Racial Profiling & Stop and Frisk Laws

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Presentation transcript:

Racial Profiling & Stop and Frisk Laws A Presentation by Killian Mullen and Justin Kahill

History of Stop and Frisk Terry vs. Ohio (1968)- establishes a legal basis for officers to stop, question and frisk citizens People vs. DeBour (1976)- establishes criteria for a legal stop LEVEL I Objective Credible Reason-- Approach to request information LEVEL II Founded Suspicion-- Common Law Right of Inquiry LEVEL III Reasonable Suspicion-- Stop and (if in Fear of Weapon), Frisk. LEVEL IV Probable Cause-- Arrest and Full Search Incident

What is the goal of Stop and Frisk? To decrease the amount of petty crimes and hopefully remove guns and drugs off the street

Who is being stopped? The overwhelming majority are minorities: specifically black or Latino “In 2012, the NYPD stopped 533,042 people, 87 percent of whom were black or Latino.” Forty-five percent of those surveyed, according to the report, encountered "an officer who threatened them, and 46 percent said they had experienced physical force at the hands of an officer.“ Only 29 percent of respondents said they'd been informed of the reason for being stopped.

Community Response to Racial Profiling Minority communities in the inner cities are beginning to lose trust in the police in their area Eighty-eight percent of those surveyed said they believed their community did not trust the police. Only 40 percent said they'd be comfortable asking the police for help if they were in trouble.

Is Stop and Frisk Effective? “The consent decree requires officers to record data on motor vehicle stops, including the gender and race or ethnicity of the driver…” Eighty-five percent said "illegal items such as weapons, drugs, or open containers of alcohol were never discovered during a stop they had been involved in"-- which matches up with the NYPD's own statistics. Eighty-nine percent of those stopped last year weren't arrested or issued a summons. An alarming 44 percent said they'd been stopped repeatedly by police officers--at least nine times. Some even reported being stopped more than 20 times. Nearly 9 out of 10 stopped-and-frisked New Yorkers have been completely innocent NO, Stop and Frisk has not been effective.

Works Cited "City drops support for NYPD stop-and-frisk appeal." Crain's. N.p., n.d. Web. 6 Oct. 2014. <http://www.crainsnewyork.com/article/20140214/POLITICS/140219885/city-drops-support-for- nypd-stop-and-frisk-appeal#>. NYCLU. "Stop-and-Frisk Campaign: About the Issue." NYCLU. N.p., n.d. Web. 3 Oct. 2014. <http://www.nyclu.org/issues/racial-justice/stop-and-frisk-practices>. - - -. "Stop-and-Frisk Data." NYCLU. N.p., n.d. Web. 3 Oct. 2014. <http://www.nyclu.org/content/stop-and-frisk-data>. "PEOPLE V. DEBOUR 40 N.Y. 2d 210." DeBour’s Four Levels of Street Encounters. N.p., n.d. Web. 3 Oct. 2014. <http://nassau18b.org/search_seizure/Debours%20Four%20Levels.pdf>. Rudovsky, David. "Breaking the Pattern of Racial Profiling." TRIAL. Aug. 2002: 29+. SIRS Issues Researcher. Web. 06 Oct. 2014. "Stop And Frisk Leads To Mistrust Of NYPD And Refusal To Cooperate With Cops, According To Study."Huffingtonpost. N.p., n.d. Web. 6 Oct. 2014. <http://www.huffingtonpost.com/2013/09/19/stop-and-frisk-nypd-mistrust_n_3955175.html>. Toobin, Jeffrey. "Rights and Wrongs." New Yorker. 27 May 2013: 36. SIRS Issues Researcher. Web. 06 Oct. 2014.