Deterring Unconstitutional Policing: What all cops, civic leaders, and citizens should know for improving...

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Thomas J Martinelli

Deterring Unconstitutional Policing

What all cops, civic leaders, and citizens should know for improving police community interactions...

Thomas J Martinelli

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English

Gatekeeper Press
26 May 2021

Human rights; Civil rights & citizenship; Private & Civil law: general works; Constitutional & administrative law; Torts Law

"As punctuated through recent events, societal perceptions are that American policing continues to fail in its mission, to protect and preserve. Whether because of institutionalized prejudices that emphasize an ""us versus them"" mentality, reinforced through warrior training tactics, or poor recruiting, training, leadership and discipline, or a combination of these factors, the police profession continues to be challenged in its mission to deliver police services to the very citizens they swore to serve.

The challenge now is to recognize the profession's shortcomings regarding indifference, negligence, intentional acts and their cover-ups and the costs associated with such unconstitutional policing tactics. We must all learn from them, police and citizens alike, to better police service and citizen expectations. These are preventable, compensable acts of liability that are the direct result of inadequate legal training, poor supervision, dysfunctional police organizations and occupational prejudices against the disenfranchised, the marginalized and the less fortunate.

The profession must focus on comprehensively training the next generation of officers regarding these breaches of duty that dilute the public's trust in their law enforcement. As well, civic leaders and citizens must appreciate what and how costly unconstitutional police acts are and hold their agencies accountable for such malpractice. Such acts taint the profession, tarnish the public's perceptions, cost taxpayers exponentially in jury awards and settlements and deplete a department's morale.

Noble integrity is a training concept that defines and refines the balance between the constitutional limitations of badge authority with the guardian/warrior mindset, demonstrated through an oath-based training approach. It exemplifies the Intelligence Led Policing philosophies of self-policing, Unit policing, whisteblowing, audits and purges and hierarchical accountability. By referencing U.S. Supreme Court cases the reader is better educated in the nuances and standards of constitutional police procedures, coupled with police malpractice incidents that have cost officers their jobs, department's the public's trust and municipalities in crippling legal fees. ""Doing the noble thing"" must be the standard and mantra for 21st century policing to begin the police-community healing. But it is the police profession that must begin this healing process in changing its officers' mindset.

The challenge today is enlightening, thus empowering, all students of policing as to the legal and ethical standards our police officers must be held to in order to improve police-community relations and reduce municipal civil liability. This includes, but is not limited to discussions regarding Constitutional Law, Qualified Immunity, De-escalation measures, Violations of the Oath of Office, the temptations of the profession and national de-certification indexes. Quality of character matters in all facets of policing and is a defense to allegations of police malpractice and breaches of the oath."

By: Thomas J Martinelli
Imprint: Gatekeeper Press
Dimensions: Height: 203mm, Width: 133mm, Spine: 16mm
Weight: 313g
ISBN: 9781662908026
ISBN 10: 1662908024
Pages: 298
Publication Date: 26 May 2021
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

Thomas J. Martinelli, J.D., M.S., has been a practicing attorney for over 30 years and a police trainer for the last 20 years. For years he was an adjunct professor in the Criminal Justice Department at Wayne State University, Detroit, Michigan, where he taught criminal justice courses at the undergraduate level. Most recently he was the constitutional law lecturer for a training team, educating police chiefs, leaders and commanders of intelligence units, in the constitutional nuances of the Intelligence Led Policing philosophies, funded by the Department of Justice, through its Bureau of Justice Assistance. Additionally, he studies and writes about police ethics and liability issues, police misconduct and its costs as well as constitutional policing trends. His work focuses mainly on the risk management costs associated with unconstitutional policing and dysfunctional organizational indifference to it. His noble policing block offers best police practices, lessons learned and a mission driven, honor bound mindset that reflects the oath of office all police officers are dutifully sworn to abide by. During his career, Mr. Martinelli has been a patrol officer, union steward, public information liaison, department prosecutor, constitutional law trainer, expert witness and consultant. He has testified as an expert witness in federal civil rights cases, focusing on use of force issues, privacy rights protections, de-escalation training and policy compliance measures. He has authored, or co-authored, a number of articles and research presentations, most of which are related to legal and ethical policing, liability awareness training, privacy protections and civil liberties and minimizing risk in the public sector. He has been a long time committee member of the Police Image and Ethics Committee of the International Association of Chiefs of Police as well as numerous criminal justice associations around the country. He has participated as a subject matter expert on constitutional policing procedures, best practices, lessons learned and successfully policing privacy at national and regional criminal justice conferences. Mr. Martinelli holds a juris doctorate, a master's degree in criminal justice and a bachelor of arts degree, all from Michigan State University. He studied at King's College, Cambridge, England, during his undergrad years and returned to Great Britain for part of his graduate studies in police ethics. See more on his website, thomasjmartinelli.com