1ac terry stops

8/20/2019 1AC Terry Stops

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Terry Stops 1ACIn 1968, the United States Supreme Court set a precedent in Terry v

Ohio of usin reasona!"e suspicion as the !riht "ine for stop and fris#

po"icies$

Corne"" %a& '(1)

https://www.law.cornell.edu/supremecourt/text/392/1 We are a small research engineering and editorial group housed at the !ornell "aw #chool in $thaca %&. 'ur colla(orators include

pu(lishers legal scholars computer scientists go)ernment agencies and other groups and indi)iduals that promote open access to law worldwide. *392 +.#. 1 ,err- ). 'hio %o. 0 M

A !le)eland detective McFadden on a downtown (eat which he had (een patrolling for man- -ears o!served t&o

straners petitioner and another man !hilton on a street corner. 4e saw them proceed a"ternate"y !ac# and

forth a"on an identica" route pausing to stare in the same store window which the- did for a total of a(out '4 times.

5ach completion of the route was followed (- a conference (etween the two on a corner at one of which the- were 6oined (- a third man 7at8

who left swiftl-. Suspectin the t&o men of *casin a +o! a sticup; the officer fo""o&ed them and

saw them re6oin the third man a couple of (locs awa- in front of a store. The officer approached the three identified himself as

a policeman and ased their names. ,he men ;mum(led something; whereupon McFadden spun petitioner around patted do&n his

outside c"othin, and found in his o)ercoat pocet (ut was una(le to remo)e a pisto". ,he officer ordered the three into

the store. 4e remo)ed petitioner<s o)ercoat too out a re)ol)er and ordered the three to face the wall with their hands raised. 4e patted down the

outer clothing of !hilton and 7at8 and sei8ed a re)ol)er from !hilton<s outside o)ercoat pocet. 4e did not put his hands under the outer

garments of 7at8 since he disco)ered nothing in his patdown which might ha)e (een a weapon or under petitioner<s or !hilton<s outer

garments until he felt the guns. ,he three were taen to the police station. Petitioner and !hilton were charged with carr-ing =p2> concealed

weapons. ,he defense mo)ed to suppress the weapons. Thouh the trial court re+ected the prosecution theory

that the uns had !een seied durin a search incident to a "a&fu" arrest, the court

denied the motion to suppress and admitted the &eapons into evidence on the

round that the officer had cause to !e"ieve that petitioner and Chi"ton &ere actinsuspicious"y, that their interroation &as &arranted, and that the officer, for his o&n

protection, had the riht to pat do&n their outer c"othin havin reasona!"e cause to

!e"ieve that they miht !e armed$ The court distinuished !et&een an investiatory

*stop* and an arrest, and !et&een a *fris#* of the outer c"othin for &eapons and a

fu""-!"o&n search for evidence of crime$ Petitioner and !hilton were found guilt- an intermediate appellate court

affirmed and the #tate #upreme !ourt dismissed the appeal on the ground that ;no su(stantial constitutional ?uestion; was in)ol)ed.

.easona!"e suspicion inc"udes !ein !"ac#$ /o"ice escape "ea"

prosecution !y usin the comp"ete"y "ea" reasona!"e suspicions of havinsomethin in your poc#et or &earin crimina"-"i#e c"othin$ This form of

hosti"e po"ice presence in !"ac# neih!orhoods is not on"y humi"iatin

and dehumaniin, !ut a"so "ife-threatenin$0ese"y-"ad 14

/@ima Aesel-Flad is a professor of @eligious #tudies and the director of Peace and ustice #tudies at Warren Wilson !ollege. #he holds a Ph.B. in #ocial 5thics from +nion ,heological

#eminar- and is the Founder and former Birector and !hairman of the Coard of the $nterfaith !oalition of Dd)ocates for @eentr- and 5mplo-ment ;$!D@5;.THE LAW AS VIOLENCE:

https://www.law.cornell.edu/supremecourt/text/392/1


http://www.law.cornell.edu/lii/about/lii_staff



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ESSAY: NEW YORK CITY UNDER SIEGE: THE MORAL POLITICS OF POLICING PRACTICES, 1993-2013 Fall 2E1 Wae Forest "aw @e)iew 9 Wae Forest ". @e). GG9 "exis %exis

spar/

$t is against the law in e)er- 6urisdiction in the countr- for police departments to institute ?uotas on actions such as stop and fris. n1 4owe)er

%&PB officers are re?uired to meet ;producti)it- measures; with performance indicated (- the num(er of +F2HE forms the- fill out after

conducting a stop and fris. n2 ,hese producti)it- measures function as what one officer called a ;highl- de)eloped; s-stem that mandates

numerical ?uotas for arrests summonses and stopandfris encounters. n3 /o"ice officers =IG9> document stoppin

peop"e for vaue reasons such as *Suspicious 2u"e/O!+ect; ;Furti)e Mo)ements; and

;3earin C"othes/Bisguises Common"y Used in the !ommission of Crime.; n $n 2E11 as in pre)ious -ears the

most common reason gi)en for stops was Furti)e Mo)ement.nH Such imprecise "anuae can +ustify &hat is in

rea"ity the practice of racia""y profi"in (lacs and "atinos. Ds one resident descri(ed the culture of fear that has

de)eloped: For -oung people in m- neigh(orhood getting stopped and frised is a rite of passage. We expect the police to 6ump us at an-

moment. We now the rules: don<t run and don<t tr- to explain (ecause speaing up for -ourself might get -ou arrested or worse. Dnd we all feel

the same wa- degraded harassed )iolated and criminali8ed (ecause we<re (lac or "atino. n The fee"ins of vio"ation are

pervasive amon those &ho have !een stopped and fris#ed $ oseph ;a88; 4a-den a communit-

acti)ist who initiated the !ampaign to 5nd the %ew im !row at the @i)erside !hurch has argued that the state<s re6ection of certain populations

along with middleclass flight has contri(uted to an extensi)e -outh culture in which communit- mem(ers are enraged =IG90> at their treatment

(- police officers (ut also )iew it as normal. n0 /eop"e inter)iewed (- the !enter for !onstitutional @ights descri!ed an

environment so saturated &ith a hosti"e po"ice presence that !ein stopped and

harassed !y po"ice has !ecome interated into the fa!ric of dai"y "ife eperience. nG

Man- inter)iewees explained how the- ha)e changed their clothing st-les and/or hairst-les altered their routes or a)oided waling on the street

and made a ;ha(it of carr-ing around documents such as $B mail and pa- stu(s to pro)ide police officers if stopped.; n9 One

intervie&ee noted5 It ma#es you anious a!out +ust !ein, &a"#in around and

doin your dai"y thin &hi"e havin a !unch of po"ice a"&ays there ,a"&ays present

and stoppin peop"e that "oo# "i#e me. ,he- sa- if -ou<re a -oung (lac male -ou<re more liel- to (e stopped. #o it<s

alwa-s this fear that ;oa- this cop might stop me; for no reason while $<m 6ust sitting there in m- neigh(orhood. nHE @esidents of

disproportionatel- policed neigh(orhoods also noted the lac of accounta(ilit- in incidents of police aggression: $n m- complex I fee" "i#e

&ere under torment lie we<re under lie this (ig gang that<s (ull-ing all of us. ,o me %&PB is the (iggest gang in %ew &or.

