...wear jewelry in public”, and “’some citizens reported sprinting to subway exits when train doors opened to avoid victimization” (Bellin, 2014, p. 1503). The NYPD decided to implement a proactive approach to policing and developed the practice of Stop, Question, and Frisk (Stop and Frisk), or “the lawful practice of temporarily detaining, questioning, and, at times, searching civilians on the street”...
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...Scenario: Stop and Frisk Scenario 1: Police receive an anonymous tip that there is a white man, wearing a gray hoodie and black pants standing at the bus stop carrying a gun in his left jacket pocket. Officer Bob responds to the bus stop and observes the man as described. Question 1: Can Officer Bob conduct a stop and frisk based upon the dispatched information? Explain your answer Within the framework of stop and frisk a variety of factors must be assessed. First, does the police officer have a reasonable suspicion the person is going to commit a crime. Second does the police believe the person to have something on their person that would allow them to engage in a crime. In New York for example the stop and frisk rules are a bit lighter than in most states. A police officer in New York stop someone if they believe this person is going to engage in a Penal law misdemeanor (Matthews 2013). In Florida v. J.L the court ruled that if a person is believed to be carrying a gun be it the officer was told or reasonably believes it to be so the officer therefore has a right to search. For the sake of scenario the suspect is said to be carrying a gun from anonymous tip. This dynamic alone based on precedence allows for stop and frisk. So in this scenario the police has...
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...court case that started on October 31st, 1963, in Cleveland, Ohio, when police officer Martin McFadden observed three men engaging in suspicious behavior. At first, two men, John W. Terry and Richard Chilton, were taking turns pacing up and down Euclid Avenue, stopping to peer into a storefront, then congregating at the street corner. Later, a third party (Katz), met the two at the corner then left abruptly after brief conversation. Officer McFadden then confronted the three men, searched their outer garments under the suspicion of criminal intent, and found a pistol on Terry and another on Chilton. Terry’s defense argued the gun found on Terry was inadmissible in court as evidence, stating that his 4th Amendment right to protection 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...
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...Stop and Frisk The Stop and Frisk program in New York City is a exercise of the New York City Police Department , where police officers would stop and question thousands of walkers annually, and frisk them for weapons and other contraband. The rules for this such actions are found in “New York State Criminal Procedure Law section 140.50”, and are founded on the result of the United States Supreme Court in the case of Terry v. Ohio. Thousands people are stopped each year mostly are Blacks or Latino. Some judges have found that these stops are not based on reasonable suspicion of criminal activity. Each day in New York City, and in many other cities in the country, police officers will stop ask questions, and every now and then frisk people...
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...It is well documented that minorities (Black, Mexican, Muslim, etc.) are more likely to be stopped and frisked on the streets and on the highways. Police officers perceive young minorities, especially, black boys as violent and older than they actually are. In the article, Smith, Amanda L. 8 and Susan E. Mason. 9 "The Age of Racial Profiling in the Context of Terrorism." Modern Psychological Studies, vol. 21, no. 9 2, Spring2016, “Racial profiling refers to the law enforcement practice of using only race or ethnicity as probable cause to search or arrest an individual. The public has found racial profiling to be unjustified in the context of common crime, but tends to support the practice in the context of terrorism.” Law enforcement started using the highly controversial method of racial profiling with race or ethnicity as the primary factor for stop and frisk decisions when the war on drugs was implemented by President Ronald Reagan in the 90’s. The communities where drugs were rampant, at that time, happened to be where mostly minorities lived, so a profile, which was given to officers and the public to find a subject, consisted of a physical description of the suspect, behavioral classification and social or criminal ties was replaced with racial or ethnic...
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...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...
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...enforcement is significantly affected by profiling. Police officers use racial profiling to determine the individuals to the stop and frisk on suspicion of illegal goods and for minor traffic violations. It is mostly directed to people of color. The terrorist attacks in the nation have led to targeting of Arabs without substantial evidence of criminal activities. These actions are injustices against the people...
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...In majority of these cases, they are nonviolent offenders. One of the several frontline tactics used during the War on Drugs, is the stop and frisk procedure. This policy allows police officers to stop and frisk a citizen if the police officer has reasonable suspicion that the citizen has committed a crime. Police officers can use stop and frisk for a variety of reasons including: being within close proximity to a crime scene, suspicious behavior, high crime area, or it being a certain time of day (Avdija, 2013). Studies have shown that these types of War on Drugs policing tactics do little to reduce street level drug activity within the communities, but do increase police brutality (Cooper, 2015). Police brutality can be defined as the use of excessive physical force or verbal assault and psychological intimidation (Chaney & Robertson, 2013). Between the years of 2002-2014, five million New Yorkers were stopped and frisked with between 82% to 90% having not committed an offense (Cooper,...
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...Racial Disparities in the U.S. Judicial System Melinda Sims English Composition II Instructor Brandon Bond March 16th, 2014 Racial Disparities in the U.S. Judicial System The United States has the largest documented incarceration rate in the world. According to the Bureau of Justice Statistics at yearend 2012, approximately 6,937,600 offenders were under the supervision of adult correctional systems (2013). Of this number, more than 60% of the inmates in prison are minorities however; they make up only 37% of the United States population. Considering the trends in which minorities commit crimes, such broad statistics conceal that racial disparities pervade each stage of the U.S. judicial system, from arrest to trial and sentencing. The first stage of the judicial system is the arrest made by an officer. Police are given an incredible amount of discretion to use that leads to bias and racial profiling. According to Paul Bou-Habib in his article “Racial Profiling and Background Injustice”, he states, “The main reason in favor of using racial profiling in the context of criminal investigation is that I can increase the chance of catching criminals” (para. 2). A key factor in the imbalance of the arrests on minorities in comparison to whites is that they commit more crimes at higher rates. In the article, “The Correlates of Law Enforcement Officers’ Automatic and Controlled-Race Based Responses to Criminal Suspects” by B. Michelle Peruche & E. Ashby Plant (2006) suggests...
