The Enforcement Of Stop And Frisk Essay examples

The Enforcement Of Stop And Frisk Essay examples

Length: 1011 words (2.9 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Stop and Frisk
The enforcement of stop and frisk laws in New York City reflects Emile Durkheim’s theory of the relationship between law and society because the abandonment of stop and frisk laws demonstrates a shift in the collective conscience of the United States.
Durkheim in this theory asserts that law is a reflection of the collective conscience of society. Durkheim defines collective conscience as a general consensus on what society has deemed as social norm. This concept of collective conscience is observable through the law, due to the fact that laws are a reflection of what society thinks is immoral and wrong. As the social norms, or collective conscience changes so does the law. Durkheim also believes that crime is a healthy part of society for the response to crime is punishment, and it is through punishment you can see the collective conscience. This is because Society has agreed on what is unethical and illegal, therefore if you do these things you must be punished. Society then has agreed on what the punishment is as a whole therefore, these decisions show how the collective conscience is a working and a functional part of society.
Stop and frisk was first enacted in 1964 and was created to prevent gun violence (Kabakova, 2). The idea behind stop and frisk is that a police officer can stop and “may arrest a suspect only if they have probable cause to believe that he committed a crime” (Toobin, NYT, 5/27/13). A police officer just has to suspect someone is doing wrong in order to stop someone, and while this law had good intentions this idea of probable cause has caused problems with the enforcement of the law. Probable cause is very ambiguous and it gives police officers a lot of discretion, which is why this l...

... middle of paper ... and frisk laws in New York City reflects Emile Durkheim’s theory of the relationship between law and society because the abandonment of stop and frisk laws demonstrates a shift in the collective conscience of the United States. Durkheim’s theory of the collective conscience is an important one for it allows the general public to see how laws are a reflection of their thoughts and opinions. Therefore, when laws become outdated they can be changed. This is important to note because laws should change with times. Things like slavery, Jim crow laws, and women rights issues have all had drastic changes in how the law affects them because the collective conscience on those issues have changed. So though stop and frisk only effected a small part of the United States population this idea that the laws are changed when the collective conscience change is an important one.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Stop, Question and Frisk Policy Essays

- The stop, question and frisk policy is one of the most widely known controversy in the whole of New York City for the past years. Since its creation, the ongoing conflict between the New York Police Department and the citizens has never been resolved. There were several attempts to prevent the use of this policy, but all were unsuccessful. The main idea of this paper is to show how stop, question and frisk became a conflict between the New York Police Department and the citizens of New York State....   [tags: NYC law enforcement, broken window theory]

Better Essays
823 words (2.4 pages)

The Stop and Frisk Policy of the NYPD is Not Justifiable Essay

- 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....   [tags: Stop and Frisk]

Better Essays
2285 words (6.5 pages)

Terry vs. Ohio: Stop Question and Frisk Essay

- 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....   [tags: law enforcement policies and procedure]

Better Essays
675 words (1.9 pages)

Stop and Frisk Essay examples

- Law Enforcement policy is designed to help law enforcement agencies cut down on the amount of crime in communities and give structure to the agency. It also helps lessen the number of certain cases in certain areas, as well as from a certain group of people. There are several policies that I disagree with, but there is one policy I will be discussing. Law enforcement officers sometimes stop and frisk people based on gender, race, financial status, and social ranking. It is a very controversial issue because anything dealing with race and ethnicity can cause a lot of disagreement and discord....   [tags: Police Policy, Racial Profiling]

Better Essays
925 words (2.6 pages)

The Stop And Frisk Policy Essay

- The stop-question-and-frisk program, also known as “stop-and-frisk” is a policy that was enacted in New York. In this policy, law enforcement has the right to stop and question a pedestrian and frisk them for weapons or other illegal items. Based off of statistics, legalities, and responses from the communities that have experience with this policy, the stop and frisk policy has little effect in combatting crime and increasing the safety of citizens. One of the biggest issues involved with the stop and frisk policy is whether the policy itself could be considered constitutional....   [tags: Crime, Police, Law, Race]

Better Essays
914 words (2.6 pages)

The Stop And Frisk Program Essay

- Literature Review The stop and frisk program is a concept that has been employed in the New York City for some few decades not. The program was conceptualized after a careful consideration of the crime rates increasing in the city. As such its core function has been to promote a crime-free society within and in the city. However, the program has had mixed feeling from various stakeholders especially the civilians who have filed complaints with Civilian Complaint Review Board (CCRB) against NYPD police officers....   [tags: Police, Crime, Police brutality, Police officer]

Better Essays
1093 words (3.1 pages)

Stop and Frisk Violates Constitutional Rights Essay example

- There should not be people who abuse their power through the law; however, in New York City (NYC) cops are using their authority in a negative way. Mayor Michael Bloomberg, 2009 to 2013, implemented a policy called stop and frisk where the New York City Police Department (NYPD) has the right to question and search anybody who looks suspicious. Because of this act in NYC, many men and women, especially of color, have protested against the policy. In addition, the Pierce County Tribune’s article “Stop and Frisk Practice Ethically, Morally Wrong” by Bryce Berginski argues that stop and frisk violates the fourth and fourteenth amendment....   [tags: Constitutional Rights vs. Public Safety]

Better Essays
1042 words (3 pages)

What Are Stop And Frisk Essay

- What are Stop and Frisk. The situation in which a police officer who is suspicious of an individual detains the person and runs his hands lightly over the suspect 's outer garments to determine if the person is carrying a concealed weapon.One of the most controversial police procedures is the stop and frisk search. This type of limited search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and question the person....   [tags: Supreme Court of the United States]

Better Essays
2011 words (5.7 pages)

Stop And Frisk : A Controversial Police Practice Essay

- Stop-and-frisk has been a contentious police practice since first approved by the Supreme Court in 1968. In Floyd v City of New York, the U.S District Court for the Southern District of New York ruled that New York City’s stop-and-frisk practices violate both the Fourth and Fourteenth Amendments. In New York City, stop-and-frisk practices have generated strong debate on the wisdom and legality of these procedures. From January 2004 through June 2012, the New York City Police Department made 4.4 million pedestrian stops, of which over 80 percent were African Americans or Latinos (Rudovsky & Rosenthal 2013)....   [tags: Police, Constable, Police officer]

Better Essays
1759 words (5 pages)

Stop-and-Frisk Policy Essay

- The stop-and-frisk policy could be considered a big controversy facing New York in recent times. The whole concept behind this stopping-and-frisking is the police officer, with reasonable suspicion of some crime committed or about to be committed, stops a pedestrian, questions them, then if needed frisks the person. This policy started gaining public attention back in 1968 from the Terry v. Ohio case. A police officer saw the three men casing a store and he believed they were going to rob the store; this led to him stopping and frisking them....   [tags: controversy, police officer, racial profiling]

Better Essays
1063 words (3 pages)