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Federal Judge Rules NYC "Stop and Frisk" Violated Rights
In a mixed ruling for Fourth Amendment rights, a federal judge today ruled that NYC's Stop-and-Frisk program violated constitutional rights due to disproportionately targeting minorities. However, despite the program being unconstitutional in its current form, it will not stop. From the New York Times: " Judge Scheindlin also ordered a number of other remedies, including a pilot program in which officers in at least five precincts across the city will wear body-worn cameras in an effort to record street encounters. She also ordered a 'joint remedial process' — in essence, a series of community meetings — to solicit public input on how to reform stop-and-frisk. ... The Supreme Court had long ago ruled that stop-and-frisks were constitutionally permissible under certain conditions, and Judge Scheindlin stressed that she was 'not ordering an end to the practice.' But she said that changes were needed to ensure that the street stops were carried out in a manner that “protects the rights and liberties of all New Yorkers, while still providing much needed police protection.' ... The judge found that the New York police were too quick to deem as suspicious behavior that was perfectly innocent, in effect watering down the legal standard required for a stop. "
The ruling itself (PDF). Bloomberg is furious about the decision, and the city, naturally, intends to appeal.
Because focusing your suspicions on someone based on their socio-economic conditions (wealth, race, family, friends, etc.) as they relate to a specific crime is a very, very different matter from *detaining* someone based on those criteria.
Self-fulfilling prophecy for one thing. If cops believe the majority of crimes are committed by cubans, and spend 90% of their time in cuban neighborhoods frisking cuban immigrants then 90% of their arrests will be cubans. This will serve as a confirmation bias to further harass cubans, because 90% of criminals are cubans.
Stop-and-frisk has one aim: Keep certain groups in fear and make sure they do not organize or start defending themselves by strongly implying that they have no rights and that their privacy can be invaded at any time and without any reason. It is a tried and true tactics, optimized by the Nazis and in Stalinism, but created much earlier.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
Not to mention the negative effects that such behaviour would have on the cuban areas and on the mentality of the people living in them, which then makes it more likely that they will live up to the stereotype that has been formed of them.
Think about it... black people are -no- different to us in any way except their appearance. The number of people that escape that trap and become highly successful proves it. So what's different? The people that are like that are like that for no reason other than they have grown up believing that is the slot in which they are placed.
Plus there are plenty of equivalents in every other population group... but the ones that look like you blend into the crowd while those that look different stand out. Therefore you ignore the first and focus on the latter, falsely believing only the latter exist.
I've always wondered how something can be racist if it is true.
Because complaints of "racism" is now how you stop people from telling the truth.
13% of the U.S. population is black but they commit 50% of all murders and 55% of all robberies. But that's just the national average. In some areas it's much worse. In Chicago for example, blacks and hispanics combined are responsible for 96% of all murders. In St. Paul, Minnesota the population is 13% black but they are responsible for 70% of all crimes.
And so on, and so on . . . . . . .
When minorities stop committing a disproportionate amount of crime the police will leave them alone.
That doesn't really work with murder and gang violence. You can't hide gunshots and dead bodies from society. You can massage arrest stats and crime stats for drugs, gambling, prostitution, and even burglaries and auto-theft. Let a few prostitutes go because it's not worth the hassle. Knock down some felony thefts into petty larceny.
Ever seen an arrest sheet for a kid who fires at police with a gun? Kids in gangs have huge arrest sheets. Dozens of violent arrests but all knocked down to minor crimes. It hides the stats and makes NYC look safer. Then these kids get out into the streets and eventually are killed by police after a few robberies, murders, and rapes. All the gang violence by kids like Shaaliver Douse and Kimani Gray are hidden from society until it is too late.
But you can't realistically turn a murder into something else unless you really stretch the truth. You can't say that a dead body filled with bullets was a suicide or a hunting accident in NYC. So these magic fake stats that the police use rarely apply to murder. A body is a body. We are seeing this with the Ft. Hood mass shooting. Obama refuses to call it terrorism because it counts negatively towards his anti-terror stats. So he classifies that as 'workplace violence' when an admitted terrorist is firing into crowds of people screaming 'Allah Akbar'.
