Chapter seven focuses on many key aspects of policing but mainly on police deviance and racial profiling (Fichtelberg, 2021). Unfortunately these are very common occurrences within police forces all over the united states. In court cases such as Terry v. Ohio and Whren v. The United States, these issues are highlighted, whether anything was done about them or not.
Police Deviance includes an overwhelming amount of topics and issues such as the Us v. Them idea, the blue wall of silence, and over enthusiastic policing (Fichtelberg, 2021). All of which are regularly occurring. Corruption within a police force is also a very common issue; mooching, quid pro quo, and shakedowns are used in many cases but happens mostly to people of color (Fichtelberg, 2021). An example of corruption, specifically quid pro quo, within police would be the court case of United States v. McGowan, officer McGowan was making deals and taking bribes from drug dealers in order to keep down the competition and to keep them out of jail and he was put to trial and found guilty (United States v. McGowan, 1995).
Terry v. Ohio is a landmark court case addressing the issue of stop and frisk stops. Detective Martin McFadden was out one evening when he noticed three individuals who looked to be “casing” a jewelry store. He stopped them and searched them without a warrant under “reasonable suspicion”. Each person had a concealed weapon and were arrested (Terry v. Ohio, 1968). The court favored it in Ohio, but the real question is, was this a justified reason to stop someone? This case caused police a broader direction to stop and search individuals, which nowadays is a huge problem within society. Unlawful stops and searches have put many innocent people in jail.
Racial profiling is also a huge problem within the police force. This includes pretextual stops, and violations of the fourth amendment (Fichtelberg, 2021). Unfortunately, a lot of the time, police officers have an unconscious bias towards certain groups such as black and brown individuals. The famous case of Floyd v. The City of New York is a landmark case that led to the BLM movement and a more prominent idea of defunding the police (Floyd v. City of New York, 2013).
Whren v. The United States is another good example of racial profiling. This case involved two black men who were stopped by police for a minor traffic violation. The Supreme Court ruled that the officers did not violate the Fourth Amendment rights of the men, even though the stop was motivated by racial profiling (Whren v. United States, 1996). The decision has been criticized for allowing police to continue profiling under the guise of legitimate traffic enforcement.
Though the government and many others (citizens) have tried to fix these issues, they still persist. Police deviance is an underlying issue within the police officers themselves and seems like it will never disappear no matter what we try (Fichtelberg, 2021). The documentary shown in class is a prime example of that. Even though the city tried different tactics to create a more sound environment, they still deal with a horrific amount of police corruption. Will this ever stop?
References:
Fichtelberg, A. (2021). Criminal (In)Justice. SAGE Publications.
Terry v. Ohio, 392 U.S. 1 (1968). Retrieved from https://www.law.cornell.edu/supremecourt/text/392/1
United States v. McGowan, 58 F.3d 8 (2d Cir. 1995). Retrieved from https://casetext.com/case/united-states-v-mcgowan-12
Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013). Retrieved from https://casetext.com/case/floyd-v-city-of-new-york
Whren v. United States, 517 U.S. 806 (1996). Retrieved from https://www.oyez.org/cases/1995/95-5841
Police Deviance includes an overwhelming amount of topics and issues such as the Us v. Them idea, the blue wall of silence, and over enthusiastic policing (Fichtelberg, 2021). All of which are regularly occurring. Corruption within a police force is also a very common issue; mooching, quid pro quo, and shakedowns are used in many cases but happens mostly to people of color (Fichtelberg, 2021). An example of corruption, specifically quid pro quo, within police would be the court case of United States v. McGowan, officer McGowan was making deals and taking bribes from drug dealers in order to keep down the competition and to keep them out of jail and he was put to trial and found guilty (United States v. McGowan, 1995).
Terry v. Ohio is a landmark court case addressing the issue of stop and frisk stops. Detective Martin McFadden was out one evening when he noticed three individuals who looked to be “casing” a jewelry store. He stopped them and searched them without a warrant under “reasonable suspicion”. Each person had a concealed weapon and were arrested (Terry v. Ohio, 1968). The court favored it in Ohio, but the real question is, was this a justified reason to stop someone? This case caused police a broader direction to stop and search individuals, which nowadays is a huge problem within society. Unlawful stops and searches have put many innocent people in jail.
Racial profiling is also a huge problem within the police force. This includes pretextual stops, and violations of the fourth amendment (Fichtelberg, 2021). Unfortunately, a lot of the time, police officers have an unconscious bias towards certain groups such as black and brown individuals. The famous case of Floyd v. The City of New York is a landmark case that led to the BLM movement and a more prominent idea of defunding the police (Floyd v. City of New York, 2013).
Whren v. The United States is another good example of racial profiling. This case involved two black men who were stopped by police for a minor traffic violation. The Supreme Court ruled that the officers did not violate the Fourth Amendment rights of the men, even though the stop was motivated by racial profiling (Whren v. United States, 1996). The decision has been criticized for allowing police to continue profiling under the guise of legitimate traffic enforcement.
Though the government and many others (citizens) have tried to fix these issues, they still persist. Police deviance is an underlying issue within the police officers themselves and seems like it will never disappear no matter what we try (Fichtelberg, 2021). The documentary shown in class is a prime example of that. Even though the city tried different tactics to create a more sound environment, they still deal with a horrific amount of police corruption. Will this ever stop?
References:
Fichtelberg, A. (2021). Criminal (In)Justice. SAGE Publications.
Terry v. Ohio, 392 U.S. 1 (1968). Retrieved from https://www.law.cornell.edu/supremecourt/text/392/1
United States v. McGowan, 58 F.3d 8 (2d Cir. 1995). Retrieved from https://casetext.com/case/united-states-v-mcgowan-12
Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013). Retrieved from https://casetext.com/case/floyd-v-city-of-new-york
Whren v. United States, 517 U.S. 806 (1996). Retrieved from https://www.oyez.org/cases/1995/95-5841