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...set off giant unrest and protests within their communities. In addition, Eric Garner, a citizen of New York, was also killed by a local officer through the use of a brutal “chokehold” sparking even more outrage. Countless cases of police brutality...
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...Racial profiling deals with selecting a person within a stereotypical criteria according to their specific racial group. The main reason in advocating racial profiling in the background of criminal study can enlarge the possibility of arresting criminals. Paul Bou-Habib stated, “If the rate at which members of a specific racial group commits a crime is higher than that of other criminals will be caught if the police concentrate their efforts on investigating members of the racial group in question?” (2011, p.34). It is not right when police officers, political officials, and judges make decisions based on predetermined racist and some would say ignorant beliefs. For example, my friend was in McDonald’s parking lot and he was in the process of switching seats with his friend because he was exhausted of driving. . The term “driving while black has been used to describe the practice of law enforcement officials to stop African-American drivers without probable cause” (Weatherspoon, 2004). This is one of the leading minority men are pulled over in their vehicle. Which usually leads to a unwarranted stop and either summons or sometime even arrest depending on the situation. To make matters worse, once the individual is unjustly cited or arrested its almost impossible to fight the case. The justice system usually sides with the officer. Currently, the mis-education of children in our school systems has played a huge part in this problem. Racist beliefs are an acquired...
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...and incarceration. Since the beginning of slavery African Americans have suffered due to their identity. Racial profiling deals with selecting a person for their complaint of a specific racial group. The main reason in advocating racial profiling in the background of criminal study can enlarge the possibility of arresting criminals. Paul Bou-Habib stated, “If the rate at which members of a specific racial group commits a crime is higher than that of other criminals will be caught if the police concentrate their efforts on investigating members of the racial group in question?” (2011, p.34). It is injustice, when police officers, political officials, and judges have learned how to automatically have a racist attitude towards blacks. For example, my friend was in McDonald’s parking lot and he was in the process of switching seats with his friend because he was exhausted of driving. While leaving the parking lot, the officer had pulled them over because he seen a black guy get out of his car and thought something seemed suspicious. The officer implied that my friend did not use his right turning signal. The term “driving while black has been used to describe the practice of law enforcement officials to stop African-American drivers without probable cause” (Weatherspoon, 2004). Currently, education has been a system of miss-education. I believe that children are pushed out of high school due to the treatment that they receive from the school faculty and staff. Dr. Carter G. Woodson...
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...The act of judging someone based on the color of their skin may sound like a thing of the past, but many cases are being presented today where minorities find themselves as the victims of racial profiling by police and government officials. This leads many minorities to feel targeted by them, and even harbor mistrust and suspicion. The social problem that I’m focusing on is racial profiling and the effects that it has on communities and society overall. Racial profiling is a widespread problem in society that often makes communities have strained relationships and a mistrusting relationship, which leads to a greater chance of having conflict between the two. Racial profiling is defined as, “The discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime...
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...Running Head: SOCIOLOGY IN CRIMINAL SYSTEM Abstract Sociology in the criminal justice system s both interest but very complicating. There are some many different aspects on what can be touched upon. The criminal justice system is known to be very biased. In specific terms the system is racial bias and unfair. The America uses a formal social control, to deal with crimes. Statistics show a fair difference and connection between race and the percentage of people convicted of crimes. Other components influence these percentages but always seem to come back to race. The racial unfairness has taken a toll on the American people and contrasts the idea that America was originally built on Incredible as it is America is one of the most tolerant nations in the world. America is a country that was built on freedom, pride, happiness, and equality. Though this is common knowledge and an allusion of the American people, the country has some faults. Equality is a major moral in America that was fought for in history and even in today's society. Throughout our history minority groups have fought hard for there rights and we have accepted the fact that its wrong to discriminate. It is agreed that racial discrimination is wrong as well (Banks, 2009, p 79). Racism has been a problem in America seen the country was founded. Slavery was a form of racism in the early centuries of America. Our judicial system has...
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...Contact us at: SUPPORT@ACTIVITYMODE.COM CRJ 320 WK 3 QUIZ 3 CHAPTER 4 AND 5 CRJ 320 WK 3 Quiz 3 Chapter 4,5 MULTIPLE CHOICE 1. In which 1984 case did the Supreme Court define a search as “a governmental infringement of a legitimate expectation of privacy?” a. United States v. Ross c. Mapp v. Ohio b. United States v. Jacobsen d. Terry v. Ohio 2. A lane search, or partitioning the area into lanes, a. can be adapted to any number of police personnel. b. is intended to be used only with one officer. c. works well inside. d. must always be used with a traffic director. 3. Which of the following is not a goal of a search during an investigation? a. to establish that a crime was committed b. to establish when the crime was committed c. to identify who committed the crime d. to punish the offender 4. Which of the following do investigators not need to know in order to conduct an effective search? a. the legal requirements for searching b. the identity of the offender c. the elements of the crime being investigated d. the items being searched for 5. The Fourth Amendment to the U.S. Constitution forbids what type of searches and seizures? a. illegal c. unreasonable b. unsupervised d. undercover 6. In which of the following cases is a search not legal? a. The search is incidental to a lawful arrest. b. An officer stops a suspicious person and believes the person to be armed. c. An emergency exists. d. An officer conducts a search of a motorist for a driving infraction...
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