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Broken window theory strengths and weaknesses
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Broken window theory strengths and weaknesses
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3.The stop and frisk strategy, or in other places known as the Terry Stop, in New York is a practice of the New York Police Department. The officers would stop and question a person that happens to be walking on the street. They were frisked for weapons and contraband. The frisking of the person includes a pat down of the outside of the individuals clothing. If any concealed weapons were found during the frisk the officer was allowed to seize the weapon and proceed with an arrest. If the officer did not find any concealed weapons or contraband on the person, they were free to be released.The rules are based on the Supreme Court's decision in the Terry v. Ohio. The stops were conducted based on reasonable suspicion. That defines the difference …show more content…
The good judgement of an officer would determine the need for a stop and frisk. In Terry v. Ohio Officer McFadden did mentioned that his reason for even conducting a stop was due to his" 35 years of experience as an officer and detective".(Terry v. Ohio,1968). Due to the criminal activity that happens in New York The Broken Windows Theory became a concern to the police department. The Broken Windows Theory was the effect of an disorder in a neighborhood. The intentions of the NYPD were to stop people that were in the high crime parts of the city and frisk them for concealed weapons or contraband. The whole purpose of the strategy is to remove the substances and guns off the streets. They wanted to fix the Broken Windows Theory before things escalated. What then began to happen was the people in these high crime target areas that were being stopped turned out to be only people of color. For people of color this raised a concern. The case Floyd vs. New York was formed after a judge found that the NYPD was responsible for the pattern of racial profiling and proceeding with unconstitutional stop and frisks. This
The Stop and Frisk program, set by Terry vs. Ohio, is presently executed by the New York Police Department and it grant police officers the ability to stop a person, ask them question and frisk if necessary. The ruling has been a NYPD instrument for a long time. However, recently it has produced a lot of controversy regarding the exasperating rate in which minorities, who regularly fell under assault and irritated by the police. The Stop, Question and Frisk ruling should be implemented correctly by following Terry’s vs. Ohio guidelines which include: reasonable suspicion that a crime is about to be committed, identify himself as a police officer, and make reasonable inquires.
In the case of Illinois vs. Wardlow, many factors contributed to Wardlow’s arrest. Starting with the facts of the case, on September 9, 1995 Sam Wardlow fled after seeing police vehicles covering an area in Chicago where it was known to have high drug trafficking. Two police officers spotted Wardlow, Officers Nolan and Officer Harvey, and once Officer Nolan caught up with Mr. Wardlow, Officer Nolan proceeded to conduct a pat-down search of only the outer layer of clothing, or a “Terry Stop.” Officer Nolan was well aware that in this area, there was almost always a weapon on a suspect that was involved with some type of drug transaction. After conducting the frisk, Officer Nolan squeezed the opaque colored bag that Mr. Wardlow was carrying. He noticed that the object inside of the bag felt like a hard and heavy object which he believed could potentially be a gun. After looking inside the bag, Officer Nolan found a weapon inside, a .38 caliber handgun to be exact. On the spot, Officer Nolan and Officer Harvey arrested Mr. Wardlow.
Some issues with stop and frisk in some parts of New York they have to have practice of stop and frisk and there are some people have issues about it because they are ignoring the people's right of the
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.
First, studies have to show how the officers apply the procedure of stop-and-frisk second, it should describe how the Fourth Amendment ties with how the police officer performs it. As further research has passed, the authors have seen some articles of steps on how stop-and-frisk being done. “Officers should conduct stops only when they are justified.” By this standard, officers should be required to file a report explaining the reason and context surrounding the stop, along with the ultimate outcome (arrest, weapons or drug confiscation, etc.). Police leaders, commanders, and managers should communicate a clear, uniform message about the purpose of the practice and lay out the expectations for police conduct. Officers should be trained to conduct stops legally and respectfully. In essence, they need to “sell the stop” to citizens by explaining the purpose behind it, how it links to the agency’s crime control efforts, and why it benefits the
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).
“From 2005 to mid-2008, approximately eighty percent of total stops made were of Blacks and Latinos, who comprise twenty-five percent and twenty-eight percent of New York City’s total population, respectively. During this same time period, only about ten percent of stops were of Whites, who comprise forty-four percent of the city’s population” (“Restoring a National Consensus”). Ray Kelly, appointed Police Commissioner by Mayor Michael Bloomberg, of New York in 2013, has not only accepted stop-and-frisk, a program that allows law enforcers to stop individuals and search them, but has multiplied its use. Kelly argued that New Yorkers of color, who have been unevenly targeted un...
