...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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...Search and seizures are highly debated topics in the United States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. Discussed in this paper will be what reasonable searches, seizures and arrests are and how they are applied. Also to be discussed is whether probable cause is needed during warrantless searches and how the right to privacy is weighed. Finally, this paper will discuss how America’s borders are being protected by the Fourth Amendment, and what exceptions to the rule are necessary to protect America’s security interests. Stop-and-Frisk The definition of a “stop and frisk” is when the police temporarily detain a person and “pat down” their outer clothing if a law enforcement officer believes a suspect is armed and dangerous (Center for Public Education, 2015). For example, if a person is observed walking back and forth in front of jewelry store, meets another person around the corner from the store, and an officer observes one person handing the other person something which they put into their jacket. The officer can stop and frisk that suspect because they will have a reasonable suspicion that the suspects could be armed, and are possibly going to commit a crime. A frisk, by definition, is a type of search that requires an officer to have a lawful reason to stop and search (Center for Public Education, 2015). When an officer is going to frisk a person, it cannot be for any other reason than to look for and...
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...Racially Biased Policing Turns Fatal B.J. Johnson English 102 December 2014 This past summer on August 9th, in Ferguson Missouri, Officer Darren Wilson heard a dispatcher report of a stealing in progress. Following protocol, Officer Wilson radioed in to offer help to the officers searching for the suspects in question. Wilson’s offer wasn’t needed due to the fact that the suspects had disappeared. Moments later Wilson drove past two young black males and ordered them to move off the street. After a second look, Wilson realized one of the young men matched the description of the stealing progress. Wilson radioed for backup and in little over minute and young man lay dead at the scene. He was unarmed. That young man was Michael Brown; the 18-year-old black boy who’s shooting this past summer sparked a major controversy and raised a lot of questions about Police Shootings in the U.S. and their undeniably pattern of racial issues. Currently young black males risk of being shot by police officers is 21 times more likely greater than young white males (Staples). Due to police tactics motivated by racial profiling, racially bias news and media that enhance minority stereotypes, United States law enforcement is targeting minorities that results in Police Shootings caused by racism. After Michael Brown’s tragic death, many realized that our country had seen similar circumstances like this before. A young, unarmed, black male shot dead, taking with him, the alternative...
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...Police Corruption and court cases are very common and prevalent. A common pleas judge reversed 53 narcotic convictions Friday which is based on investigations of police in drug units (Writer, 2013). Judge Shiela Woods- Skipper overturned convictions that were based on the testimony of former Jefferey Walker who was arrested in May as part of an FBI corruption inevestigatgion (Writer, 2013). The District Attorney in the case Robin Godfrey requested the reversals in the hearing he said afterward that he was very dissappointed to drop cases involving defendants who had pleaded guilty to drug charges (Writer, 2013). Walker was arrested after he was overheard bragging on how easy it was to rob drug dealers. Agents have said that Walker was assigned to the narcotics unit since 1999 and that he plotted with a government informant to rob drug dealers (Writer, 2013). What he wasn’t aware of is that FBI agents had been listening in on what he was doing (Writer, 2013). In one theft Walker planted drugs in a volkswagon Jetta and arrested the suspect (Writer, 2013). Walker and the informant then entered the drug dealer’s house and took $15,000 according to federal charges. Walker’s next federal case was scheduled for November. 20, at Friday’s hearing more than 70 convictions involving Walker had been scheduled for dismissal (Writer, 2013). I think that most of us know about the blue wall of silence that police use to protect themselves, and co-workers. U.S. attorney Howard Klien...
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...Terror This paper will talk about the right of habeas corpus in the context of the war on terror. I will explain the historical evolution of habeas corpus as well as explain of its evolution within the American tradition and will include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. I will provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present. Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants. I will be evaluating a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media; 1.)The role of the President as Commander-in-Chief, 2.) The role of Congress in determining when habeas corpus can be suspended, 3.) The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and 4.) The last topic will include my evaluation and personal philosophy, values or ideology about the balance between civil liberties and national security in the context of an unending war on terror. Habeas Corpus originated June 15, 1215 it was expressed in the Magna Charta and forced on the then King John to stop the unlawful...
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...Shawnta Morris CJE 101-01 Research Paper October1, 2013 Racial Profiling and the Effects it has on Blacks in the Criminal Justice System. Some people wonder what is racial profiling. Racial profiling deals with miss-education, slavery, 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...