,he-<re worse than an- gang ;cause the- could get awa- with stuff. When the-<re illing people and the- don<t get =an-> ind of disciplinar-action. nH1 $ndeed in the experiences of some indi)iduals who were stopped and frised police officers (eha)ed lie the criminals whom the-

sought to arrest. For example Berric Carnicot reported that as he waled with a (ie he had 6ust (ought for his girlfriend an officer stopped him

and told him that if the- recei)ed another stolen (ie report the- would come after him. nH2 Carnicot testified: ;I fe"t endanered$

Ive !een mued !efore and it fe"t "i#e that.; nH3 =IG9G> People who are stopped and frised ha)e argued that

the- are (eing used as a means to an end to fill ?uotas and (rutall- so. nH Dnother )ictim of these tactics shared: M- 6eans were ripped. $ had

(ruises on m- face. M- whole face was swollen. $ was sent to the precinct for disorderl- conduct. $ got out two da-s later. ,he charges were

dismissed. Dt central (ooing the- threw out the charge. %o charge. $ felt lie $ couldn<t defend m-self didn<t now what to do. %o witnesses

there to see what was going on. $ 6ust wish someone was there to witness it. $ felt lie no one would (elie)e me. $ couldn<t tell an-one. $ ept it in

till now ... $ still am scared. nHH The trauma enacted upon peop"e &ho are stopped and fris#ed

can !e iso"atin as noted a(o)e as &e"" as enrain and humi"iatin. Buring random stops po"ice

officers have !een #no&n to seua""y harass individua"s durin stops and fris#s. nH

Furthermore in addition to literall- warrantless intimidation and resultant feelings of fear an arrest can trier severeconse7uences even &hen it does not "ead to a conviction$ Arrests can create

permanent crimina" records that are easil- located on the internet (- emplo-ers landlords schools credit agencies licensing

(oards and (ans. nH0 While the extent of collateral conse?uences is hard to ?uantif- anecdotal e)idence illuminates the considera(le hardships

caused (- arrests. For example thirt-six-earold transit worer Bar-l Jeorge who had ne)er (een arrested was in the lo((- of a Crool-n

(uilding when the police entered and searched e)er-one. nHG 4e had no contra(and (ut he was arrested alongside someone who did. nH9 ,he

charges were dismissed (ut not (efore the ,ransit Duthorit- suspended him and he lost fi)e months of pa- and (enefits. nE ,he practice of

stopping and frising (lac people and other marginali8ed indi)iduals has (een challenged in the court s-stem =IG99> and %ew &or !it- !ouncil

cham(ers. n1 Dd)ocates ha)e protested stopandfris practices in three separate lawsuits filed in federal court that allege racial profiling and

)iolations of constitutional rights. n2 $n two of the court cases ad)ocates charged the !it- of %ew &or with (reaching constitutional rights (-



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allowing police officers to stop and fris residents and )isitors of pri)ate apartment (uildings. n3 $n these cases the plaintiffs alleged that

residents who were simpl- in the hallwa-s stairwells or ele)ators of their own (uildings or in front of their (uildings were under siege (-

police officers. n Ds one person testified: $<ll go into the (uilding with the e- and the-<re still stopping me asing me what $<m doing in the

(uilding ... $n the summertime it<s nice outside. Wh- can<t $ hang out in front of m- (uildingK =,he %&PB> gi)es -ou a ticet for trespassing

;cause -ou<re sitting on the (ench that<s in front of -our (uilding. $ can<t sit on the (ench in front of m- (uildingK Wh-<s the (ench thereK nH ,he

phenomenon of entering (uildings and randoml- searching residents is amplified in the domain of pu(lic housing. D 2E1E report documented that

residents of the %ew &or !it- 4ousing Duthorit- ;%&!4D; sites recei)e inordinate attention from the police. n Man- pu(lic housing

residents descri(e (eing constantl- harassed when coming to and going from their apartments. n0

Stop and fris# creates a vicious cyc"e of mass incarceration$ 2"ac#

communities are "a!e"ed as hih crime &hich "eads to more po"icin

and thus more incarceration$ This constant !"udeonin of those

communities causes etreme socia" damae and inescapa!"e poverty$:enchin 1'

!raig Menchin is has a C.D. from the +ni)ersit- of Airginia and a .B. from #tanford "aw #chool Dugust 2E12 #tanford ournal of !i)il @ights L !i)il "i(erties *Wh- %&PB ,err- #tops Dre

More Pro(lematic ,han &ou ,hin 4#D

Whether or not extensi)e ,err- #tops effecti)el- reduce crime it is certain that the practice exacts significant costs. ,his section will (riefl-

can)ass a few of these costs including stigmatic harms increased difficulties of policing a )icious c-cle of minorit- incarceration and the ris of

sweeping the wrong people into the criminal 6ustice s-stem. An etensive "iterature confirms that overuse of

Terry Stops in ma+ority-minority neih!orhoods creates sinificant socia" damae.

#tops harm innocent )ictims< pri)ac- interests and their selfesteem. n9 $n light of the roughl- 2 of minorit- stops in)ol)ing ph-sical force

lie pepper spra- the- also cause significant ph-sical harm. n90 Ddditionall- the ,err- #top explosion ma- mae the li)es of policemen more

difficult. Bisproportionate stops run the ris of facilitating the withdrawal of minorit- populations from cooperation with law enforcement. n9G

@ecogni8ing these pro(lems the %&PB has instituted a pilot program in a num(er of precincts re?uiring officers to tell suspects wh- the- ha)e

(een stopped and pro)ide them with information a(out how to mae a complaint. n99 The %&PB<s use of Terry Stops also ma-

create a vicious cyc"e of minority incarceration$ Consider the effects of concentrated

Terry Stops in *hih crime* neih!orhoods$ /o"ice &i"" find crime on"y &here they

"oo#, &hich means in desinated *hih crime* neih!orhoods. @ecall that Fagan and colleagues

ha)e shown that stops are dri)en (- the minorit- population of a neigh(orhood 6ust as much as the area<s crime rate. n1EE As the ;</=

po"ices predominant"y minority neih!orhoods in ecess of their crimina"ity, it &i""

enerate a simi"ar"y out of proportion num!er of arrests in those areas$ This, in

turn, +ustifies increased po"ice attention in those areas, faci"itatin a vicious cyc"e$

