Stop Question And Frisk Essay

1131 words - 5 pages

The stop, question and frisk policy is one of the most widely known controversy in the whole of New York City for the past years. Since its creation, the ongoing conflict between the New York Police Department and the citizens has never been resolved. There were several attempts to prevent the use of this policy, but all were unsuccessful. The main idea of this paper is to show how stop, question and frisk became a conflict between the New York Police Department and the citizens of New York State.
The stop, question and frisk were a program made to amend the broken windows theory. This is a term used in the criminal justice system which simply means if a crime is left alone without the interference of a police officer, and the application of law, crime rate will continue to grow. Offenders will continue to break the law and commit higher classes of crime. The idea of stop and frisk was to help maintain a better community and preventing smaller petit crimes from forming a more serious one. This was also an idea to provide a practical police system. It all started with former mayor Dinkins and mayor Giuliani who invested money to carry out this policy. Furthermore, the main ideas which a police officer would follow are “Reasonable Suspicion” for a stop, question and frisk and “Probable Cause” for an arrest. An officer would have to stop, question and frisk an individual, when he/she observes that an illegal activity, “will occur” or “has occurred”, this would be reasonable suspicion. For an arrest to be made, an officer would have to find probable cause when an illegal activity is occurring. However, in the late 1990’s, after this policy became official, 30% of the crime rate was dropped. This was the positive side to this policy. However, the negative side is the citizens would feel “humiliated” when they were being stopped for inquiry. This conflict has arisen for many years and was never solved until in the year of 2013.
Recently, an appellate court overruled a federal court decision that the stop, question and frisk policy was not unconstitutional, so the policy continued on for several weeks. According to the Huffington Post, Judge Shira Scheindlin was assigned to the case but was shortly removed because of her biasness and impartiality while giving median interviews during the trial. Judge Scheindlin violated the court rules and was accused of stating her personal opinion to defend her decision about stop, question and frisk. However, the removal of Judge Shira Scheindlin from the case will not matter as the decision will be to randomly assign judges to the case. Judge Shira Scheindlin’s ruling should not stand; it should be struck from the record because she violated the judicial procedure and the court rules. Judge Scheindlin was absolutely correct in her assessment that stop, question and frisk was unconstitutional, there no doubts according to the constitution, the fourth amendment (unreasonable searches and seizures) and the...

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