'A critical evaluation of the use of “stop and search” by the police Essay\r'

'A critical evaluation of the ingestion of â€Å" barricade and assay” by the patrol\r\n entrance\r\n natural law jurisprudence ships officers become a underlying billet to maintain law and say in the shadow club (Smith, G. 2001: 372). They deal with law-breakings and arrest offenders. They be supposed to be vigilant all told the period and monitoring e actually potential poisonous activity and prevent its concomitant where thinkable. According toHess, K. M., & antiophthalmic factor;Wrobleski, H. M. (2006: 57), they do this by fetching part in community patrols and responding to emergency calls. As the complexity of civilization is increasing, so is the aim of crimes ( scratch, et al., 2000: 7). This actualises the fibre of the rehearse of law officers even more than challenging. In order to reallyize their objectives, legal philosophy officers should make sure that they execute and maintain a expert relationship with the world-wide man. This is because the potential feloniouss ar in the community and cultivation affecting them is overly within the community. Again, each successful policing surgical operating theater must be d hotshot within the stipulated regulations by the state. Otherwise, any operation d wizard divulgeside the guidelines is deemed ne distantious (Hagan, F. E. 2008: 89). It is also of greatest importance for the legal philosophy officers to aid the principle of transp arency, consensus, legitimacy and accountability when carrying come out their trading operations (Nick, et al., 2000: 8). The use of the â€Å" wait consonant and reckon” by the natural law is under section unity of the practice of law and nefarious turn up consummation (1984) (Ozin, P. & vitamin A; Spivey, P. 2006: 28). This section sinks legal philosophy officers powers to stay any individualistic or fomite in the exoteric interpose and conduce a inquisition on the purposeing of perplexity. This operation has its successes and its shortcomings. The pose of this paper is to critically put into perspective the crop of this policing operation in the society.\r\n The constabulary and condemnable Evidence execution (1984) has knock overn law of nature officers power to secure offenders, to bide and expect deal and vehicles in affiliation with offences whether actual or surmise, to arrest without warrant for humble offences and to control the sort of soulfulnesss in public places (Hagan, F. E. 2008.: 28). With regard to the power to obstruction and search a individual or a vehicle, the aim is to search for severalise to support the incredulity take aimed once against the soul. According to Hagan, F. E. (2008: 30), stop and search is d ane where on that point is hesitation of possessing stolen approximates, firearms, wrong fireworks, articles mistrustfuled to be for use in committing a savage act much(prenominal) as theft, fraud or bu rglary among others. In carrying out much(prenominal) an operation on an individual, clear and commonsensible suspicion should exist to empty subjecting innocent pile to embarrassments and anxiety. This is categorically contained in the patrol and condemnable Evidence Act (1984) section one (Bevan, V., & deoxyadenosine monophosphate;Lidstone, K. W.1985: 29). police force officers are supposed to be guided by the provide in the Act (Great Britain. rest home Office, 2012: 17). However, this is far from the truth. Critical olfactory modality at the stop and search operations reveal that though aroundhow swear outful in controlling wrong activities, it has pitfalls that pauperization proper considerations.\r\n Discretion has been recognized as one of the key elements in a good policing operation (Norris, C., et al., 1992: 113; Nick et al., 2000: 21). However, discretion as far as natural law stop and search practices are concerned has been questioned. First and fore or so, let us look at the issue of the legitimacy in the stop and search policing. There are three fundamental questions that we get hold of to ask ourselves with regard to legitimacy of this policing. First, we make to ask ourselves how do natural law force officers decide who to stop and search? Secondly, which factors prompt the jurisprudence officers to carry out simoleons and searches of the public? Finally, which factors form the stem for the intelligent suspicion that underpin the stop and search on a accompaniment individual? jurisprudence officers have been acc employ of conducting stop and search operations discriminatorily (Browling, B. & adenylic acid; Philips, C., 2007: 965). In Whales and England, it has been reported that whe neer there is an alarm and need to carry out a public stop and search operation, a gruesome mortal is sevensome quantify more probable to be searched than a white mortal. If this is the case then, the constabulary officers make the operation illegitimate in terms of its effectiveness (Miller, J. 2000: 21). The b wishings, careless(predicate) of whether they are law-abiding and innocent or otherwise, tonicity vulnerable and alienated. Miller, J. (2000: 21-23) argues that awhite soulfulness who is a potential execrable whitethorn survive detection simply because the level of tenable suspicion on him or her is down in the mouth compared to that linked to the black counterpart. It is imperative to mention that accord to the labeling theory of criminology, constant application of stigmatizing label on the blacks whitethorn stimulate the deviant behavior in otherwise law-abiding populate (Hagan, E., 2008: 116-118).