While the Court acknowledged the lower level of scrutiny inherent within stops and frisks would likely lead to discriminatory policing, it maintained that such discrimination could not be proactively deterred by the Court and any attempt to do so would only serve to impede legitimate policing (Terry, 1968). "Stop, Question And Frisk In New York City Research Paper Examples. It is also extremely likely that the majority of frisks are not performed due to an officer’s suspicion that a suspect is armed, given that less than one percent of frisks result in a weapon being found. As is true with the general population, officers have a proclivity toward associating African Americans with criminality. It cited studies which had shown that African Americans were more likely to be illegally frisked than whites, and that “observers in on-view encounters judged frisk necessary for the officer’s protection less often when Negroes than whites were searched” (Kurland and Casper, 1975). Looking at statistics, the main culprits of the program have been the African Americans and to some extent Latino Americans. While the study found both groups were subject to racially stereotypical beliefs, it found that average citizens, not police, were the only group susceptible of acting on such bias. This assertion is disputed by the current statistics. Ayers attempted to determine if African Americans were more likely to be subjected to stops and frisks than whites, and if a racial discrepancy did exist if it was due to bias or legitimate policing (e.g. When the students were presented with a black face, they were able to identify the weapon more quickly than when presented with a white face, but were also more likely to misidentify the tool as a weapon as well. Racial stereotypes subtly influence an officer’s decision regarding whom to stop and frisk. Later decisions only served to expand this discretion even further, by refusing to clarify what would constitute reasonable suspicion, instead ruling that it was to be defined by a “totality of circumstances”. The mayor has refused to heed to the demands of the citizenry to have the program suspended. Without judicial oversight, the limitations placed upon the scope of stop and frisk were virtually meaningless. A survey conducted in 1995 asked respondents to “envision a drug user”, and then asked those surveyed what race they had pictured the imagined drug user being. Minnesota v. Dickerson, 508 U.S. 366 (1993). Your financial data is encrypted, safe, and will remain strictly confidential - this is our unbreakable WOW! The Court was clear to delineate when a stop and frisk could legally be employed, but was not able to adequately define the parameters of what constituted reasonable suspicion. Copyright © 2000-2020. In fact, African Americans were most likely to be stopped in areas in which they constituted a minority (less than one-third of the population.). Despite the city implementing new training policies, stop and frisk continues to be performed in an illegal and discriminatory manner. Despite these purported changes, a class action lawsuit was once again brought against the NYPD in the case of Floyd et al. Wills, Kerry. This abuse was overwhelmingly targeted toward minority communities (Eterno, 2012). New York City Police Foundation, 1-52. Indeed, with the introduction of the program, citizens always feel safe with the presence of police officers around them. Free Essay Examples - WowEssays.com. Often frisks of African Americans are less productive than frisks of white Americans, which contradicts that greater frisk rates are explained by greater rates of criminality. If African Americans are significantly more likely to be stopped and frisked, but significantly less likely than whites to be found with weapons, it suggests that racial profiling, not high crime rates, may be responsible for this disparity. Plaintiffs’ Sixth Report to Court and Monitor on Stop and Frisk Practices: Fourth Amendment Issues. While a suspect’s location in a high crime area was not singularly sufficient to justify a stop and frisk, it could be used in conjunction with other factors. Several studies will demonstrate that implicit bias affects an individual’s decisions, even when they have no conscious bias toward a certain group. African American neighborhoods are consistently more likely to be targeted than white ones, even when crime rates between the two are comparable. Throughout its decision, the Court referenced the arresting officer’s extensive experience on the police force to legitimize their decision to stop and frisk Terry and his codefendant. Community policing enables the police officers and other law enforcement officers to get information concerning crime without directly harassing suspected crimes (Gelman, Fagan, & Kiss, 2008). A frisk was limited to a brief pat down of the suspect’s external clothing, and could only be used to the extent necessary for immediately identifying weapons on his person. Stop and Frisk as a Program, Not an Incident. The stop-and-frisk policy could be considered a big controversy facing New York in recent times. The inferences and observations made by the officer are given deference by the judge, as precedent holds that an officer’s training and experience allows him to reasonably detect suspicion where an average person may not. Upper Saddle River, NJ: Prentice-Hall. Now, imagine eighty-seven percent water covering the Earth. According to Greg Ridgeway, author of Assessing the Effect of Race Bias in Post-traffic Stop Outcomes Using Propensity Scores, “A race bias can reveal itself at every stage of the vehicle stop process, including, officers make to enforce these rules and causes a lot of controversy. It established the “plain feel” doctrine, which stated that as long as the officer’s initial search for weapons was valid, any contraband found therefrom was admissible. Therefore, although justifying the seizure of contraband under the plain feel doctrine, the Court also found that the search