>tensive Terry Stops in predominant"y minority neih!orhoods a"so ris# s&eepin

the &ron peop"e into the crimina" +ustice system $ #tudies ha)e shown that a small su(set of the population

commits most of the serious crimes. ,he %&PB (- contrast maes o)er HEEEEE stops per -ear of an unnown (ut no dou(t high num(er of

indi)iduals. n1E1 D ma6orit- of these indi)iduals =I32E> particularl- minorities are also frised n1E2 and when the police mae contact the-

sometimes find contra(and. #tudies ha)e suggested that a ma6orit- of this contra(and is drugs specificall- mari6uana. n1E3 ,he indi)iduals on

whom minor contra(and is found are then swept into the criminal 6ustice s-stem (- arrest or summons. This entai"s processin

and sometimes +ai" costs, !ut perhaps more important"y, indirect costs "i#e thefuture difficu"ty of findin +o!s, housin, and other "ife disruptions$ /o"icyma#ers

cannot afford to inore the effects of castin such a &ide crimina" net $ $ndeed e)en (efore the

,err- #top explosion smoing mari6uana in pu(lic )iew accounted for a whopping 1H of all %.&.!. adult arrests in 2EEE. n1E ,he !it- of %ew

&or must decide whether these are the t-pe of people it wants drawn into the criminal 6ustice s-stem.



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This cyc"e of mass incarceration reifies anti-!"ac# attitudes and

desta!i"ies entire communities$ So"utions to these mass enocides on

!"ac# communities are a!sent from the state and need to !e prioritied0an C"eve and :ayes 1?

=#pring 2E1H. %icole Jon8ale8 Aan !le)e is an Dssistant Professor of !riminal ustice at ,emple +ni)ersit- with courtes- appointments in the Bepartment of #ociolog- and the Ceasle- #chool

of "aw. #he recei)ed her PhB in #ociolog- from %orthwestern +ni)ersit- and ser)ed as @esearch Birector for !hicago Dppleseed Fund for ustice. #he is a recipient of the 2E12E1H Ford

Foundation Fellowship Postdoctoral Dward and a Aisiting #cholar at the Dmerican Car Foundation. "auren Ma-es is a doctoral student in the Bepartment of !riminal ustice at ,emple

+ni)ersit-. *!riminal ustice ,hrough ;!olor(lind; "enses: D !all to 5xamine the Mutual !onstitution of @ace and !riminal ustice E "aw L #oc. $n?uir- E. "exis>NN$#

@acism as #-stemic $n addition to conceptuali8ing race as a social construct &e conceptua"ie racism as systemic rather than a product of indi)idual (eliefs. Dccording to

oe @. Feagin<s 2EE theor- of s-stemic racism the United States &as founded on the oppression and economic

ep"oitation of non&hite peop"e, particu"ar"y African Americans. Ds such neative

stereotypes a!out !"ac# peop"e &ere used to +ustify ep"oitation$ $n this era of new penolog- we argue thatthe

crimina" +ustice system is a primary site of the reproduction of systemic racism $ $n this case

the stereotype of the danerous !"ac# man is mo!i"ied to +ustify and "eitimie the

punitive practices of the crimina" +ustice system @ussell 1999O @ussellCrown 2EEO Ba)is 2EE0O Dlexander 2E1EO 4ane-"=xF3>pe8 2E1EO ,onr-

2E11. @ace and @acism: D !ultural ,heoretical Perspecti)e @ather than (eginning from a color(lind or raceneutral starting point criminal 6ustice scholarship must acnowledge and account for such d-namics. D particularl- fruitful

wa- to understand the role of race and racism in criminal 6ustice is to emplo- a cultural theoretical perspecti)e. ,his approach is similar to Jarland<s sociological examination of punishment. 4e examines the patterns of social action

that structure modem punishment into taenforgranted institutional patterns that are rarel- ?uestioned or introspecti)el- criti?ued. ,hese instituted wa-s of doing punishment act as a ;regime of truth; which he argues ;shores up

the institutional structure and closes off an- fundamental ?uestions which might undermine it; Jarland 199E . C- deplo-ing such a perspecti)e we assume that cultural scripts a(out race and racism are reproduced and

institutionali8ed at multiple le)els of anal-sis #aperstein Penner and "ight 2E13. 'n a macro le)el racial st igmas are entrenched in meanings are inscri(ed on racial (odies and congeal and em(ed in institutions lie the criminal

6ustice s-stem and the criminal code. 4ence racism has a s-stemic nature and (ecomes a regime of truth that can (e incorporated within the status ?uo of criminal 6ustice. !ultural framewors a(out racial meanings also infiltrate the

)er- (uilding (locs of understanding such that entrenched ideas a(out race racism and racial stigma are fundamental for indi)iduals to na)igate (oth conscious and unconscious decision maing readil-. Ds such racism and racial

meanings seem all =I19> encompassingreinforced on institutional cultural and indi)idual le)els of anal-sis. #mall cogniti)e framewors mae racial distinctions seem natural and on a larger institutional le)el racial distinctions

appear legitimate and are enshrined with authorit-. We now examine how race is reinforced on t hese multiple le)els of anal-sis in order to (etter elucidate how racial ine?ualities manifest throughout the criminal 6ustice s-stem and

how race and criminal 6ustice reinforce and reproduce each other in a dialectical manner. We conclude (- explaining the mutual constitution of race and criminal 6ustice as a starting point for scholarship on race and criminal 6ustice.

,45 M+,+D" !'%#,$,+,$'% 'F @D!5 D%B !@$M$%D" +#,$!5 D!@'## M+",$P"5 "5A5"# 'F D%D"&#$# $nstitutional "e)el ,he criminal 6ustice s-stem and +# racism ha)e a deep shared histor- Wac?uant 2EE1O

Dlexander 2E1EO Muhammad 2E1EO Perinson 2E1E. @acism and punishment in Dmerica ha)e coe)ol)ed such that crimina" +ustice o!+ectives have served the

ends of racia" stratification and conflict more than the management and suppression of crime. ;From the )er- (eginning . . .

legal and criminal 6ustice institutions were (ound up with racial su(6ugation; Perinson 2E1E 3. Ds Wac?uant 2EE1 argues the crimina" +ustice system is a *race-

ma#in* machine @110 that has long ser)ed ;as =an> instrument for t he management of dispossessed and dishonored groups; 9H. ,herefore on an institutional le)el the

crimina" +ustice system reproduces racia" difference, heihtens socia" ine7ua"ity

andeven creates rather than pre)ents crime in impoverished neih!orhoods of co"or !y desta!i"iin

them rather than instituting order. This is especia""y pronounced in an era of ne& peno"oy when penological o(6ecti)es are

focused on incapacitation with little concern for reha(ilitation or the reintegration of the incarcerated (ac into communities Feele- and #imon 1992. Ds suchthe &arehousin of

prisoners deepens racia" sereation weaens communities and actuall- creates conditions that

contri!ute to @rather than diminish crimino"oica" patterns !lear 2EE0. This creates the facade that

criminoenic !ehavior is native to poor neih!orhoods of co"or and invites more

patro""in and hyper-survei""ance of these sites. +ltimatel- such institutional patterns ha)e cultural conse?uences.