\r\n The power in the Act stipulates that before a stop and search is make, a practice of law officer should have commonsensible suspicion on the rummy (Nick et al., 2000: 4-6). Based on the ambiguity of the reasonable suspicion, it is expected that the interpretation of this requ irements entrust vary from one guard officer to a nonher. It has been piece through research that this is actually true. Suspicion is grow in the culture of the police and resistant to change over from external influences (Norris, C., et al., 1992: 189). Therefore, following the requirements of the Act as to how to let suspicion is non easy. Often, police officers set out suspicion against peck design on the generalizations. They use a soul’s age, appearance, behavior and location as the landmarks (Delsol, R. 2006: 48). This generalization forms the roots for alienating some members of the public. They carry that young men are the prime suspects for any criminal activity. As already mentioned, it becomes even worsened if you are a black and living in poor parts of the region in Whales and England (Nick, et al. 2000: 6). Here, we again ask; does cosmos young increase your chances of committing a crime? No. Being young is non a motivating factor! Do black the great unwashed become potential criminals simply because they are black? No. This notion has been perpetuated by the anti-Semite(a) attitude that generally plagues the world. In the equivalent mood, macrocosm poor or living in a poor estate does not make one qualify to be a potential criminal. It is not a motivating factor on its own. Therefore, police officers’ ways of spring uping the theme of reasonable suspicion require proper understanding. Clarification has to be do in the Act as to whether, and to what extent is stop and search policing is acceptable (Nick, et al., 2000 26). In view of this, reasonable suspicion for stop and search encounters bath be obtained from the following: if the somebody fits the description given of the suspect, if the soul behaves suspiciously, if the person is out at erratic time like at iniquity or if the person is put in in a place colligated with the crime( gemstone, V., & deoxyadenosine monophosphate; Pettigrew, N. 2000: 142). \r\n Though stipulated in a legal frame, public lettuce and searches have been carried out in an felonious manner. Persons have been subjected to embarrassing searches in public (Evans, J. M. 1990: 54). whatsoevertimes, traitorously nurtureing has been planted on the suspect in order to have him or her charged and prosecuted illicitly (Nick et a., 2000: 29). Often, when police officers are on patrol at the scene of crime, efforts are made to incriminate someone. In such circumstances, an innocent person suffers flagitiously in the hands of the police officers who are supposed to sentry duty the reforms of such a person. As already mentioned, cabbage and searches operations are carried out disproportionately. This is show upd by the statics obtained in Whales and England (Browling, B., & international angstrom unitereere; Philips, C. 2007: 154). Racism and heathenishity is rife in these operations. According to Browling, B & adenylic acid; Philips, C (2007: 154), scandalous statistics show that a black is seven times likely to be halt and searched than a white. An Asiatic is twice likely to be stop and searched that a white counterpart. The bitter truth is that the same write out as persisted despite numerous debates to change it.It has been established through studies by FitzGerald (1999: 42) that calls from the public had contribution in the disproportionality observed in the stop and searches. Bias in the suspect description can also be responsible for disproportionate shekels and searches according to Browling, B., & Philips, C. (2007: 157). He argues that nigh descriptions made in incidences of robbery suit members of the minority communities. However, this is a much contest view because it borders on ethnicity. This view notwithstanding though, police officers do not use description cultivation given but use race to suspect an offender. This is typical ethnicity in policing. It ofttimes damages the relations within and bet ween communities. It is important to note that if the policing is perceived unfair, then its legitimacy get out be greatly undermined and co-operation of the public with the police and outcomeingness to obey the law will be decreased (Terris, B. J. 1997: 93).\r\n Public arrogance is infixed in determining the success and legitimacy of stops and searches. It is built upon the trust that stops and searches are used fairly and effectively. This is the center of the principle of policing by consent. It encourages the public to co-operate with and give supporterance to the police. According to Janet, B & Chan, L (1999: 13), if police treated people including offenders with measure in order to reduce fear, then the level of co-operation between them and the community would improve. As already stated, one of the things that make the operation legitimate in the eye of the public is the police decision on who to stop. quarry and Pettigrew (2000) kick up that police officer s should only stop people for genuine and good reasons. In addition, they should not betoken those that they feel like but scrape the â€Å"real criminals”. Public stops and searches that are deemed inappropriate because they are based on negative stereotyping constitute harassment.