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Racial profiling and the criminal justice system
Racial profiling law enforcement
The fourth amendment violation
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Reasonable suspicion constitutes a stop by police. According to our textbook, the Fourth Amendment protects us from unreasonable searches and seizures, which is why is it important for police to justly stop a person (p. 17). The exclusionary rule states that any evidence obtained from improper police work, like an unwarranted stop, is not allowed in court. A Terry Stop only requires reasonable suspicion that the person was involved in criminal activity. Reasonable suspicion, according to our textbook, is defined as “less than probable cause, but more than a hunch or mere suspicion” (Gardner & Anderson p. 348). An arrest, however, requires probable cause (Gardner & Anderson p. 5). Probable cause, or “reasonable grounds to believe” is the knowledge …show more content…
that a crime has taken place and that this specific person probably committed said crime. According to the given summary, criminal profiling is when a police officer using their “training, expertise, knowledge, skill, and observation” to investigate criminal conduct.
It helps develop a picture or description of what the suspect looks or acts like (Winerman p. 1). This type of methodology can help police find criminals faster. By eliminating criminal profiling, it would make the police’s job harder because they wouldn’t be able to use their knowledge from the scene and apply it to their suspect. Eliminating racial profiling is a very good idea. It would make police’s jobs easier because they would be more respected, and people would probably be less violent and more willing to cooperate. After reading the provided summary, I believe that policing should be opened up to the private security model. There are more advancements and a lot more resources, including money, available to them. I think only positive things could come from applying the private security model to police work. However, officers should still have strict requirements and training like in public policing. The main concern should always be the public’s well-being and that could be done more effectively with more resources offered by the private security
model. I would slightly change the criminal procedure laws because they were put into place to protect our freedoms and liberties as stated in the U.S. Constitution and our Amendments. It is a good thing that these procedures are strict and are required to be followed by law enforcement. Law enforcement should always make sure the defendant is aware of their rights, and also that their rights are being upheld. These laws help police do their jobs correctly. At times, our rights are not always being followed to the extent they should be. I think that trials should be faster if possible, because that is one of our rights under the Sixth Amendment. Sometimes it takes a long time for a case to reach the court, which is wrong and unfair in my opinion. Evidence should be handled in certain ways to maintain its validity, which is done currently. Having these procedure laws in place ensures people are being treated fairly, and tht their rights as stated in the U.S. Constitution and our Fourth, Fifth, Sixth Amendments are being adhered to. Criminal profiling is a pro in my opinion because it helps police use their knowledge of the crime scene to get as much information as possible about the suspect, including a psychological profile based on their behavior. A recent example is with the Tucson shootings from 2011, however it was unsuccessful in this case. Since it is sometimes unsuccessful, that could be considered a con. Criminal profiling is considered more of an “art” than a science, but it is generally useful to apply knowledge of psychology into police work (Winerman p. 2). Criminal profiling and racial profiling are similar in that both are done by police in order to find criminals. Some examples of the many recent racial profiling include Eric Garner, Michael Brown, and also issues with Muslims. Racial profiling is police misconduct, illegal, often causes brutality and violence, and should be stopped. In my opinion there are no pros to racial profiling.
At the time of trial, Mr. Wardlow tried to suppress the handgun as evidence due to the fact that he believed the gun had been seized under an unlawful stop and frisk that violated his Fourth Amendment rights. The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a showing of probable cause in order to obtain a warrant before conducting such searches. “In a trial motion to suppress the gun, Wardlow claimed that in order to stop an individual, short of actually arresting the person, police first had to point to ‘specific reasonable inferences’ why the stop was necessary.”(Oyez, 2000) Recognizing that an investigati...
Reasonable Suspicion is a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable su...
First of all, racial profiling is unfair to its victims . Racial profiling is seen through the police in “Hounding the Innocent”, which is unfair since a person shouldn’t be pulled over more because of their race and that many of these stops have little to no connection to an actual crime. “Young black and Hispanic males are being stopped, frisked, and harassed in breathtaking numbers” (Herbert, 29) This is unfair to all victims of racial
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
Opponents will argue that racial profiling is based on suspicious behavior and not on race. They feel as though racial profiling can potentially stop certain crimes befor...
The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that “any evidence obtained by police using methods that violate a person’s constitutional rights be excluded from use in a criminal prosecution against that person” (Ferdico, Fradella, and Totten, 2009). Before this rule, under common law, evidence was acknowledged in court as long as it satisfied evidentiary criteria for admissibility such as relevance and trustworthiness. Any evidence meeting these principles was admitted because it was considered to be helping to achieve justice. Under common law, evidence that was attained by illegal searches and seizures was allowed (Tinsley & Kinsella, 2003). During this period, the protections of the Fourth Amendment were unfilled words to persons condemned until 1914 in the case of Weeks v. United States.
Stop and Frisk is a procedure put into use by the New York Police Department that allows an officer to stop and search a “suspicious character” if they consider her or him to be. The NYPD don’t need a warrant, or see you commit a crime. Officers solely need to regard you as “suspicious” to violate your fourth amendment rights without consequences. Since its Beginning, New York City’s stop and frisk program has brought in much controversy originating from the excessive rate of arrest. While the argument that Stop and Frisk violates an individual’s fourth amendment rights of protection from unreasonable search and seizure could definitely be said, that argument it’s similar to the argument of discrimination. An unfair number of Hispanics and
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
Law enforcement officers need a reason to stop you. Remember, it cannot be just a hunch the police officer had. Their action has to be backed up with facts that led him to believe you, or someone else had committed a crime. Like the Supreme Court cases we went over, all dealt with reasonable suspicion in some way. Reasonable suspicion is the standard police officers need to stop and frisk someone. They will need probable cause, a higher standard, to search and arrest a person. Remember, officers need reasonable suspicion to stop, question, and
Before any argument can be made against racial profiling, it is important to understand what racial profiling is. The American Civil Liberties Union, defines racial profiling as "the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual's race, ethnicity, religion or national origin"(Racial Profiling: Definition). Using this definition we can determine that racial profiling excludes any evidence of wrong-doing and relies solely on the characteristics listed above. We can also see that racial profiling is different from criminal profiling, which uses evidence of wrong-doing and facts which can include information obtained from outside sources and evidence gathered from investigation. Based on these definitions, I will show that racial profiling is unfair and ineffective because it relies on stereotyping, encourages discrimination, and in many cases can be circumvented.
A vast majority of states in the US have laws that allow police officers to stop and frisk an individual. This procedure is allowed on the basis of reasonable suspicion, where as an arrest requires probable cause. If reasonable suspicion is not displayed then it is not a valid justifiable stop and frisk. Reasonable suspicion can be established with information that is different in quantity or content from that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable that that required to show probable cause. It must be grounded on specific facts and logical conclusions based on the officer’s experience.
The criminal investigation process is able to achieve justice to a great to a great extent. They are effective in achieving justice, as they are able to balance the rights of the victim, offenders and society and also provide fair and just outcomes. For these reasons, the criminal investigation process is largely able to achieve justice.