3ithout a prioritiation of the needs of !"ac# communities, current

po"icies aimed at he"pin the reatest num!er &i"" continue and re-

entrench racism$0an C"eve and :ayes 1?

=#pring 2E1H. %icole Jon8ale8 Aan !le)e is an Dssistant Professor of !riminal ustice at ,emple +ni)ersit- with courtes- appointments in the Bepartment of #ociolog- and the Ceasle- #chool

of "aw. #he recei)ed her PhB in #ociolog- from %orthwestern +ni)ersit- and ser)ed as @esearch Birector for !hicago Dppleseed Fund for ustice. #he is a recipient of the 2E12E1H Ford



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Foundation Fellowship Postdoctoral Dward and a Aisiting #cholar at the Dmerican Car Foundation. "auren Ma-es is a doctoral student in the Bepartment of !riminal ustice at ,emple

+ni)ersit-. *!riminal ustice ,hrough ;!olor(lind; "enses: D !all to 5xamine the Mutual !onstitution of @ace and !riminal ustice E "aw L #oc. $n?uir- E. "exis>NN$#

We first examine the ideological contexts that inform research a(out criminal 6ustice and race. #cholars of race law and criminal 6ustice identif-

a central paradigm shift in penolog- that occurred as a reaction to the civi" rihts movement$ The "oic of

sereation &as rep"aced !y the "oic of "a& and ordera""o&in the overnin and

marina"iation of racia" roups to appear nonracia" Wac?uant 2EE1O Jarland 2EE2O #imon 2EE0O

Dlexander 2E1E. Feele- and #imon identif- this shift as the *ne& peno"oy; 1992 9 and argue that this contemporar- penal

logic shifts a&ay from traditiona" concerns &ith reha!i"itatin the individua" popular in the

decades leading up to the 190Es and redirects its o!+ectives to the punishment, manaement, and

cateoriation of *danerous* roups of peop"e @9. The ne& peno"oy emphasies

the importance of areate-"eve" ris# prediction, shifts the purpose of incarceration

from reha!i"itation to incapacitation, and re"ies on the 7uantification of peop"e Feele-

and #imon 1992. ,hese dehumani8ing logics contri(ute to the sharp increase in prison populations since the postci)ilrights era of the 190Es

Jarland 2EE1 2EE2. ,o (e sure within this penal logic crimina" +ustice apparatuses overn "are

cateories of peop"e under the uise of crime contro" #imon 2EE0 (ut not a"" citiens are

overned e7ua""y. 3hi"e this popu"ation is !road"y understood as the poor or as Feele- and

#imon 1992 0 refer to it the ;underclass; the term is hard"y race-neutra"O it references the *"are"y

!"ac# and Bispanic popu"ation li)ing in concentrated 8ones of po)ert- in central cities;transformin

impoverished communities of co"or into sereated, surroate hettos Wac?uant 2EEE. Ds a

conse?uence !"ac# and %atino neih!orhoods are perceived as more danerous, are

hyper-po"iced and survei""ed , and are transformed into the cu"tura""y imained

spaces &here crime is "eft to fester. 3hether imprisoned "itera""y in penitentiaries, or

iso"ated in *iconic hettos* Dnderson 2E12 9 *pena" manaers strive to manae

popu"ations of marina" citiens &ith no concomitant effort to&ards interation into

mainstream society; Feele- and #imon 1992 3. These shifts in structure and culture have direconse7uences in shapin the conitive !ui"din !"oc#s that uide decision ma#in

across a !road array of crimina" +ustice contact points$ The ne& peno"oys concern

for ris# prediction and ris# manaement a""o&s imp"icit !iases to f"ourish ,

impactin ho& &e define ris# and &ho &e define as ris#y$ $n addition the actuaria" too"s

that characterie the ne& peno"oy transform race-em!edded varia!"es into

seemin"y race-neutra" assessments $ $n turn these too"s have enerated even more focus

on non&hite peop"e and neih!orhoods 4arcourt 2E1E in &hat !ecomes a perpetua" cyc"e

of scrutiniin, appraisin, and confirmin the socia""y constructed "in# !et&een

danerousness and peop"e of co"or$ The dep"oyment of technocratic too"s for

7uantification a""o&s for the efficient areation of roups of peop"e for ris#

assessment. #imultaneousl- the re"iance on =I11> ris# assessment too"s o!scures racia" !ias and

provides a fa"se faith in num!ers Porter 199H as ris scores and statistics appear as o!+ective

ar!iters in distinuishin and defining rades of danerousness. @is assessments facilitate the creation of

raciali8ed categories (- sociall- constructing or maing up people 4acing 2EE. What is largel- ignored is how racial (ias em(eds in the

discretion re?uired to mae such classifications Aan !le)e and "araMillQn 2E1. Ds 'lusan-a and Jau 2E12 1E argue: ;The ris#

prediction too"s that have !een deve"oped and introduced in the crimina" +ustice



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system ref"ect socia" structures &hich are racia""y differentiated$; These ris#

prediction too"s are not free of (ias or created in a vacuum!ut are mere ref"ections of the

very society that has produced viru"ent racia" ine7ua"ities in the first place. ,hat is racism

conditions professiona"s on a cu"tura" and conitive "eve" and therefore hides in the

numerica" !ui"din !"oc#s that underscore ris# ratins 'lusan-a and Jau 2E12. .acia"meanins, stimas, and stereotypes em!ed in many of the factors used in ris#

prediction and assessment. Cecause these tools are used for a multitude of decisions including pretrial detention (ail

sentencing and parole the effects of ris# assessments can !e spread throuhout the system$ Ds

such they contri!ute to compoundin ine7ua"ity &here !ias !ui"ds as offenders are

processed at different staes or decision-ma#in points throuhout the crimina"

+ustice system 'mori 2E13O #tol8en(erg B<Dlessio and 5itle 2E13. Finall- these d-namics are made worse (- the use of criminal

histor- as a prox- for race. Ds 4arcourt 2E1E argues the re"iance on ris#-prediction too"s ma#es racia"

ine7ua"ities &ithin the crimina" +ustice system &orse. Ds criminal histor- is one of the most commonl- used

)aria(les in ris prediction, it is important to ac#no&"ede its interconnectedness to race and

ho& its use perpetuates racia" ine7ua"ities under the uise of racia" neutra"ity$ Paradoxicall- despite these trends a simultaneous shift in the dominant racial ideolog- cele(rates racial e?ualit- and denies the continued

existence of racial discrimination.

a#e and I advocate that the United States Supreme Court shou"d

overru"e the Terry vs Ohio decision and determine that the a!i"ity to

conduct Stop and ris# searches is unconstitutiona" !ased on the

rounds of vio"atin the 14th amendments e7ua" citiens c"ause and the

4

th

amendments protection from unreasona!"e searches%emieu 1)

