DETERRING UNCONSTITUTIONAL POLICING
BY THOMAS J. MARTINELLI, J.D., M.S.
BY THOMAS J. MARTINELLI, J.D., M.S.
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TRAINER, EDUCATOR,
AND AUTHOR
Mr. Martinelli is a police ethicist, a former police officer, a licensed attorney and an adjunct professor. He is a police academic and trainer who specializes in constitutional policing law, police ethics, Intelligence Led Policing, risk management and reducing overall police misconduct.
Mr. Martinelli has testified as an expert witness in civil lawsuits regarding issues ranging from use of force, police misconduct, policy non-compliance and inadequate training and supervisory measures and works as an independent training consultant for the Institute for Intergovernmental Research, Tallahassee, Florida, funded by the Bureau of Justice Assistance.
Unconstitutional Policing occurs when sworn law enforcers intentionally violate citizens' constitutionally protected guarantees, then fly under the disciplinary radar and are rarely held accountable for these illegal, punitive, policy non-compliant violations. Most unconstitutional policing acts are not blatant criminal acts per se. Rather they are the less disciplined forms of police misconduct such as abuse of non-fatal force regarding excessive tasing, lying, a willingness to deceive, noble cause corruption and conduct unbecoming. De-certify rogue cops, eliminate their illegal, unconscionable, intentional and unethical acts and you will reduce agency liability, negative publicity and remove the metaphorical knee of police oppression.
Noble Policing involves the habitual practice of exemplifying, both on and off the job, high moral character, through a dignified, respectful, honest, humble and uncorrupted approach, with the ultimate priority being the preservation of all human life. Doing the noble thing exemplifies the standards and oaths all officers take upon their certification.
The concept of Ethical Defensibility provides all sworn personnel with the philosophical tools and analytical skills necessary to weigh value-based alternatives, resulting in the repetitiveness needed to protect, preserve, and defend the integrity of the police profession. Ethical pause, creating time and space and allowing cooler heads to prevail is the sole path to preserving lives, officer's careers and the overall police professional image.