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Analysis of the Stop and Frisk Policy in New York

Info: 2341 words (9 pages) Essay
Published: 8th Feb 2020 in Criminology

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Introduction

 The New York Police Department’s arrangement of stop and search is a dubious program which is scorned by rivals on the premise that it disparity affects minorities. The fundamental methodology of stop and search included cops arbitrarily ceasing and searching people in the city for weapons. The reason for the stop – per stop and search approach – is that it depends on the cop’s entitlement to seek on the premise of sensible doubt. This depends on a Supreme Court choice, Terry v Ohio, which built up the legitimate point of reference that officers have the privilege to stop and search people when that officer has recognized suspicious conduct (Terry v Ohio). “Stop and search” is likewise referred to legitimately as a “Terry stop” considering this case.

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 While the strategy of stop and search has its rivals, defenders indicate the decrease in vicious wrongdoing that happened after the approach was executed. The approach is credited with effectively distinguishing and keeping people who were in reality possessing illicit weapons. It is difficult to contend that the lessening in the quantity of people with illicit weapons did not add to a decrease in brutal wrongdoing. Be that as it may, adversaries indicate the way that minorities are overwhelmingly more prone to be focused by cops, which is proof of racial predisposition and unique effect. Consequently, defenders call attention to that minorities basically oversee an unbalanced measure of wrongdoing, so the lopsided measure of stops experienced by minorities is just proportionate to the larger amount of rough wrongdoing saw in these gatherings. This paper will analyze the reason for stop and search in broken windows policing, contending that it is a characteristic augmentation of the approach and, since broken windows policing is proven to work, then the stop and search arrangement should likewise add to the lessening of rough wrongdoing. At that point we will inspect the legitimateness and defend ability of stop and search, endeavoring to decide if the reason for stops concurs with the purpose as expressed in Terry v Ohio. Past this, we will go ahead to inspect the cases of unique effect notwithstanding the cases of advocates that the higher occurrence of Terry stops experienced by minorities is just proportionate to the more elevated amount of rough saw in these gatherings. At long last, this paper will contend that the confirmation substantiates the viability of stop and search as an arrangement, and that this strategy could be effectively sent out to other metropolitan zones that experience comparable issues with fierce wrongdoing.

 

Broken Windows Policing

 Stop and search is an expansion of a law implementation procedure known as “broken windows policing.” The essential thought of broken windows is that lawbreakers will watch signs in the condition that show the relative reasonability of wrongdoing around there. Offenders are probably going to relate certain signs, for example, broken windows that have not been settled and different indications of mutual debasement with the more noteworthy pass ability of wrongdoing. Accordingly, to discourage wrongdoing requires cops to entirely implement low level wrongdoing keeping in mind the end goal to keep groups from having the signs that crooks translate as more noteworthy resistance for wrongdoing. These low-level law implementation systems include capturing people for minor violations and offenses, for example, ownership of cannabis. With the disposal of signs that wrongdoing will be endured in a group, wrongdoing will subsequently be diminished around there as culprits see a lesser resistance for wrongdoing in that group.              To measure the effectiveness of broken windows policing we must keep in mind the intended goals of the strategy. The intent is to reduce the incidence of serious, violent crime by reducing the incidence of low level crimes that create an environment of permissibility (Xu, Fiedler, & Flaming 2005). While there is a reasonable link between minor crime and serious crime, empirical evidence is unable to verify whether broken windows policing is effective (Harcourt & Ludwig 2006). This does not denounce the methodology, as it is hard to separate the impacts of the system among the various factors that could influence the occurrence of minor and genuine wrongdoing. All things considered, among inhabitants whose groups were vigorously affected by broken windows policing, there is the subjective observation that it has enhanced the general wellbeing and security of their groups (Xu, Fiedler, and Flaming 2005). This recommends an unmistakable need to keep concentrate the impact of this system in the meantime there is adequate and suitable confirmation to legitimize law authorization to keep utilizing this procedure.

Stop and Frisk as Extension of Broken Windows

 Stop and frisk as practiced by the NYPD is an extension of the broken windows theory of policing. Under the broken windows theory, curtailing minor crime indirectly curtails major crime. As such, it is legitimate for the NYPD to consider individuals in New York City who are carrying a firearm illegally to be examples of low level crime that could be targeted to reduce the incidence of violent crime. This legal action by the NYPD is perfectly constitutional and forms a legitimate program to implement broken windows policing (Meares 2015).

 Stop and frisk empowers the NYPD to stop people strolling in the city with a specific end goal to look them for weapons. They utilize sensible doubt, as characterized by Terry v Ohio (1967) as the lawful defense for halting and looking these people. Something else, typically natives have the privilege not to be sought. The stop and search program by configuration widens the meaning of “sensible doubt” so cops are enabled to stop people freely. On this premise and the aggregating background of the NYPD, we can watch designs rise in who is getting halted and who is being captured for illicitly conveying a gun. Rivals to stop and search indicate the unique effect of the approach, in which minorities are significantly more inclined to really be ceased contrasted with whites and Jews. Then again, there are analysts contending that the different effect is splendidly legitimized because of the higher rate of wrongdoing saw in these gatherings which makes a certainly larger amount of doubt because of affiliation (Gelman, Fagan, and Kiss 2012). As such, the stop and search program welcomes racial profiling which could posture protected issues with the proceeding with usage of stop and search.

