Name: Terry v. Ohio 392 US1 Supreme Court 1968 Facts: The incident occurred on October 31st 1963 at approximately 2:30pm in the afternoon. The police officer who was dressed in plain clothes was attracted by Terry and Chilton who were casing a store. With 30 years of prior experience in the area. The officer knew casing when he saw it. He had been assigned to that area specifically in search for shoplifters and pick pockets.
Terry v. Ohio was not much of a controversial case to many but I believe that John Terry had been wrongly accused and his right were protected by the 4th amendment that mentions unreasonable search and seizure. In 1968 detective Mcfadden had been observing 3 men that he believed were involved in robbing a bank. He proceeded to stop the men and pat them down (already violating the men's rights protected in the 4th amendment). Terry was one of the two men that was found with a concealed carry. The justices voted on the case 8-1 in the favor of the state of Ohio.
The 1989 case of Graham v. Connor follows the story of Dethorne Graham, and his interaction with a City of Charlotte police officer, M.S. Connor, and how the actions taken by Connor on the day in question had violated the fourteenth amendment’s due process and equal protection clauses. While police presence and involvement in our communities is vital to the success of a community, the infringement of an individual's rights based upon presumption without reason stands to be an incredible threat to liberty. Connor’s use of excessive force in the detainment of Graham. This case is a strong one for the reform of police protocol, as well as for the protocol for excessive force, and the reasonable person standard. The decision of this case is attributed
In his essay “Arrested Development: The Conservative Case Against Racial Profiling” published in the New Republic on September 10, 2001, professor James Forman Jr. illustrates his disagreement with racial profiling. Forman Jr. is a professor at Yale Law School. He teaches Constitutional Law and seminars on race and the criminal justice system. In his piece, Forman primary goal is to create understanding about the effectiveness of racial profiling and how this affects the black community especially youths. Forman achieves this by appealing to a liberal audience.
The Consequences of Disparate Policing: Evaluating Stop and Frisk as a Modality of Urban Policing. Minnesota Law Review, 101(6),
Racial profiling is one of the bigger threats to the human society. It has led to numerous acts of violence. In recent times racial profiling led to the arrests of innocent individuals amongst other things. Black people and Hispanics have always been victims to this type of harassment by law enforcement officials. When suspects are detained based off of suspicious behavior, rather than race, police officers catch more suspects.
In Douglas’s argument he points out a large oversight of the rest of the court concerning probable cause. The officer in question did not have probable cause to assume that the men he stopped and frisked were carrying weapons. Rather, this is a speculation that resulted from another speculation of the officer. The suspicion is too far removed to be considered probable cause. Additionally, Douglas recognizes that the checks and balances of our system is being diminished by the ruling of the case because it undermines the authority of the judicial
Summary Of Argument, Methods: In 1968, stop and frisk was based on strict guidelines that explained how far an officer can frisk someone according to the Fourth and Fourteenth Amendments. Behind the police officers’ stop and frisks, the strategies of broken windows policing and the zero-tolerance policy were introduced. Broken windows theory began in New York during the year of 1982, and former Mayor Giuliani of New York created zero-tolerance policy in 1997. Broken windows was a known policing strategy throughout all departments in the nation.
Annotated Bibliography: Racial Profiling This is an annotated bibliography researching the reasons for, effects of, and solutions to racial profiling by law enforcement in the United States. I am researching racial profiling and is it justified in law enforcement.
Not to mention all the undocumented people that feel oppressed by officers and scared to talk back to them with a “no”. In chapter two, the author presents a section titled Just Say No. In this section the author illustrates a time where two police officers stopped a bus to search for drugs. Police officers never warned individuals that they had the right to remain silent and, therefore, minorities were trapped and found guilty for carrying drugs. In addition, the book discusses the Florida vs Botsick case that states that people have the right to refuse answering the police.
In summary, "stop and frisk" should not be a law anymore because it does not help our community, in fact, it ruins it. The primary reason that shows why to stop and frisk ought not to exist as a law is because guiltless individuals are getting accused of unsafe individual activities. Nevertheless, people still believe that "stop and frisk" protect them and that people from different races are a danger to the society. What people are claiming is false claims because it is not proven by actual statistics. Some people still think that "stop and frisk" is a law that helps bring peace to the nations.
While advocates of stand your ground believe that it is empowering to people and is an enhancement of safety rights, critics believe that it can often be used as a racially motivated infringement on civil rights. A study of the racial and violent impacts of stand your ground at Texas A&M University found that murder increased by up to 8% in states that had adopted Stand your Ground laws. The conclusion was made that the implementation of these laws was a possible cause of increased homicide rates in these states. The increase in lethal force became seen as an inevitable effect of the stand your ground laws. Based on FBI crime statistics, it is more likely for white people’s actions to be found justifiable in the killing of a black person than it is for the case of black people killing white people.
Stop and Frisk Stop and Frisk, the tactic that has been going on for only for short time, yet there seems to be racial tension already. But is this new information actually true or is it just good policing? According to Heather Mac Donald from the Manhattan Institute, says “what looks like racial profiling might just be good policing”. However according to Ranjana Natarajan from the Washington post “it’s clear that two issues need to be addressed: racial profiling and police use of excessive force.” Unfortunately we cannot have both ways.
There has been many controversial issues about the “stop-and-frisk” law. One side believes that it is racially profiling the communities of minorities and the other side believes that it is helping communities rise away from violence. There is a lot of history and background on stop-and-frisk and how it originated in the United States, especially in different places around the world. This law has been very controversial even within the law itself, so controversial states are debating on getting rid of it completely. Many politicians speak on this tactic in both positive and negative ways and the statistical growths and decreases on this topic.
Throughout history, disputes and tensions between law enforcement officials and communities of minorities have endured hostility and violence between each other. Racial profiling has become a “hot topic” for researchers as well as for politicians and by now it is likely that most citizens are at least aware of the common accusations of racial bias pitted against law enforcement (Cochran & Warren, 2013). Communities of color are being discriminated against and racially profiled by white police officers for any suspicion of criminal activities. It has been widely assumed by policy makers and citizens alike that allegations of racial profiling are mostly associated with the policing practices of white officers and their treatment of racial and ethnic minorities (Cochran & Warren, 2013). Also, individuals of minority descent will certainly recognize that they are being racially profiled during a stop that is being conducted by a white police officer.
