Tuesday, August 13, 2013

Stop and Frisk vs. The Constitution




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As I've sat patiently on the sidelines listening to the protest against the NYPD's Stop-n-Frisk policy over the years I have to admit that I, yes me an ordinary person, know the truth about whether the policy is fair or not. I know why crime has really went down since the second term of Mayor David Dinkins. I know why they use the policy claiming it is fair when they know that it is not.
In order to understand fully this sad situation in New York City we must first understand the importance of the US Constitution. The Constitution is the foundation of this, our country's government. It gives us us rights which protect us from our government invading our privacy, searching and seizing us or our property. It is supposed to ensure that the government doesn't violate those rights afforded us in the Constitution. Many people however do not use the Constitution to keep the NYPD and other police agencies in check.
Even if the NYPD keeps using this sad policy if they arrest a person for having contraband they can fight and beat the charges in court. Last time I checked one hearing they can request is a Mapp hearing to determine if the evidence was obtained legally. If found to be illegal then the whole case will be thrown out.
Now the reason they say that the numbers show that this policy works is not exactly true nor fair. By keeping this policy in place it ensures that many people who would probably walk around with guns and/or other contraband will not because their chances of getting caught are greater. However, the collateral damage is just not worth it. Constant police presence with out violating our rights is enough to deter crime. They just like using the Stop-n-Frisk style surge to instill much more fear. Since about 88 to 90 % of the STOPS turn up nothing and the rest are usually persons with no ID or minor forms of contraband we must ask is it worth giving up our rights. Ask as well the stats on how many murders go unsolved in New York City. Maybe they are afraid of going after real criminals and use this policy with the hopes of either catching real criminals by chance or just making it appear that they are doing such a great job keep the city safe.
Fact is that the culture of NYC has changed much since the 90s. Children and teenagers are now growing up indoors more than they were 20 years ago. This means thye they are less likely to be outside getting into trouble.

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