Cloom(erg<s #topDndFris Program $s +nconstitutional #!',, "5M$5+R D+J+#, 13 2E13 #cott "emieux is an assistant professor of political science at the !ollege of #aint @ose

http://prospect.org/article/(loom(ergsstopandfrisprogramunconstitutional M

5)en if we were to assume that ;onl-; percent of searches were completel- un6ustifia(le this still represents 2EEEEE people whose rights were

)iolated. ,he num(er of people su(6ect to un6ustifia(le searches is certainl- far higher. For example Fagan did not classif- searches 6ustified (-

the officer solel- (ased on allegedl- ;furti)e mo)ements; (- the suspect although it is clear that this is reasoning that cannot meet the

;reasona(le suspicion; standard. 0irtua""y any!ody can !e accused of *furtive movement,* and

the standard is so use"ess that Fagan<s stud- showed that peop"e &ho disp"ayed *furtive

movements* &ere actua""y "ess "i#e"y to !e arrested than those that did not $ 3hats

even &orse is that the ar!itrary searches are not distri!uted random"y$.acia"

minorities are searched far out of proportion to their percentae of the popu"ations. %ew &or !it- has defended this (- arguing that racial minorities are also disproportionatel- represented among those arrested for )iolent crimes.

#cheindlin disposes of this defense (- noting that since nine out of ten peop"e stopped are innocent this defense is

irrele)ant. Moreo)er ;=t>he %&PB carries out more stops where there are more (lac and 4ispanic residents e)en when other rele)ant )aria(les

are held constant.; The sin"in out of racia" minorities cannot !e +ustified. Ji)en the data #cheindlin had

little choice (ut to find that the stop-and-fris# po"icy vio"ated the ourth Amendment as &e"" as

the e7ua" protection c"ause of the 14th Amendment$ A "are num!er of searches have

!een conducted &ithout reasona!"e suspicion, and these suspicion"ess searches have

http://prospect.org/authors/scott-lemieux



http://prospect.org/article/bloombergs-stop-and-frisk-program-unconstitutional






Millard West FM

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disproportionate"y tareted racia" minorities. Of 19 individua" stops, the court found

that 9 of the stop-and-fris#s &ere unconstitutiona", ? of the fris#s after stops &ere

unconstitutiona" and H were constitutionall- permissi(le. Ds M#%C!<s Ddam #erwer notes particularl- tell ing is that most defenses

of the ;</=s proram a"" !ut conceded its unconstitutiona"ity$ @ather than tr-ing to den- that the

program was discriminator- defenders instead tried to change the su(6ect to the ?uestion of whether it was effecti)e. ,his response is defecti)efor two reasons. First of all effecti)eness is not in itself an ade?uate defense of an unconstitutional polic-. #cheindlin maes this clear: ;Man-

police practices ma- (e useful for fighting crimeSpre)enti)e detention or coerced confessions for exampleS(ut (ecause they are

unconstitutiona" they cannot !e used, no matter ho& effective$*

The de"i!erate indifference on the comp"ete !an of Stop and ris# &ou"d

!e enouh to !rin do&n the !"ue &a"" of si"ence surroundin po"icecrimina"iation and &ou"d a""o& officers or entire departments to !e he"d

"ia!"e for conductin these i""ea" searchesC"ar# 1?

=#ummer 2E1H. Ba)id !lar Jeorge Mason +ni)ersit- #chool of "aw. ;#top and Fris; +nder Flo-d ). !it- of %ew &or: ,45 B$FF$!+",& 'F P@'A$%J D F'+@,55%,4

DM5%BM5%, A$'"D,$'%. 2H Jeo. Mason +. !i). @ts. ".. 31. "exis>NN$#

,his finding of indifference is a uni7ue too" for plaintiffs see#in a possi(le expansion of the 5?ual Protection

doctrine and a strenthenin of the ourteenth Amendments reach. $n Flo-d the court reported that

along with the inade?uate training the "ac# of discip"ine and monitorin for *!ad stops* &ere a"so

rounds for findin an >7ua" /rotection vio"ation $ n13H ,his holding reinforces the dut- of super)ision owed

(- the cit- and the managers of police departments and maes clear that simpl- doing nothing is grounds for a )iolation. ,hus a fai"ure is

not on"y the refusa" to enforce certain "a&s, !ut a"so the refusa" to cur! enforcement

&hen it is !ein conducted un"a&fu""y. #pecificall- on cur(ing enforcement the court found that ;no re&ards

or punishments turned on the 7ua"ity of stops conducted$* n13 This "ac# of re&ard

or punishment re"ated to constitutiona"ity "ays the round&or# for a proscri!ed

in+unction to esta!"ish a re&ard incenti)e or punishment disincenti)e. A nother uni7ue

aspect of this fina" ourteenth Amendment ho"din is that from this precedent the

metaphorica" *!"ue &a"" of si"ence* may no "oner !e enouh to protect =I31> officers

or entire departments from "ia!i"ity for misconduct. n130 The ho"din on de"i!erate

indifference also "ays the foundation for further ho"dins !rea#in do&n this !"ue &a""

of si"ence as a too" to defeat ourteenth Amendment c"aims. Ds discussed further in Part $$$.D (elow

the proposed remedial in6unction although a start in the right direction does not go far enough to pro)ide the ;rewards; and ;punishments;

needed to ade?uatel- deter police misconduct. n13G



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The unconstitutiona"ity of the stop and fris# po"icy &ou"d force a""

evidence o!tained from that po"icy to !e i""eitimate in a court of "a&

"eadin to a decrease in incarceration and a chi""in effect on the po"ice

force$C"ar# 1?

=#ummer 2E1H. Ba)id !lar Jeorge Mason +ni)ersit- #chool of "aw. ;#top and Fris; +nder Flo-d ). !it- of %ew &or: ,45 B$FF$!+",& 'F P@'A$%J D F'+@,55%,4

DM5%BM5%, A$'"D,$'%. 2H Jeo. Mason +. !i). @ts. ".. 31. "exis>NN$#

"ero-<s stor- recounted in Flo-d is 6ust one of man- detailing an internal structure that fails to pro)ide sufficient o)ersight and correction to

ongoing constitutional )iolations. n1G3 ,hus the challenge here is not onl- to reform this internal structure (ut also to change the (alance of

incenti)es through 6udiciall- a)aila(le remedies which represent external influences on police departments. Dside from a re)iew of these !!@C

and other internall- recommended disciplinar- measures there are four main external remedies a harmed indi)idual can see. ,he (ig four found

in criminal procedure are usuall- 1 ;exclusion of e)idenceO =2> re)ersal of con)ictions which normall- permits retrialO =3> dismissal of

indictments in egregious casesO and => separate ci)il damages actions.; n1G 4owe)er when a criminal penalt- is not at stae as with man-