The reason why police profile certain races, certain age groups, certain dress types, and other attributes and behaviors, is that those help them narrow down the likely perpetrator of a gang crime. Gang violence in NYC, LA, Detroit, Chicago, is what causes the majority of street murders. Stop and Frisk was meant to profile gang members and then allow police to search them for weapons. It's solved a considerable number of murders. And prevented a considerable number of murders.
The majority of murders solved and prevented by Stop and Frisk have been of black victims. Because black on black crime is almost an epidemic in large urban areas in the United States.
Sorry for replying to my own post...
>> In my view, police-eye view cameras should be completely mandatory.
For clarification, the footage should be available to everyone as part of their own defense. If you are accused of a crime, the police must give you the footage in exactly the same way other evidence must be made available. It doesn't matter the crime, even failing to signal for a lane change, or whatever else. Along the lines of "pics or it didn't happen".
This should also include the entire transaction inside police 'interview' rooms. If they invite you inside for a little chat the entire video should be available to you and your lawyer. Many times police will coerce a 'confession' out of somebody through dubious means, the mandatory video would prevent false claims and help eliminate bad cops. Everybody wins.
Cameras are so cheap that police policy should be that all police interactions are recorded. If the cop claims he saw you do something then it should be on the glasses camera. If the video is missing from the record, the police shouldn't prosecute and juries should have a serious question of "Why did the cop not generate a recording of this? What is the cop trying to hide?"
This is different from a surveillance state. It is not "big brother watching you." It is watching big brother. As the NYT article linked to describes, when people fraudulently claim police abuse they give up after seeing the tape. On the other side, after police see their mistakes they will drop the cases because they know they'll lose in court, and become better and more honest cops.
Everybody wins.
//TODO: Think of witty sig statement
Well, if the idea is that you should stop and frisk the people who are most likely to be committing crimes, then at least in Chicago, you would absolutely justified in stopping and frisking every city official.
I seem to recall that a Chicago city official is something like 17 times more likely to be convicted of a felony than the average Chicagoan. That exceeds any racial or ethnic basis for crime statistics by a wide margin. That's even greater than the likelihood that the perpetrator of a violent crime will be a man instead of a woman.
Yes, that's a very good idea to start profiling city officials.
You are welcome on my lawn.
What's really sad about this is that the act of frisking anyone without any fact-based suspicion is not considered a violation of the constitution. It's only the racial bias in the ways the stops were performed that makes it illegal.
The real "Libtards" are the Libertarians!
If you're interested in crime prevention and care equally about all citizens, you'll have to insist that police should spend more effort protecting blacks. That requires good relations with the community, to get tips about who's running the crack house and whose kid is at a turning point. The police won't get those good relations by stopping people at random and treating them like convicts or airline passengers.
Thank the move away from requiring mens rea and toward strict liability in recent laws for this. Because, you know, it's easier to prosecute if the perp had no knowledge of, or intention of, committing a crime. We need to fill up those for-profit prisons, and disenfranchise as many voters as possible, and there are only so many actual criminals out there.
If you want a vision of the future, imagine a youtube comments section scrolling - forever.
Laws have to be applied equally to every group. When 87% of the people stopped and frisked are young Black or Hispanic males would suggest that these two groups were singled out and that may be illegal.
Relying on raw numbers like that to draw assumptions is dangerous and may mistake the cause for the effect. You can get the same numbers from completely innnocent events- one example I can think of is if there was a crime wave in a particular area which the police are focusing on quelling. The police may, acting in good faith treat everyone in that area the same regardless of race but that area just so happens to be predominantly populated by Blacks and Hispanics. In those circumstances it would not be surprising if a larger number of the arrestees slant towards Blacks and Hispanics.
What I'm saying is that looking at pure percentages is deceptive if we don't take into account the context in which that figure was calculated or arrived at.
So now the cops will just do 'fake' s&s's on a whole bunch of white people to make the overall percentages more reasonable.
By 'fake', I mean the cop will stop a random white person, say they want to do a s&s, maybe touch the person on the shoulder, maybe ask to look in their purse, and they are on their way [unlike the regular full ball-sack fondling search].
This will have to dual effect of technically meeting the requirement of not solely targeting minorities, and making white go "why are they complaining about these searches? I/someone I know went through one of these searches and it was trivial."
Sleep your way to a whiter smile...date a dentist!