conducted by the officers in Dickerson had been improper, as the officer had continued to “mash” the object in Dickerson’s pocket, even after determining it was not a weapon. Stop, Question And Frisk In New York City Research Paper Examples. "Argumentative Essay On The Stop And Frisk Policy. It feared an even lower standard of suspicion would result in even more innocent people being harassed. New York, NY: Norton and Company. Even when adjusting for the police presence and crime rates within a certain neighborhood, it was concluded that most stops were concentrated in minority neighborhoods and not in white areas. Indeed, everyone appreciates that crime does not occur in a vacuum, one has to prepare and organize to commit a crime. Along with referenced facts about the Stop and Frisk Policy, this paper will include and, If you say you have a policy in place or a program set up, it sounds like you have your stuff together. Now, imagine eighty-seven percent water covering the Earth. Without judicial oversight to ensure that officers are complying with the constitutional limitations on stop and frisk imposed by the Court, it was inevitable that widespread abuses would occur. The city appealed, which the Circuit Court granted, instituting a stay on the proposed remedies and remanding the case back to the District Court to be tried by a new Judge (Floyd, 2016). Stop-and Frisk” was a method that was implemented by the New York City Police Department in which an officer stops a pedestrian and asked them a question, and then frisks them for any weapon or contraband (Rengifo & Slocum, 2016). 14th June 2013. https://www.wowessays.com/free-samples/stop-question-and-frisk-in-new-york-city-research-paper-examples/. However, because of the unspecified nature of what constitutes a “high crime area”, and because of the minimal judicial oversight to which this practice was subjected, police were able to misapply this justification with impunity. [Internet]. This makes the work of the defense even more difficult if they wish to dispute the validity of a stop. These rates are lower than the success rates at random checkpoints. The Fourth Amendment ensures an individual’s person and property are protected from abusive and baseless government actions. Fletcher, G., & Clark, M. (2001). With proper legislative action this injustice can and will be righted! Minority neighborhoods were also found to contain the most per-capita stops within Chicago. The defendant, Wardlow, had been standing in front of a building within a high crime neighborhood in Chicago. Nonetheless, studies and statistics show that the minority groups and especially the African American lead in criminal activities. [Internet]. The more stereotypically “black” a face looked, the more it was associated with criminality (Eberhardt, 2004). The most commonly cited factor was a suspect’s location in a high crime area, cited in over fifty percent of incidents (Avdija, 2014). In these cases, officers either cited legally insufficient reasons for the stop (e.g. Given the fact that in most cities frisks discover a weapon less than one percent of the time, it seems evident that the weapons justification is simply used as a pretext to justify said frisk. Journal of Personality and Social Psychology, 87(6), 876-93. ]��h�L It refused to entirely ban the policy of stop and frisk simply because it was sometimes utilized in an improper manner. Sufficient checks placed upon officer’s discretion can greatly reduce the potential ramifications of such bias by providing officers with racially neutral practices and tools upon which to rely, instead of simply their own personal judgements. After the city’s motion to dismiss was denied, they reached a settlement with the plaintiffs which included writing an anti-racial profiling policy as well as performing audits on officers who performed stop and frisks, the results of which were to be submitted to the Center for Constitutional Rights for review (Daniels, 2012). These factors were difficult to define or counter, and could be distorted to apply to almost anyone at any time. Numerous studies will exhibit the implicit racism present within individuals as well as a system of racism within the criminal justice system. They are intruding on people's private life and instilling fear in them unjustly. American Constitutional Law: Introductory Essays and Selected Cases (12th ed.). Their expectation usually is that police officers would apply their skills and knowledge in detecting and arresting criminals or potential criminals in the public (Ferrandino, 2012). There is also evidence that stop and frisks have been conducted in a racially biased manner and used to disproportionately harass African Americans. Everyone understands that each stop, question and frisk encounter violated the established constitutional rights. Despite the implementation of these measures, a large proportion of stop and frisks continued to be conducted illegally. A major issue today is police use of force, stop and frisk. Stop and Frisk The U.S. Constitution ensures the rights of citizens, particularly against police and government intrusion. Stops and frisks are also utilized in a racially discriminatory manner, unfairly targeting African Americans. (2014). Instead, the Court in Terry shifted the burden to subsequent Courts, ruling that factors could only be deemed reasonable or unreasonable when specific cases were brought before the Court. Statistics concerning the use of lethal force and a suspect’s race reveal a strong discretionary bias on the part of the police officer. Cities are often extremely reluctant to provide any meaningful data regarding their stop and frisk usage and will usually only do so as the result of a lawsuit. Stop and Frisk Shauna Hinchley CJ105 April 29 2013 Mr. Kagawa Stop and Frisk The stop and frisk is when a police officer stops a person, one he/she believes is suspicious individual, and with lawful intent, pats down in search of a hidden weapon in the suspect's clothing.