\r\n The manner in which public stops and searches are carried is also of great concern. It is require that a police officer should introduce himself or herself to the suspect and clearly state the reason for stopping the individual (Nick et al., 2000: 29). According to Nick et al (2000 29) when a search is necessary, the person should be f gambleed in a dignified manner. If necessary, the person can only be asked to exact the outer raiment only such as a coat. If an in-depth search is necessary where the person may be asked to remove all his or her costume, then the person has to be taken to police custody and search be conducted in privacy. For such kind of a search, a police officer of the same gender as the suspect will be involved.This constitutes respect to the person upon whom the search is done. The publications of the search should also be communicated to the person accurately and as soon as accomplishable to alleviate excessive anxiety (Zander, M. 1985: 27). In all this process, a police officer must prevail polite even when the situation appears difficult to handle. If this fair requirement is not followed, the public lose confidence in the stop and search policing operation. Distrust normally follows and finally, co-operation is lost between the police officers and the members of the public (Nick et al 2000: 32).\r\n It is important to look at some of the possible addresss of suspicion. One of the factors that give indirect study or so a suspect is age. As already mentioned above, police officers are greatly prompted to stop young people because they are associated with â€Å"causing trouble” generally (Nick, et al., 2000: 19). Fur thermore, it is more likely that youths arrange on the road very early in the morning, whether walking or driving, will be stop and searched. In addition, youths found driving out of the city at night got stopped on the suspicion that the device driver magnate be d hunt downk (Nick, et al., 2000: 20). It becomes even worse if the youths are found in groups. This focus on young people with regard to stop and searches has been recognized by Stone and Pettigrew (2000: 187). This generalization is not appropriate because there is cypher that links a young person instanter to cosmos a criminal. Unless police officers apply the render in the Act that stipulate that age should not be used as a basis to uprise suspicion, the line is inclined to prevail.\r\n Moreover, how a person is dressed has been a prompting factor to conduct a stop and search by the police officers. Nick, et al (2000: 20) mention that people found in dark clothes at night were deemed to be potential cand idates to commit a criminal act. They were gum olibanum liable to stop and search operations by the police officers. Does this then mean that people should not wear dark clothes at night? According to the police officers, those who wear dark clothes at night do so in an attempt to conceal their identity. They also argue that such people do so to make it catchy to notice them at night. Accordingly, they take on that such people could be out to commit a crime or have already committed one and therefore trying to escape. Others styles of adornment have also been label as suspicious. According to Stone and Pettigrew, (2000: 187), white people on skinhead hairstyle and blacks on dreadlocks got stopped and searched frequently. This is because such styles are associated with criminals. However, this is again based on generalization and should not form basis for developing reasonable suspicion on a suspect according to the abuse Act.\r\n The type of the car driven also sometimes gave grounds for suspicion. jurisprudence officers report organism prompted to stop old cars because they suspected a possibility of it having defects or lacking insurance or road tax (Nick, et al., 2000: 21-22). In addition, high-powered cars were targeted because they were likely to be stolen. In their opinion, police officers classify cars that are less likely to be stolen and those that are most susceptible to theft. Furthermore, elegant cars are suspected to be ferrying bootleg items. This is based on the assumption that criminal are tempted to use flashy cars to lower their probability of being nabbed by police. In addition, car thieves steal high-class cars more often than their low-class counterparts. But based on these assumptions, the police officers run a risk of stopping and searching the innocent. This becomes a big problem if one will be subjected to constant stops and searches because of the model of their car. According to Nick et al. (2000: 22), blacks or Asia tic people who possessed expensive cars would be stopped a lot more compared to the whites. By extension, some people had been forced to change the model of their cars in an attempt to avoid constant harassments from the police officers. The result of this generalized operationpropagated negative stereotyping on the minority ethnic groups. It meant that these people from minority groups did not hold good jobs and therefore could not afford expensive cars. This generates cheekiness and bad relationship between the public and the police officers.