Fourteenth Dmendment )iolations rarel- will a single plaintiff as a )ictim of an illegal raciall- moti)ated police acti)it- ha)e the incenti)e to

prosecute ci)ill- or e)en litigate full-. n1GH The ec"usionary ru"e serves +ust this purpose of providin

an eterna""y enforcea!"e remedy for ourteenth Amendment vio"ations. n1G The

same +ustification of deterrence used for the ourth Amendment is e7ua""y

app"ica!"e to the ourteenth Amendment &hen considerin the economic

interna"iation for the officers mis!ehavior. n1G0 ,he result of appl-ing an exclusionar- =I30E> rule to illegal

racial profiling would (e that ;an actor can and does internali8e that price; and thus ;the law is satisfied (ecause the actor has purchased the

social )alue of the undesira(le (eha)ior.; n1GG $n this wa- it acts as an incentive for officers to err on the

side of caution &hen ma#in their searches, and for crimina" defendants, it provides

a constant feed!ac# "oop on the constitutiona"ity of po"ice searches $ n1G9 Current"y,

there is no such protection in the rea"m of the ourteenth Amendment$ Thus,

officers of the state are a!"e to vio"ate the ourteenth Amendment &ith no automatic

feed!ac# "oop, unti" the accumu"ation of vio"ations ets to the point of the ereious

statistics recounted in Flo-d. n19E ,he #upreme !ourt and circuit courts ha)e alread- suggested that a ourteenth

Amendment ec"usionary ru"e cou"d !e enforcea!"e (ut ultimatel- ha)e (aced awa- from its

implementation as illustrated (- the language in Mapp ). 'hio. n191 ustice !lar writing for the ma6orit- in Mapp stated ;our ho"din

that the ec"usionary ru"e is an essentia" part of !oth the ourth and ourteenth

Amendments is not on"y the "oica" dictate of prior cases, !ut it a"so ma#es very

ood sense.; n192 ,he ;logical dictate; ustice !lar references is the conclusion that evidence seied in vio"ation of

the Constitution shou"d !e inadmissi!"e, and that this conc"usion is not "imited to the

ourth Amendment. ,he #ixth !ircuit indicated as much in dicta in +.#. ). ennings mentioning that ;e)idence sei8ed in )iolation

of the 5?ual Protection !lause should (e suppressed.; n193

The Supreme Court is the on"y actor in overnment that can create

unchanea!"e "a&s, compared to other actors &hose po"icies are f"ushed

a&ay the net e"ection cyc"e$Era!iano&s#i 1(

;1E ')erturned #upreme !ourt !ases; 1E %o)em(er 2E1E. 4ow#t uffWors.com. Thttp://mone-.howstuffwors.com/1Eo)erturnedsupremecourt cases.ht mU 2E #eptem(er 2E1H.5d

Jra(ianowsi !ontri(uting Writer is a freelance writer from Cuffalo %.&. 4e pre)iousl- wored as a newspaper reporter and attended school at #+%& Platts(urgh and 7ansas #tate +ni)ersit-.



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American "a& operates under the doctrine of stare decisis, &hich means that prior

decisions shou"d !e maintained e)en if the current court would otherwise rule differentl- and that "o&er

courts must a!ide !y the prior decisions of hiher courts. ,he idea is (ased on a (elief that go)ernment

needs to (e relati)el- sta(le and predicta(le. This means that overturnin a Supreme Court decision is

very difficu"t$ There are t&o &ays it can happen5 States can amend the Constitutionitse"f$ This re7uires approva" !y three-7uarters of the state "eis"atures -- no easy

feat$ 4owe)er it has happened se)eral times. The Supreme Court can overru"e itse"f$ This happens

&hen a different case invo"vin the same constitutiona" issues as an ear"ier case is

revie&ed !y the court and seen in a ne& "iht , typica""y !ecause of chanin socia"

and po"itica" situations. ,he longer the amount of time (etween the cases the more liel- this is to occur partl- due to stare

decisis.

Supreme Court decisions are the on"y thin a!"e to produce massive,

&idespread societa" chanesF 2ro&n v$ 2oard of education proves

<eae"" '((4

Professor of law V +!"D 2EE #tephen Aander(ilt "aw @e)iew %o)em(er 2EE H0 Aand. ". @e). 190HO "exis

'ne dou(ts that @o(ert !arter ,hurgood Marshall #pottswood @o(inson ac Jreen(erg and the rest of the legal team that argued 2ro&n v$ 2oard

of >ducation n1 spent much time thining a(out mass torts. %onetheless it is entirel- appropriate that a commemoration of their achie)ements include

not onl- that topic (ut also international human rights and health care as well as the more expected ones of education and social welfare. Crown &as part

of a revo"ution , and revo"utions often have co""atera" effects as important as their

immediate conse7uences$ The civi" rihts movement fo""o&ed the same pattern $ =I190>

As an immediate conse7uence, that movement !rouht us schoo" desereation $

o""o&-on effects inc"uded desereation of pu!"ic faci"ities$ These &ere important

mi"estones in U$S$ society$ They achieved specific chanes, !ut they a"so made

possi!"e the second civi" rihts revo"ution - the "eis"ative actions that have, in the

"ast four decades, transformed U$S$ society $ 2eyond race and civi" rihts, 2ro&n

created severa" ripp"es, two of which pro)ide the focus for this 5ssa-. irst, 2ro&n and the civi" rihts

"itiation movement he"ped create a rene&ed !e"ief, not +ust in the "a&, !ut more

specifica""y in "itiation as a no!"e ca""in and as an avenue for socia" chane$ ,hat (elief

lies open to challenge and it can lea)e s tudents and law-ers frustrated at the distance (etween the aspirations that (rought them to law school and the world of

practice as the- percei)e it. Cut whether or not it is wellfounded this (elief with roots tracea(le to Crown and ci)il rights litigation has endured for se)eral

generations. ,hus 2ro&n reshaped the aspirations of "a&yers in &ays that are sti"" important$



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>"iminatin Stop and ris# must !e prioritied due to the etreme"y hih

fre7uency of its impacts$ >va"uate "o& pro!a!i"ity impacts as ero as

eva"uatin pro!a!i"ity over manitude is the most efficient and most

effective &ay to so"ve the &or"ds 7uandaries.escher '(()

%icholas Prof of Philosoph- at the +ni)ersit- of Pitts(urgh #ensi(le Becisions: $ssues of @ational Becision in Personal !hoice and Pu(lic Polic- p. 9HE

'n this issue there is a systemic disareement !et&een pro!a!i"ists &or#in on theory-

oriented issues in mathematics or natura" science and decision theorists &ho &or#

on practica" decision-oriented issues re"atin to human affairs$ The former ta#es the