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...“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 trait. No one...
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...Research Paper “Are you aware your daughter is with two black men?” This is what Houston cops asked Oklahoma parents when they called concerning the white couple’s teenage daughter. Thirteen-year-old Landry Thompson, a dancer, had been in Houston to film a hip-hop video. She was accompanied by her dance instructor and dance partner, two black men in their twenties. Convinced she was a runaway, officials took Thompson to child protective services and arrested the men. Thompson’s mother replied to the question with a simple “Yes, I’m aware of that” and officials later learned the men had a notarized letter from the parents stating they had guardianship over Thompson for the time being. The men are “close family friends that we trust explicitly with our children,” Thompson’s mother said. “They just happen to be black.” It seems officers have yet to adopt the old saying “don’t judge a book by its cover” into their line of work. Many people favor a type of policing system which allows cops wide authority to get up close and personal with people they deem “suspicious,” as in the example above. A lot of the supporters just so happen to be white, but there are also may supporters who are residents of the “urban” areas who believe their community is in need of this type of monitoring. Does that make “order-maintenance” policing any less problematic? When there are people from both sides at hand in favor of it, does that mean we disregard the underlying flaws, allowing racial profiling...
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...This paper that I am going to write will give you a bit of insight on our recent and future trends as well as contemporary issues that affect our criminal justice system. There is a saying as time change so does people change. And when they do so does all that was brought with them from the past making what we recently see and understand a blueprint for our future. This is done with all people, places and things. In the age of information which we recently live in there are many technologies that many would have thought would be impossible in this day, time and age. Especially when it comes to the way our criminal justice system has the ability to solve crimes much faster than it did in the past through the most powerful tool used today DNA. This is what gave the criminal justice a big break at even the hardest cases that was unsolved for years. Modern technology has given the criminal justice system as well as our society a bonded connection by producing technology that keeps our neighborhoods safe from murders, rapist, thieves etc. Not only has technology given our society security as assurance of safety it also seems like nowadays it has opened up a better level of communication between communities and law enforcement. This does not mean that technology and the police are 100% better than they were before technology it simply means that there are better ways to approach any and every situation to make sure our citizens are treated fairly as well as our law enforcement...
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...Should the Legal requirements for obtaining a Search Warrant be changed? By: Leonard Douzart CRJU 3402 Valdosta State University Outline I. Introduction II. Main Body a) My background study on the legal requirements b) My proof of opinion on why it should be changed c) Comparisons from different people of why it should be changed d) The latest research of a warrant e) Factors influencing the decision of the legal requirements of why obtaining a search warrant should be changed III. Supporting Facts a) Data analysis b) Comparisons between why it should and shouldn’t be changed c) Research towards the legal requirements of search warrants IV. Conclusion a) An analytical summary of what my reasoning and fact is of obtaining a search warrant and should it be changed b) My thesis reworded to state the final paper Thesis Statement In this thesis statement we are going to explore the reasoning, should the legal requirements of obtaining a search warrant be changed. This is going to show you how it is all designed and many different examples of why it should be changed along with different cases that proves why it should be changed. The passage is going to demonstrate many sources and legal forms that result to this topic of study of why search warrants should be changed in this type of matter because to some citizens this seems to be a problem when going against their own rights. The most important...
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...The first challenge most teachers do not appreciate the fact that their culture is not necessary the right approach to situations or even lives. They will endeavor to conform the students or children to their own beliefs, which will inturn the students in a rebellious classroom, full on insuborination and indiscipline. The main perspective article explains by Southern Poverty Law Center in reference to a quote by one high school student which the student quoted by expressing his disappointment of the teacher at his school “think they know what’s wrong with us. But they don’t know. If people want to helpus, they have to see what we’ve been through, not from what their own experiences tell them” (Southern Povery Law Center, 2014). In this paper it says that many schools in the United States that the teaching staff are all middle aged, middle class, and monolingual and that they intend to represent or teach highly diversified culturally. To bring this main point out, the article appeals to teachers, to “reach out to them in ways that are culturally and linguistically responsive and appropriate, and we must examine the cultural assumptions and stereotype we bring into the classroom that may hinder interconnectedness” (Southern Povery Law Center, 2014) In fact Goldstein (2012) agrees that the culture poses a...