Kelling designed broken window policing to have police officers foot patrol the neighborhoods and have them build relationships with residents. He ideally wanted an assigned cop to become familiar with the people in the neighborhood, and build relations to be able to point out suspicious activity. For this to happen, there needs to be an abundance of police officers in order to be able to walk around neighborhoods all day, and still have enough officers attend emergencies. Which in a crowded city like New York, it is almost impossible to do. Even then, when this idea was implemented in Newark, New Jersey crime did not decrease. Although residents of Newark felt safer having cops foot patrol around their neighborhood, the policy did not have a positive effect on the purpose for which the policy was created. This idea, of the foot patrol officers was not implemented into the practice of the theory in New York. Most cops use cars and an excess amount of force when arresting. Police officers have shot and killed 395 people since the beginning of this year. (Charles M. Blow) Instead, police officers have transmitted fear to
The issue of stop and search is considered to be an extremely controversial area. There is significant debate on the legitimacy and the accountability of police powers when conducting stop and search, which has led to concerns about the effectiveness of policing. Reiner (2000: 80) has stated that policing is ‘beyond legitimation’ as a result of consistent complaints concerning the abuse of police powers within stop and search. The cause for concern is not only raised by the public, or other agencies, but is now recognised by senior British police officers (Ainsworth, 2002: 28). The cause of concern has been raised through complaints that police target ethnic minorities through stop and search and public opinion, that stop and search is a form police harassment of black individuals (Home Office, 19897). It is said that this is a causal factor of the disproportionate in policing (Delsol and Shiner, 2006). Throughout this essay the effectiveness and legitimacy of stop and search and the negative relationship it has built with the public will be critically discussed.
One discriminating practice used by police officers is racial profiling. This is the police practice of stopping, questioning, and searching potential criminal suspects in vehicles or on the street based solely on their racial appearance (Human Rights Watch, 2000). This type of profiling has contributed to racially disproportionate drug arrests, as well as, arrests for other crimes. It makes sense that the more individuals police stop, question and search, the more people they will find with reason for arrest. So, if the majority of these types of stop and frisk searches are done on a certain race then it makes sense that tha...
Over the past centuries, Black community in Toronto have encountered and persisted violence and discriminations in many different ways. Racial profiling and carding are the two major roots of police brutality. Police officers often have biased perceptions and negative feelings about certain races. Carding can be defined as random police checks that target young African-Canadian men. Police might detain a driver for driving a specific type of vehicle or driving in certain areas that they have assumptions about. “This practice was a systematic violation of the rights of people in our communities, especially of racialized youth” (CBC ABC National, June 1, 2015). Carding results in police abusing their power which leads to assaults, shootings and death. However, police have said
Justice Brennan ruled that the protective sweep went beyond the Terry v Ohio decision because Officer McFadden exercises all the exclusionary rule that was in his guideline to do. Officer McFadden used his observation and intuition to acknowledge that there was something usually going on between the men as they cross street to street and converse. However, Officer McFadden had probable cause to believe that these individuals maybe armed and dangerous. Therefore, this officer felt that it was imperative for him to protect himself and other civilian by taken a swift measure. I felt he made the correct decision to identify himself the three gentlemen and frisk search them of any items that may be considered as a weapon. Nevertheless, in the process,
Even before the stop are made (add comma after made?) cops watch possible suspects of any suspicious activity even without any legal right. “Plainclothes officers known as “rakers” were dispatched into ethnic communities, where they eavesdropped on conversations and wrote daily reports on what they heard, often without any allegation of criminal wrong doing.” (NYPD Racial Profiling 1) This quote explains how even before a citizen is officially stopped by a cop, there are times when that they have already had their personal conversations assessed without their knowledge or without them having done any wrong acts. It was done, based solely on their ethnicity and social status alone. (you can add an example of what the people, who were being watched, were doing) Then (comma?) when police are out watching the streets, they proceed to stop people again simply based on racial profiling. In an article called Watching Certain People by Bob Herbert, stated that “not only are most of the people innocent but a vast majority are either black or Hispanic” (Herbert 1). Racism is happening before the suspect even gets a chance to explain themselves or be accused of any crime, and the rules of being able to do such a thing are becoming even more lenient so that police are able to perform such actions. “The rule requiring police to
As police officer you can stop someone and pat them down this is called a stop and frisk or a terry stop. But you can’t just stop and frisk anyone you want, you have to have reasonable suspicion of involvement in criminal activity. The reason this comes up as a police issue is for two reasons: