...An issue I deem that is a flaw in the criminal justice system is using racial profiling for the stop-and-frisk policy. Racial profiling is basically the use of race or ethnicity as grounds for suspecting someone of committing a crime or an offense. The stop-and-frisk policy is when a police officer stops someone he/she deems suspicious and frisking the person for something. One case that relates to this flaw in the criminal justice system would be the Floyd v. City of New York. The date that this case was filed was on January 31, 2008 by David Floyd, David Ourlicht, Lalit Clarkson and Deon Dennis. This case challenged the New York Police Department’s (NYPD) practices of racial profiling and seeing whether or not the stop and frisk policy...
Words: 1835 - Pages: 8
...from unreasonable search and seizures was violated. The court denied the defendants' motion on the ground that Officer McFadden, on the basis of his experience, "had reasonable cause to believe . . . that the defendants were conducting themselves suspiciously, and some interrogation should be made of their action." Purely for his own protection, the court held, the officer had the right to pat down the outer clothing of these men, who he had reasonable cause to believe might be armed. The Supreme Court of Ohio dismissed their appeal on the ground that no “substantial constitutional question” was involved (Kemp, David. (2012). Terry v. Ohio 392 U.S. 1 (1968). U.S. Supreme Court Justice William Douglas strongly disagreed with permitting a stop and search without probable cause, stating “I agree that petitioner was "seized" within the meaning of the Fourth Amendment. I also agree that frisking petitioner and his companions for guns was a "search." But it is a mystery how that "search" and that...
Words: 1036 - Pages: 5