"ine that sma"" num!er are sma"" num!ers and must !e ta#en into account as suchSthat is the

small ?uantities the- actuall- are. The "atter tend to ta#e the vie& that sma"" pro!a!i"ities represent

etreme"y remote prospect and can !e &ritten off $ Be minimis non curat lex as the old precept has it: in human

affairs there is no need to (other with trifles. When something is a(out as pro(a(le as a thousand fair dice when tossed a thousand times coming up all sixes then so

it is held &e can prett- well foret a!out it as a &orthy of concern$ As a matter of practica"po"icy we operate with pro(a(ilities on the principle that when x 5 then x X E. 3e ta#e the "ine that in our human

dea"ins in rea"-"ife situations a sufficient"y remote possi!i"ity can Sfor all sensi(le purposesS !e

vie&ed as !ein of pro!a!i"ity ero. Accordin"y, such remote possi!i"ities can

simp"y !e dismissed, and the outcomes &ith &hich they are associated can

accordin"y !e set aside$ And in the rea" &or"d peop"e do in fact seem to !e

prepared to treat certain pro!a!i"ities as effective"y ero, ta#in certain sufficient"y

impro!a!"e eventua"ities as no "onGerH represent in rea" possi!i"ities. 4ere an extremel-

impro(a(le e)ent is seen as something we can simpl- write off as (eing outside the range of appropriate concern something we can dismiss for all practical purposes.

Ds one writer on insurance puts it: =/Heop"erefuse to &orry a!out "osses &hose pro!a!i"ity is !e"o&

some thresho"d$ /ro!a!i"ities !e"o& the thresho"d are treated as thouh they &ere

ero$ ;o dou!t, remote-possi!i"ity events havin such a minute possi!i"ity can

happen in some sense of the term, !ut this can functions some&hat fiurative"yF

it is no "oner seen as somethin that presents a rea"istic prospect.

The pro!a!"e impacts of Stop and ris# need to !e prioritied as any

other framin causes socia" para"ysis as &e are faced &ith hundreds of

"o& pro!a!i"ity, hih manitude scenarios$

:es#i"" (9 Ba)id professor at !olorado #chool of Mines and PhB from 4ar)ard *,he ;'ne Percent Boctrine; and 5n)ironmental Faith Bec 9http://da)idmesill.(logspot.com/2EE9/12/onepercentdoctrineanden)ironmental.html

,om Friedman<s piece toda- in the ,imes on the en)ironment http://www.n-times.com/2EE9/12/E9/opinion/E9friedman.htmlKYrX1 is one of the

flimsiest pieces (- a ma6or columnist that $ can remem(er e)er reading. 4e applies Cheneys *one percent doctrine;

which is similar to the en)ironmentalists< ;precautionar- principle; to the ris of en)ironmental armageddon. Cut this doctrine is !oth

inte""ectua""y incoherent and practica""y irre"evant$ It is inte""ectua""y incoherent

!ecause it cannot !e app"ied consistent"y in a &or"d &ith many potentia" disaster



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scenarios$ $n addition to the glo(alwarming ris there<s also the asteroidhittingtheearth ris the terroristswithnuclearweapons ris

!hene-<s original scenario the superduperpandemic ris etc. #ince each of these ris#s, on the *one percent

doctrine,* &ou"d deserve a"" of our attention, &e cannot address a"" of them

simu"taneous"y $ That is, even &ithin the one-percent menta"ity, &ed have to !ein

prioritiin, ma#in choices and trade-offs$ Cut wh- then should we onl- mae these tradeoffs (etween

responses to disaster scenariosK Wh- not also choose (etween them and other much more cotidien things we )alueK 3hy treat the

un"i#e"y !ut catac"ysmic event as someho& fundamenta""y different, somethin that

cannot !e interated into a"" the other ca"cu"ations &e ma#eJ Dnd in fact this is how we (eha)e all

the time. 3e et into our cars in order to !uy a cup of coffee, even thouh theres some

chance &e &i"" !e #i""ed on the &ay to the coffee shop$ 3e are constant"y ris#in

death, if s"iht"y, in order to pursue the thins &e va"ue. Dn- creature that adopted the ;precautionar-

principle; would sit at home no not e)en there since there is some chance the (uilding might collapse. ,hat creature would neither (e a(le to

act nor not act since it would nowhere disco)er perfect safet-. Friedman<s approach reminds me somehow of Pascal<s wager ?uasireligious

faith mas?uerading as rational deli(eration as 4ans Dl(ert has pointed out Pascal<s wager itself doesn<t add up: there ma- (e a Jod in fact (ut it

ma- turn out that 4e dislies and e)en damns people who (elie)e in him (ecause the-<)e calculated it<s in their (est interest to.

/redictions of etinction are used as po"itica" too"s to inore structura"

racism and perpetuate the dominant narratives of oppression$ .e+ectin

this fear panderin is the on"y &ay to so"ve for these pro!"ems

/er"stein 1

!ontri(utor to the %ew @epu(lic 2EE1 @ic *Pundits Who Predict the Future Dre Dlwa-s Wrong ,45 %D,$'% Dpril 23 http://www.thenation.com/doc/2EE1E23/perlstein/

/rediction is structura""y insepara!"e from the !usiness of punditry5 Itcreates the

essentia" imae of indefatia!"e authority that is punditrys very architectureK itf"o&s from that ca"cified imae and it provides the su!stance for the story that #eeps

ettin to"d a!out the inevita!i"ity of American proress$ /unditry is &hat happens

&hen the interests of ordinari"y inte""ient and etraordinari"y am!itious men and

&omen coincide &ith a rare"y mentioned f"a& in the America n character5 our

undyin need to !e"ieve &e inha!it a nation of constancy and ood fee"in that is

free of conf"ict, thouh &e actua""y "ive in one of unceasin disputation, resentment

and c"ash es of interest$ !onsider a paradigmatic antholog- edited (- the consensus sociologist Baniel Cell in 190 called

,oward the &ear 2EEE: Wor in Progress$ Amon the deve"opments pronounced *"i#e"y in the net

thirty-three years* are *contro" of &eather or c"imate,* *f"ei!"e peno"oy &ithoutnecessari"y usin prisons* and *human hi!ernation for re"ative"y etensive periods

@months to years.; %ow there is no sin in ma#in incorrect predictions $ Thats all that

con)entional wisdom which can onl- extrapolate future trends from present realities nows how to do the present realit- in Cell<s case (eing

the (elief that man<s a(ilit- to control his en)ironment could not (ut continue to expand. The sin howe)er , is that such

predictions are a"&ays at the same time po"itica" --too"s for seedin enera" consent

a!out &hich #inds of actions are sensi!"e and &hich are sense"ess K&here socia"

http://www.thenation.com/doc/20010423/perlstein/





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emphasis can "eitimate"y !e p"aced and &here it cannot K &hat is rea" and &hat is

!eyond the pa"e of imaination$

The importance of a federa" ru"in "ies in eneratin a nationa" de!ate

a!out current po"ice practices L this mo!i"ies the pu!"ic into identifyin

further reforms that he"ps more popu"ations than the aff itse"f

Charney et a"$ 1(

=#eptem(er 29 2E1E. Barius !harne- was the lead counsel of Flo-d ). !it- of %ew &or. esus Jon8ale8 is a a !ommunit- 'rgani8er with Mae the @oad %ew &or. Ba)id 7enned- is a

professor speciali8ing in crime pre)ention de)eloped the 'peration !easefire group )iolence inter)ention in Coston MD and the 4igh Point Model drug maret inter)ention in 4igh Point %!.

