The Police Malpractice Approach
E+Mp=rD
Evidence + Malpractice (by Police) = Reasonable Doubt
POLICE MALPRACTICE /pəˈlēs malˈpraktəs/ Noun
Improper, illegal, or negligent conduct by law enforcement officials.
"Police Malpractice" broadly encompasses any improper police conduct, including:
- violations of Constitutional protections & unlawful arrest
- mishandling of evidence
- failure to properly document events
- use of excessive force & failure to intervene
- violation of established police policies
- police conduct vs. institutionally recognized practices
When Police Malpractice is exposed in a criminal case, the reliability of police evidence and testimony is doubted. These concerns cause reasonable doubts about the allegations. The notion of the "police being on trial" in a criminal defense case is exactly what must happen to fully understand the origin of evidence and consider conclusions reached by law enforcement.
Malpractice by police causes people charged with a crime to be denied fairness from the start. In a criminal case, "Garbage In - Garbage Out" evidence can deprive a person of the fundamental right to due process and a fair trial. In some cases, the entire criminal defense strategy is to focus on the failures of police to properly investigate & document events or identify other possibilities that were not considered. This is often true in OUI (drunk driving) charges, when the police assume alcohol is the cause of every conceivable indication of impairment - for example, when someone is not walking in a perfectly straight line or when having difficulty with balance caused by a collision, pre-existing injury, or disability.
The Police Malpractice approach is the most precise method to discredit police testimony, challenge law enforcement's conclusions, and question the origin and handling of physical evidence.
James Walckner is a committed and zealous criminal defense and civil litigation attorney in Springfield, Massachusetts. Prior to opening his law practice in Western Massachusetts, James was a police officer for 21 years. He brings "industrial know-how" from his many experiences of investigating OUI / drunk driving cases as a uniformed officer and other crimes as a detective to challenge police conduct and investigative conclusions.
In addition to his basic police training at the Worcester Police Academy, Attorney Walckner received the following specialized law enforcement training:
INVESTIGATIVE TECHNIQUES
Basic Criminal Investigation Massachusetts State Police Academy
Crime Scene Investigation MA Municipal Police Training Committee
Basic Homicide Investigation Massachusetts State Police Academy
Rape Investigation Massachusetts Criminal Justice Training Council
Child Abuse Investigation Massachusetts State Police Academy
Background Investigation Massachusetts State Police Academy
Basic Narcotics Investigation Drug Enforcement Administration
Arson Investigation Massachusetts State Police Academy
Financial Crimes Investigator Course Massachusetts State Police Academy
Financial Investigative Techniques Multijurisdictional Counterdrug Task Force
Interview & Interrogation (Basic/Advanced) John E. Reid & Associates
Statement Analysis National Drug Intelligence Center
Basic/Advanced Auto Theft Investigation Massachusetts State Police Academy
Computer Crime Investigation MA Criminal Justice Training Council
Internet Crimes Worcester County (MA) District Attorney’s Office
Buccal DNA Evidence Collection Massachusetts State Police Crime Laboratory
Identi-Kit 2000 System Smith & Wesson
Smith & Wesson Identi-Kit System Identi-Kit Company
Search Warrants Massachusetts State Police Academy
Identity Theft MA Criminal Justice Training Council
Rave/Club Drug Awareness Bureau of Justice Assistance
Law Enforcement Drug Seminar N.E. Narcotic Enforcement Officers’ Assoc.
Child Abuse Seminar Worcester County (MA) District Attorney’s Office
Bank Security Training MA Criminal Justice Training Council
TACTICAL TRAINING
Use of Force Instructor Course MA Municipal Police Training Committee
Defensive Tactics Instructor Course MA Municipal Police Training Committee
Taser Instructor Certification Taser International, Inc.
Expandable Baton Instructor Course R.E.B. Security, Inc.
Defensive Tactics Instructor Re-Certification (x2) Mass. MPTC
Hostage Rescue Techniques L.E.A.D. Consultants (LAPD SWAT)
Barricaded/Hostage Response Training Van Meter & Associates, Inc.
Counterdrug Special Reaction Team Course U.S. Army Military Police School
Patrol Response to Active Shooter Incidents National Tactical Officers’ Association
Taser (User Level) Certification Mendon Police Department
Bomb Threat/Explosives Incident Training Massachusetts State Police Academy
Explosives Recognition & Bomb Threats Massachusetts Firefighting Academy
Response to Terrorist Bombings New Mexico Tech
Emergency Response to Terrorism National Fire Academy
SWAT In-Service (x3) CEMLEC SWAT
Basic Crisis Negotiations Federal Bureau of Investigation
4th Annual Crisis Negotiations Seminar N.E. Crisis Negotiations Assoc. & F.B.I.
Police Ground Combat TEAM Associates
Street Survival Seminar Calibre Press, Inc.
Monadnock PR-24 Basic Course Hubbardston (MA) Police Department
OPERATIONAL TRAINING
Municipal Police Academy (23 weeks) Worcester Police Academy
Basic Firearms Qualification Course MA Criminal Justice Training Council
Emergency Medical Technician Course Quinsigamond Community College
Reserve/Intermittent Police Training Course MA Criminal Justice Training Council
Crime Prevention Officer Training MA Criminal Justice Training Council
Rape Reporting on College Campuses Northeast College Sexual Assault Network
Campus Law Enforcement Seminar Massachusetts Attorney General’s Office
Public Speaking for Crime Prevention Officers MA College Police Chief’s Assoc.
3rd Annual Crime Watch Conference MA Neighborhood Crime Watch Commission
Incident Command System (ICS-100) FEMA
Incident Command System (ICS-100) MA Municipal Police Training Committee
National Incident Command System (ICS-700) FEMA
Search and Rescue Management Shrewsbury (MA) Police Department
Teen Dating Violence MA Criminal Justice Training Council
Elder Abuse Massachusetts Attorney General’s Office
Sex Offender Conference Massachusetts State Police Academy
Motor Vehicle Searches MA Municipal Police Training Committee
Domestic Violence Advocacy MA Criminal Justice Training Council