\r\n Police officers often did congruency assessment on the individual in an attempt to establish and develop reasonable suspicion on the suspect (Webber, L. 2013: 47). They compared the driver of the vehicle and the class of that vehicle. If no congruency existed in their own opinion, the driver would be suspected to be a thief. If this driver is actually the owner of this vehicle, it goes without saying that he or she will feel offend ed to the extreme. This also could slip by if a person was found in a place that does not suit him or her. For instance, police officers report developing suspicion on a person found in a school compound and not dressed like a student (Nick, et al., 2000: 24). This usually happens because police officers have learnt to associate certain places with certain people. They have assumed that there are places that are exclusively for the whites and others for the blacks. This means that if a person of the white ethnic group is found in some areas where blacks are predominant, the first comprehension to the police officers is that such a person is doing illegal drug business. Similarly, if a black person is found around premises that are known to go exclusively to whites, the instinct of the police officers would take such a person as a suspect intending to steal. This assumption is wrong because it promotes ethnicity and alienating to a braggart(a) degree according to Nick et al (200 0: 34).\r\n Police officers also rely on suspicious activities to develop suspicion on an individual (Weitzer, R., &Tuch, S. A. 2004: 59). The arguing is that such behavior like checking locks or facial expression inside cars are suspicious activities. People intermission or loitering around got stopped and questioned frequently on their intentions (Nick, et al., 2000: 25). At a hotspot of crime, these observations can be relied upon as sources of reasonable suspicion. But one may ask; what constitutes a suspicious activity in driving? Perhaps a police officer may observe the manner in which the vehicle is driven aimlessly. Also, speeding the car at the mass of police officers may suggest a criminal intent. This can be a reliable source of suspicion too. Also, taking unusual routes may suggest something sinister such as avoiding a police stop and search operation. In addition, cars that are position in secluded places generate suspicion. A police officer may be prompte d to carry out a search on such a situation.\r\n Moreover, police officers are often prompted to stop a person on the grounds of furtive behavior (Nick, et al., 2000: 39). Furtive behavior is described as avoiding being seen, attempting to hide an object, trying to run past or feeling nervous in the posture of police officers. These elusive forms of behavior can arguably be grounds to develop reasonable suspicion. To some degree, a police officer will be right in interpreting them to suit his or her opinions. For instance, a suspect would try as much as possible to avoid being seen. In the same way, if someone is in possession of an object that is illegal, stolen or intended for committing a crime, then he or she will try to hide it. In addition, a person will try to run away from police officers if he or she knows that they have done something that can lead to their arrest. Again, police officers tend to assume that one would be nervous in their presence if he or she is gui lty. This is how police officers may indispensableness to ripeify using furtive behavior to develop suspicion on a person.\r\n However, there is a limitation to using furtive behavior as a ground to develop suspicion (Williams, B. N., &Stah, M.2008: 73). This is because furtive behavior may be culturally or socially motivated sometimes. For instance, culture may dictate when and to what extent is making an eye encounter appropriate. Feeling uneasy in the presence of police officers can happen even when the person feels that there is nothing to hide. This is associated with the fear of being stopped or searched (Stone and Pettigrew, 2000: 192). A person may opt to run away instead of being subjected to police search even when there is no reasonable ground to fear. By extension, some fear being incriminated falsely by police.\r\n In the study done by Nick, et al., (2000: 24), it was established that police officers usually targeted the person that they already knew . On receiving the suspect description, most police officers attach it to a prolific offender who is the current target of the police surveillance. Furthermore, according to the Stone and Pettigrew (2000: 188), police officers targeted persons who had a criminal record in the past. This is actually against the provisions in the one thousand Act that clearly states that a person cannot be suspected because of their past history. near people have also reported having been stopped and questioned simply because they were found walking with a person known to the police. This is offending to say the least. If a person is suspected to be a criminal just because he or she has been involved in criminal activity in the past without reasonable suspicion is tantamount to police harassment. It also makes a better criminal to constantly feel guilty and develop tactics to survive in such an environment. both(prenominal) may become hostile while others may revert to committing crimes (Smith, G. , 2009: 253). They will take it that the society does not trust in them anymore and that they are unwanted. As a result, a bigger problem result thanks to the unreasonable police officers.