Constitutionality of Stop and Frisk

 The case of Terry v Ohio (1967) builds up the lawful point of reference for cops to stop and search people on the premise of sensible doubt. In the first case, Terry was a person who was halted by an officer and captured after an illicit gun was found on his individual. He tested the courts, contending that his capture was unlawful in light of the fact that the officer did not have the privilege to stop him. The court overruled his contention, managing the privilege of officers to stop subjects on the premise of sensible doubt. This case gives the established cover to a program like stop and search, which is the amplified utilization of “Terry stops.”

 As such, the stop and frisk program can be constitutionally justified on the basis of this precedent. In stop and frisk the police officer is technically exercising his right to stop individuals on the basis of reasonable suspicion. There is a lot of leeway in what counts as “reasonable suspicion,” and this “reasonable suspicion” is also the element which might contain the behavior of racial profiling. With a specific end goal to challenge the protected value of the program, it would should be built up that the program essentially prompts a unique effect on minorities, and that this different effect is disproportional to the genuine frequency of brutal wrongdoing saw in these gatherings (Gelman, Fagan, and Kiss, 2012). Accordingly, we ought to assess these cases, as they would seem, by all accounts, to be the most generous test to the program.

Claims of Disparate Impact

 Stop and frisk relies on upon cops shaping sensible doubt about the unlawful exercises of people under observation, which presents subjective components that may shading how the individual cop assesses the activities of others. This can without much of a stretch prompt racial profiling and divergent effect, and examination of who is getting ceased and what related reasons are given by officers to the stop uncovers that different effect is surely occurring. In the classification of stops related with savage and property wrongdoing, blacks and Hispanics were around 10 times more inclined to be ceased (Gelman, Fagan, and Kiss 2012). One of the components of sensible doubt utilized by cops is information about as of late carried out violations, which gives foundation learning to framing doubt about specific people that may have perpetrated the wrongdoing, and this is the reason the affiliations are shown with each stop.

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 As a result of the racial profiling watched might be a reaction by cops really working in conditions including wrongdoing. Cops would watch that colored people are significantly more prone to be the culprits of rough wrongdoing, and would along these lines frame an affiliation suggesting the more noteworthy probability that a colored individuals has carried out any given wrongdoing or crime with an affiliation which would be liable to refreshing on the premise of new data. However, this is a judgment in view of fragmented data, and officers are required to work under the state of inadequate data constantly. When we watch the real frequency of brutal wrongdoing among these gatherings, we watch that the generally more noteworthy rates of carrying out these sorts of violations are precisely reflected in the different racial occurrence of stops (FBI 2012). In the event that anything, the way that stop and search has a tendency to have a dissimilar effect – a unique effect which contrarily impacts lawbreakers – proposes some viability to the program, as it has a tendency to accurately recognize and distinguish culprits of low level wrongdoing, along these lines keeping up the more extensive strategy of broken windows policing. Seen in this light, effect on minorities is shallow while there is an unmistakable impact on lessening the frequency of low level wrongdoing.

Effectiveness of Stop and Frisk

 Although stop and frisk is constitutional, as a law enforcement program there is indeterminate evidence as to its effectiveness (Harcourt & Ludwig 2006). As such, there is a need for continued study and the gathering of data that could be used to detect the efficacy of the program in reducing the incidence of violent and property crime. Claims that the program is ineffective are unfounded and require further documentation to substantiate their claims. At this point it is worth law enforcement agencies pursuing multiple strategies in order to help us understand what law enforcement techniques are most effective and have the greatest impact in reducing crime.

 

Conclusion

The stop and search program is protected and legitimately reasonable, in spite of the fact that it stays undetermined as to its entire impacts. More broad reviews of the program and its utilization in various urban communities will be required all together for the impacts to be watched and segregated. At present, guarantees that the program is illegal because of a different effect on minorities don’t pass the marshal required to substantiate a genuine body of evidence against the program, in light of the fact that the divergent effect mirrors the rates of brutal wrongdoing saw in those gatherings. Sensible doubt as a reason for cops to stop people gives a great deal of space to understanding, and without a doubt that implies racial profiling has created among the NYPD at the same time, then again, we have the way to distinguish whether racial profiling is prompting flawed judgments among the officers.

References

  • FBI: UCR. Arrests by Race, 2012. https://ucr.fbi.gov/crime-in- the-u.s/2012/crime-in-the-u.s.-2012/tables/43tabledatadecoverviewpdf
  • Gelman, A., Fagan, J., & Kiss, A. (2012). An analysis of the New York City police department’s “stop-and- frisk” policy in the context of claims of racial bias. Journal of the American Statistical Association.
  • Harcourt, B. E., & Ludwig, J. (2006). Broken windows: New evidence from New York City and a five-city social experiment. The University of Chicago Law Review, 271-320.
  • Meares, T. L. (2015). Programming errors: Understanding the constitutionality of stop-and- frisk as a program, not an incident. The University of Chicago Law Review, 159-179.
  • Terry v Ohio, 1967. https://www.law.cornell.edu/supremecourt/text/392/1
  • Xu, Y., Fiedler, M. L., & Flaming, K. H. (2005). Discovering the impact of community policing: The broken windows thesis, collective efficacy, and citizens’ judgment. Journal of Research in crime and Delinquency, 42(2), 147-186.

 

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