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...Tyler Boles Annotated Bibliography Daly 9:00-9:50 Authority figures Bullies or Buddies: Brutality from authority figures to immigrants This newspaper article that I found online, written by Daniel Shoer Roth of the Miami Herald newspaper, shows his research on the subject of police brutality towards immigrants/refugees. it also shows some of his personal outlooks on the topic along with some views of some of the citizens in Miami that he interviewed. he talks on a national and local level about , biased policing, unconstitutional searches and seizures and the use of excessive force when dealing with ethnic groups. many cases have been documented in Miami-Dade County in which DEA agents and local police officers have arrested U.S. citizens with foreign last names to interrogate them about their citizenship. Foreigners are required to carry immigration papers, green cards, at all times. But natural born U.S. citizens are not required to carry papers proving citizenship. local police departments deny having policies that encourage the harassment of immigrants, but these attacks show how law-enforcement policies are not entirely respected by the officers. The enforcement program, Secure Communities, is sometimes considered a useless tool in bringing out dangerous foreign criminals, also gives full power to criminals and gives them power to commit abuse against our community. It also endangers any legal American who may be a victim of a crime witnessed by an immigrant/refugee...
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...From Arrest To Adjudication American International University CRSJ101 10/21/2012 Katisha Howard Abstract There are different types of search warrants. In this presentation I will talk about the different types of search warrants. Also I will discuss the process of the search warrant how it is sought and issued. I also will talk about what is probable cause. As well as the standards that is met by probable cause. A search warrant is a court order that allows a law enforcement agency to search your home, car, or the office for evidence. It must state what they are allowed to search in home, car and so forth on and what they are looking for according to http://answers.ask.com/reference/other/what_is_a_search. To get a search warrant the officer must persuade a judge that they have probable cause to believe they will find evidence of criminal activity in the placed to be search. The officer do this through an affidavit, which is an oral or written statement made under oath according to the link http://www.streetlaw.org/en/page/340/search_warrants_what_Are_They_and_How_Do_They_Work. In the report the officer only identify the placed to be search and items that are to be seized. If a judge believes the officer provided probable cause, the judge will then issue the search warrant. If the judge does not believe the officer provided probable cause the warrant will not be issued. The following link has an example of a case where a search was conducted http://sandarose.com/2012/05...
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...practices that solves crime and develop prevention strategioes against crime. While, racial profiling is the new term for profiling. The change is partially because of the ambiguity that racial profiling has some confusions and controversories. The term racial profiling best decribes the situation where police arrests, questions or stops the person on the basis of race (Cleary 5). In regards to the racial profiling, the concern about it is erupting in the entire nation (Harcourt 18). Racial profiling is considered as the use of the individual’s ethnicity and race through the law enforcement personnel. In many of the jurisdiction, the practice of such acts is considered as illegal and controversial. United States have decided to work on the issues related to the racial profiling, that how the ethnicity and race play a part in order to stop the injustice through the law enforcement in relevance to their jurisdictions (Welch 282). The term racial profiling is defined as the discrimination on the basis of the stereotypes (Harcourt 31). The racial profiling is explained in various ways, it has been used in almost every law enforcement agency. The paper aims to discuss the issue of racial profiling and why people dislike police. Racial Profiling...
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...When I think of violators of Human Rights, one entity comes to mind and that entity is the New York Police Department. For far too long, the New York Police Department has continuously been accused of using excessive and abusive force to achieve arrests. Unfortunately, it doesn’t matter to the officers whether these people are guilty or not. In the United States Constitution, it reads, “innocent until proven guilty” but according to the New York Police Department these people are “guilty until proven innocent.” This happens in the smallest and largest of situations, from a simple traffic stop to the arrest of a so called “lifelong” criminal. In this paper, through specific examples of the New York Police Department’s infringement upon the public’s basic human rights, I will prove not only is the New York Police Department in violation of United States law, but international law as well; specifically the Convention against Torture. I will also explain why it is vital to the safety of all New Yorker’s that these power hungry parasites be stopped! From a very young age we all are brought up with the façade that all police officers, not just the NYPD, are there to “serve” and “protect” the public. For example, parents teach their children that when they are in trouble or they are scared, to try and find a police officer to help them. On television when children do this the police officers seem to be cordial and willing to help. In the real world, this is not the case. To the...
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