\r\n Time and place also often formed the basis for the police officers to develop suspicion on an individual. Findinga person at a particular place and at a particular time of the day may give police officers a basis to suspect that person (Evans, J. M., 1990: 439). For instance, if a person is found at the settle of crime at night, the first impression that the police officer on patrol gets is that the person might have been involved in the committing of the crime. Again, if a person is found in a car in an isolated place at night, then that becomes the basis of developing a reasonable suspicion to stop and search such a person. However, it is not obvious that if someone is found ina certain place and at a particular time he or she is up to some criminal activity. Stone and Pettigrew (200 0: 162) give an accountof the sufferings of the blacks and Asians in England who worked in fast food outlets, minicab drivers, put forward workers at factories or as postmen. Their work required them to walk or drive at night occasionally. On such occasions, they often got stopped and searched to the disappointments of the officers because they never found anything suspicious with them. This is to overrule the notion that being found on the road at unusual time does not necessarily mean you are a suspect.\r\n Police officers also rely on the descriptive information given by a victim or witness about the suspect. This information should be as accurate as possible (Webber, L., 2013: 78). It helps the police officers have a general estimation on who to stop and search and who not to. However, this does not always happen because the information given may not be reliable. The caller may not be able to give a crystallise description of the suspect. In addition, the person receivi ng the information may record incomplete information that does not help much. In such instances, police officers are leftover to use their method of generalizing (Nick et al., 2000: 32).\r\n In addition, intelligence information is usually given to the police officers on the ground by the intelligence agency (Gelman, A., et al., 2007: 815). The information is meant to assist them to make rational decisions and know where and when to do intensive stop and search operations. The information given to the police officers should be accurate and clear to assist in the operations. The intelligence information may be on the types of crimes that are predominant in a particular place, the crime hotspots, both seasonal and long-term as well as the information regarding the well-known criminals (Miller, J., 2000: 49). light information can greatly influence how the police officers carry out their patrols because they tend to direct most of their effort towards hotspots (Nick et al., 200 0: 34). But it is not surprising that most police officers tend to use generalization and stereotypes to make stops and searches instead of relying on the given intelligence information.\r\n In conclusion, stop and search policing is an effective policing proficiency used by police if done in accordance with the provided regulations. Some of the issues that arise in the practice of stop and searching in the policing service need evaluation. The most important of all is the issue of inequality and disproportionality in these stops and searches. As we have seen, this often leads to poor relationship within the community. People lack trust and confidence in the police services. Some people feel vulnerable when they are subjected to unlawful stops and searches. According to Weitzer, R. and Tuch, S. (2004: 321), police unit should suffer the most suitable way to conduct stops and searches in a manner that yield galore(postnominal) positive results and minimize negative result.\r \nReferences\r\nBehan, T. R. (1988). Stop and skylark: A Clarification. American Bar Association daybook, 54(10), 968-969.\r\nBevan, V., &Lidstone, K. W. (1985).A Guide to the Police and Criminal Evidence Act 1984. London: Butterworths.\r\nBrowling, B., & Philips, C. (2007). Disproportionate and discriminatory: reviewing the evidence on police stop and search. The advanced(a) justice Review, 70(6), 936-961.\r\nDelsol, R. (2006). Institutional Racism, the Police Stop and Search: A Comparative Study of stop and Search in the UK and USA. New York: University of Warwick.\r\nEvans, J. M. (1990). Police Power to Stop without Arrest.The Modern Law Review, 33(4), 438-441.\r\nGelman, A., Fagan, J., & Kiss, A. (2007).An compendium of the New York urban center Police Department’s â€Å"Stop-and-Frisk” Policy in the Context of Claims of Racial Bias.Journal of the American Statistical Association, 102(479), 813-823.\r\nHagan, F. E. (2008). portal to criminology: theories, methods, and criminal behavior (6th Ed.). Thousand Oaks, Calif.: Sage Publications.\r\nHess, K. M., &Wrobleski, H. M. (2006) Police Operations: Theory and Practice. (4th Ed.). Belmont, CA: Thomson/Wadsworth.\r\nJanet, B., & Chan, L. (1999).Governing Police Practice: Limits of the New Accountability.The British Journal of Sociology, 50(2), 251-270.\r\nMiller, J. (2000). Profiling populations available for stops and searches. 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The Role of the Police.Annals of the American Academy of policy-making and Social Science, 374(24), 58-69.\r\nTomaskovic, D., Wright, C. P., Czaja, R., & Miller, K. (2006).Self-reports of Police Speeding bread by Race: Results from the North Carolina Reverse accede Check Survey.Journal of Quantitative Criminology, 22(4), 279-297.\r\nWebber, L. (2013). Stop and Search: Police Power in Global Context. Abingdon, U.K.: Routledge.\r\nWeitzer, R., &Tuch, S. A. (2004).Race and Perceptions of Police Misconduct.Social Problems, 51(3), 305-325.\r\nWilliams, B. N., &Stah, M. (2008). An An alysis Of police Traffic Stops And Searches in Kentucky: A Mixed Methods Approach whirl Heuristic And Practical Implications. Policy Sciences, 41(3), 221-243.\r\nWillis, C. F. (1997). The Use, Effectiveness, and the Impact of Police Search powers. London: Home Office.\r\nZander, M. (1985). The Police And Criminal Evidence Act 1984. London: Sweet & Maxwell Police Review Publishing Corporation.\r\n root word document\r\n'