%oel "eader is a former mem(er of the %&PB and founder of 1EE Clacs $n "aw 5nforcement Who !are. @o(ert Perr- is legislati)e director and is principal lo((-ist of the %ew &or !i)il

"i(erties +nion. *#+#P5!, F$,# B5#!@$P,$'%: @5#P'%#5# ,' @D!$D" P@'F$"$%J $% %5W &'@7 !$,& Panel Biscussion. 1 %.&. !it- ". @e). H0. "exis.>NN$#

@'C5@, P5@@&: "et me suggest that there may !e sort of a po"itica" openin here and tae =the> opportunit- to

clarif- something that $ said earlier. I ta"#ed a!out a !i"" !efore the "eis"ature this past session that &ou"d

prohi!it the department from maintainin a stop-and-fris# data!an#$ n1H1 What $ meant to

sa- was the !i"" prohi!its the department from enterin into that data!an# persona"

identifiers of fo"#s &ho have !een stopped, fris#ed, and re"eased &ithout further

"ea" conse7uence5 no reasona!"e cause, no arrest, no vio"ation, no summons,

nothin. n1H2 ,hat de(ate and the data!an# $ want to mae clear is fundamentall- important (ecause that is ho& &e

et the demoraphic data a!out stops and fris#sK it he"ps us do ood ana"ysis of the issues

we ha)e (een taling a(out tonight. Cut what this de!ate did was open up in a wa- $<)e ne)er seen =I91> (efore in the state legislatureit

opened up a discussion a!out po"ice practices in the streets of %ew &or !it- that too on @a- 7ell- and won.,hat<s ne)er happened in m- experience. Ma-or Cloom(erg was defeated on this issue. n1H3 ,hat discussion (egan in a meeting we had with

!ongresswoman &)ette !lare and the (lac elected officials out in Crool-n a -ear and a half ago when the- were tr-ing to figure out 6ust what

we are tr-ing to figure out now is how the hell do we get at this pro(lem that is so pernicious and s-stemic. Dnd out of that discussion &e

decided to actua""y try to shut do&n the persona" identifiers in the data(an not !ecause

that &as oin to so"ve the under"yin po"icy and practice, !ut !ecause it &ou"d

drive a de!ate$ Dnd it did dri)e a de(ate. We are coming now to the foreseea(le end of Ma-or Cloom(erg<s tenure and ma-(e @a-

7ell-<s. We 6ust had a significant )ictor- in the legislature. n1H M- point (eing the cha""ene no& is I thin# to

mo!i"ie, to oranie, to educate, and to !ein to identify some discreet reforms,

"eis"ative po"icy that &e can &in and that I thin# &e can &in. Dnd $ thin we can. #o $ thin it is a

hopeful moment in the light of a )er- rough histor-. ,hat would (e m- response.



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Constant"y "oo#in over ones shou"der to !e sure they are safe is no &ay

to "ive$ <et, this is the rea"ity !"ac# Americans fee" every day$ .acist stop

and fris# po"icies must !e stopped as they infrine upon the most

fundamenta" rihts of human !eins$A!u-Baeem 14

Dli-ah D(u4a8eem is a contri(uting writer at the '(erlin @e)iew *Police @acism Behumani8es Clac &outhhttp://o(erlinre)iew.org/0EE/opinions/policeracismdehumani8es(lac-outh/

Becem(er 12 2E1

3e cannot continue to deny that racism is and will continue to (e pervasive $ The very fact that a

2"ac# ma"e cannot &a"# do&n the street on the South Side of Chicao &ithout facin

po"ice harassment and racia" profi"in via interroation is indicative of the racism

that is continuous"y p"auin this nation$ The fact that a 2"ac# person cannot reach

for somethin in their poc#et &ithout the assumption they are carryin a &eapon

spea#s vo"umes to the state of our post-racia" society$ 5)en (e-ond race which is not to place race aside we

are all human and endowed with human rights. Ceing a human is intrinsic to a ll of us despite sin color creed or ethnicit-O (ut still the rights we ha)e as human (eings

are not e?ual or impartial to us all. /o"icies "i#e stop-and-fris# that remain em!edded &ithin

constitutiona" "a& circumvent the rihts that &e have as humans, enforcin

stereotypes and !iases upon individua"s to define their proneness to "a&!rea#in$ $

wonder: What does a criminal loo lieK Bo& can one assess crimina"ity !ased on appearanceJ Stop-

and-fris# "a&s are made to dehumanie 2"ac# peop"e $ %ets !e rea"5 2"ac# peop"e are

the individua"s ettin stopped and fris#ed !y the po"ice$ Those are the individua"s

that appear to !e threatenin to the po"ice$ "etZs examine these indi)iduals that $ eep referring to. $nstead of continuing the

c-cle of generali8ing the population that is most affected (- )iolence which whitewashed societ- continues to do S $Zm going to la- it all on the ta(le. C"D!7 S

&'+%J S M5%[ These 2"ac# youths "ives are !ein diminished every day$ If 2"ac# men

arent "osin their "ives, they are "osin their riht to "ive, &hich is ana"oous inseverity $ $ will not sugarcoat nor meander around the facts. Dccording to FC$ crime statistics for 2E13 there are on a)erage GHEE Clac people murdered

each -ear. ,hat e?uates to a(out 21.H deaths per da-. %ow letZs loo at the murders of Clac people in)ol)ing police officers. Dnnuall- there are approximatel- EE

policerelated murdersO of those EE murders 3G percent of them are of Clac people. ,hat is 1?' 2"ac# peop"e s"ain !y po"ice

officers each year$ This does not even inc"ude the murders that o unreported or

s&ept under the ru, &hich &e #no&, reard"ess of ho& much &e try to deny it,

occurs$ The num!ers sho& &hom those "a&s protect, and its not the 2"ac# minority$

These "a&s are enforced as a &ay to persuade the easi"y deceived &hite ma+ority that

racism is nu"" and void and that the system &e "ive in serves and protects the "ives

and rihts of a"" peop"e$ 3e"", a"" peop"e in this nation &ere not ens"aved$ Dll people in this

nation are not o)errepresented in prison populations. Dll people in this nation do not ha)e to sell drugs to pro)ide for their impo)erished families. Dll people in this

nation do not ha)e to rel- on go)ernment assistance to sur)i)e. Dll people in this nation do not fear or distrust the police. And a"" peop"e in this

nation do not have to constant"y "oo# over their shou"der !ecause they dont #no&

&hat minute of any iven day cou"d !e their "ast$

http://oberlinreview.org/7040/opinions/police-racism-dehumanizes-black-youth/





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