writers. This scholarship will allow another new writer (published yet or not) the opportunity.”

To apply, a Guppy member should send a statement, no more than 200 words, about how attending Malice will support her writing goals, to Sisters in Crime at sistersincrime@juno.com, RE: Dorothy Cannell Scholarship.

All entries should be received by December 1, 2015. The winner will be selected from the entrants and announced early in 2015. The award will be for attendance at Malice Domestic May 1-3, 2015.”

Wow. As an original Guppy—one of two—I’m stunned and grateful. Thank you, Meg and Dorothy. Gups, get your entry in soon! 

 

Fact vs. Fiction in police work — a sergeant speaks

Today, we welcome Adam Plantinga to the blog to share a few tips about the reality of police work. A sergeant with the San Francisco Police Department, Adam is the author of 400 Things Cops Know: Street-Smart Lessons from a Veteran Patrolman, published today by Quill Driver Books. He’ll make you laugh, but he’ll also make you smarter. Read on.

400 Things Cops Know CoverPlaywright Arthur Miller once said drama is a compressing of time. You need to make a lot of things happen in a short span. That’s why you skip the slow stuff to keep the audience engaged. So if cop shows, books, and movies aren’t very realistic, it’s okay, because that’s just how narrative best functions. But you still want to craft a work that rings true when it counts. It’s a bit of a balancing act. To aid in this endeavor, I have listed examples below to keep in mind if you are writing a police-related novel or screenplay and wish to sound reasonably authentic.

1.  Fiction: Even the most willowy of cops kicks down the suspect’s door in a single blow.

Reality: Doors, especially exterior ones, can be onerous to take down. Once it took me twenty-seven tries. I know this because there was a sergeant next to me counting out loud encouragingly. And the most effective means of entry isn’t the manly snap kick where you face the door with your shoulders squared, but rather the ungainly mule kick, where your back is to the door and you lash out with your foot like Eeyore.

2.  Fiction: The male cops are ruggedly handsome and frequently shirtless, with toned, tan physiques. The female officers have shimmering hair with a lot of bounce to it and commendable skin.

Reality: We are not as gorgeous or dynamic as our fictional counterparts. Some cops look like they’ve been hit in the face with a crowbar. (Some, have, in fact, been hit in the face with a crowbar. It’s that kind of job.) If cops looked like models, believe me, we’d be models. That gig would beat sprinting down some dirty alley after a knife-wielding meth addict any day.

3.  Fiction: Local law enforcement has just started investigating the big case when the feds swoop in with their trench coats and sunglasses. One of the feds says, “We’re taking over.” A bitter argument about jurisdiction ensues.

Reality: If the feds show, you probably have a massive migraine of a crime scene on your hands that involves something you don’t deal with much (a train derailment, a nasty hazardous materials situation, a multi-state crime spree). So if some three letter agency offers to be on point, your reaction is likely going to be Thank the Lord. The FBI really wants this mess? It’s all theirs. Maybe you can still make your daughter’s piano recital after all.

4.  Fiction: The hero cop shoots a few bank robbers in the afternoon, and returns to work the next morning full duty as some police colleague comments, “Nice work yesterday.”

Reality: If you are in an officer-involved shooting, you are immediately placed on administrative duty pending the completion of the investigation. There’s also mandatory counseling involved. Police shootings are relatively rare and a very big deal. They are treated as such.

5. Fiction: Plainclothes cops or detectives in suits walk around in public with their guns out but no visible form of police identification.

Reality: You are required to have your badge/ID out if your firearm is showing. How are civilians supposed to know you’re a cop as opposed to just some nutjob walking around with a firearm? Even other police officers may not know who you are, especially on larger departments. Is everyone just supposed to intuit you’re the police because you have that shimmering hair with a lot of bounce to it?

6.  Fiction: The two detectives interrogate the suspect and cut right to the chase. After a few minutes, the suspect breaks down and gives a full confession.

Reality: Interrogations start with rapport-building. You want to find out something about the suspect first. Where he grew up, which school he went to, if he has siblings. You usually don’t even touch on the crime at hand until you’ve gotten him comfortable talking to you. Then there’s bathroom breaks.  Maybe even a proffered fast food meal. The whole process can take hours. Usually the only people who confess within a few minutes are juveniles.

7.  Fiction: The police protagonist knowingly enters an incredibly dangerous situation alone, often muttering, “There’s no time for backup.” He also is equipped with a flashlight that only seems capable of illuminating the first three feet in front of him.

Reality: There’s almost always time for backup. If there’s one suspect, at least two to three cops will respond. Two suspects? No fewer than four. Three or more bad guys? The whole shift is showing up. Police aren’t superheroes. You succeed because you use training, tactics, and superior numbers.

Also, our flashlights work just fine.

Adam PlantingaAdam Plantinga is a sergeant on the San Francisco Police Department and the author of the just-released book 400 Things Cops Know: Street-Smart Lessons from a Veteran Patrolman, available from Amazon, Barnes and Noble, local booksellers, and from the publisher, Quill Driver Books