The selected controversial topic is “Stop and Frisk” in Criminal Justice, a police action called “Terry stops,” where officers stop people who might be doing bad things and search them up and down with their hands. Stop and search is when police stop a person for a quick, non-invasive check of someone they suspect. The Fourth Amendment says that before stopping someone, the police need a good feeling they did or may do something wrong. Assessments focus on how well it works if it is allowed by law, and the chance of targeting people based on race. The many different parts of “Stop and Frisk” make us look into what it might mean for our personal rights, fairness in society, and connections between people. This essay assesses how the police use stop and frisk and its relation to the criminal justice field. It also considers the present state of “Stop and Frisk” and the potential controversial issues while looking into the implications of “Stop and Frisk” in the criminal justice field.
The Topic’s Relation to the Criminal Justice Field
“Stop and frisk” is a police action that helps catch criminals. It involves stopping people for short moments to search them carefully if there is reason to think they might do something wrong. The 1968 Supreme Court case, Terry v. Ohio, balances stopping crime and making people safe with Fourth Amendment defenses against unnecessary searches (Swartz 2017). Supporters say it makes police work better, but opponents worry about privacy issues, possible racial bias, and trust in the community. The practice leads to constant discussions about rules, supervision, and the delicate balance between safety and personal freedoms. The changing connection between checking people and the justice system shows how police ways are growing along with looking at rights while trying to keep the peace among the public.
This subject is interesting because it reflects police work promoting law and order. They include the rights we get from the Fourth Amendment, how much choice cops have, and what happens to communities of color in our justice system for criminals. As a student who studies crime, studying and learning the rules and ways used in courts is essential. This is because they can significantly change people’s lives linked with this system. Also, as someone from a small group, it is best to understand that the stop-and-search rule might affect those with backgrounds that get little attention.
In the case of Terry v. Ohio, heard by the Supreme Court in 1968, they decided that a police officer can stop people for only a bit and check if there is good reason to think they might be doing something wrong (Swartz 2017). This case started the way we now know as “stop and frisk.” It was meant to give police more freedom in their battle against crime, mainly regarding what weapons could be with suspects. Terry v. Ohio is a famous case about “stop and frisk.” It’s where the Fourth Amendment tries to protect people from police misbehaving without good reason while also saying that officers need to check if something terrible might happen before it does. But things turned out differently than planned. But for the last few decades since Terry’s decision, people have discussed how it has been used and its effects.
Present state of “Stop and Frisk” in the Field and the Potential Controversial Issues
Stop and search is seen as one of the most controversial police methods in the United States, according to the New York Civil Liberties Association. The New York City Police Department (NYPD) is in the middle of this argument because they have been seen doing stop-and-frisk a lot, mainly targeting black and Hispanic people. In 2011, New York City Police made more stops and searches than ever – a total of 685,724 (Suero 2015). Mostly, people who are Black or Hispanic got stopped by the police that year. Many people have argued in court that stopping and checking individuals is wrong. They say it goes against the Fourth Amendment’s promise to keep us safe from too many searches and seizures. In 2013, a prominent court judge found lots of unfair targeting based on race. He decided that the New York Police Department’s stop-and-search rules broke rights laws in America called the Constitution (Gans 2021). The decision made a significant change, one of which was there were fewer stops and searches done. Even so, talks about this act and whether it could cause discrimination based on race are still happening.
The talk about the way of “stop and frisk” is more than just asking if it is legal or related to race. The people who support it say you need this tool to fight crime. They believe it helps get illegal guns and drugs off the streets. On the other side, people who criticize argue that this method is not suitable and that only a tiny increase in finding drugs and guns happens when someone stops you from searching. Also, many studies have shown that using stop-and-frisk rules does not reduce crime rates. The “stop and frisk” practice in the Police work area continues with arguments, court issues, and changing rules. Some areas in the US have made changes as they are worried about racism, freedom issues, and whether this police action works.
A significant change is the growing examination and disapproval of stop-and-search for possibly unfairly concentrating on minority groups. This causes a tense relationship between law enforcement and those they care for, making people want police practices to change and be more open. There are still disagreements about what makes up “reasonable suspicion” and how subjective this rule is, which leads to concerns about possible bias when deciding during stops (Charbonneau 2018). Moreover, people have different views on whether stopping and searching can prevent crime. Some believe that technological tools like body cameras can also play a role, while others think the police should be directly involved in law enforcement. This realization suggests that people perceive policing and law enforcement differently. The police can include technological tools besides body cameras to ensure law and order.
In addition, continuous legal struggles keep changing the situation. Courts are still looking at whether certain stop-and-search cases were allowed by law. Talks about balancing keeping the public safe and protecting people’s rights are still happening. As the area of Law Enforcement changes, problems still need to be solved with stop-and-search techniques. These include how they affect community friendliness, chances to treat people differently because of their race unfairly, and the great need for fixing them overall, which are the main topics that many argue about. Officials, law experts, and community members work hard to find answers that deal with the real worries of police while protecting our rights. It’s essential to know about new things and studies.
Implications of “Stop and Frisk” in the Criminal Justice Field
There are also concerns that the “stop and frisk” method may lead to hostile encounters between police officers and people, negatively affect trust in policing within communities, as well as help increase charges for minor crimes. It has been noted that this practice can be a cover for racial profiling. Here, cops focus on people not because of their actions but due to race or ethnicity. People have wanted change and responsibility in New York City in the last few years when using stop and search. Many cities and states in the United States have made rules to limit or completely stop using this method. The rules made by the court in New York City have caused significant changes, like a cut of over 95% on how many people are stopped and searched (Bandes et al. 2019). However, people are still worried about the possible wrong use and bias related to this practice in areas where it is done frequently, which is especially the case.
In summary, “stop and search” is a big issue that keeps people debating criminal law. Some people think this is a wrong and unfair way. But others believe it’s essential to stop a crime from happening. The current state of this problem is constant arguments and demands for change, which is what the state of things is like. We need to look at and manage stopping and frisking better. The management is essential for people’s rights as our criminal justice system changes. It is imperative to keep studying how this practice affects communities. We also need to work on creating fair and effective law enforcement systems.
References
Bandes, S. A., Pryor, M., Kerrison, E. M., & Goff, P. A. (2019). The mismeasure of Terry stops: Assessing the psychological and emotional harms of stop and frisk to individuals and communities. Behavioral sciences & the law, 37(2), 176-194.
Charbonneau, A. K. (2018). The Law and Psychology of Suspicion and Police Decision-Making. University of California, Berkeley.
Gans, D. H. (2021). ” We Do Not Want to Be Hunted”: The Right to Be Secure and Our Constitutional Story of Race and Policing. Colum. J. Race & L., 11, 239.
Suero, W. (2015). Lessons from Floyd v. City of New York: Designing Race-Based Remedies for Equal Protection Violations in Stop & Frisk Cases. Geo. JL & Mod. Critical Race Persp., 7, 139.
Swartz, J. D. (2017). Terry v. Ohio at 50: What It Created, What It Has Meant, Is It under Attack and Is the Court Opening the Door to Police Misconduct. N. Ill. UL Rev., 38, 44.
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