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Stop and Frisk Held to be Racial Profiling

This is a big deal, though certainly not the last word the courts will have on the issue:

U.S. District Judge Shira Scheindlin said the city police adopted a policy of "indirect racial profiling" by targeting racially defined groups for stops. The practice resulted in disproportionate, discriminatory stopping of blacks and Hispanics that the city's highest officials "turned a blind eye" toward. "No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life," Scheindlin wrote in her opinion.

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One must notice the history of Federal Judge Shira Scheindlin's decisions regarding life in Brooklyn.  She will probably become a target of the wild so-called conservative wing of the Supreme Court and Congress.  Probably, she will serve as a warning to the appointment of any federal judges who even vaguely resemble her in her concern for basic American rights contra a police state.

She obviously has to be related to Judge Judith Sheindlin (TV's "Judge Judy").  If she is, opponents are well advised not to mess with her.

Thanks for this post.  From a distance, it seems long overdue.

I understand why NYC cops might think it is just handier to "stop and frisk" young black and latino guys, however the ends do not justify the means.  Unless they have a real suspician that something is going on, they should not randomly stop and frisk.  Maybe they should read the Forth Amendment i.e., that Americans have the right to be secure in our persons and papers. 

Ooh - that darned Constitution - gets in the way of do-gooders sometimes!

:-)

 

Judge Shira Scheindlin is not related in any way biologically or judicially to a TV hack judge.  She's a great jurist with a distinguished career.  She has served the Southern District of NY well and hopefully will continue for many years in her Senior status.  

This Daily Show segment with Jessica Williams, Samantha Bee, a white panel and an African-American panel is must-watch for anyone who can't understand the basis for this ruling (Mayor Bloomberg, if you're reading, click on this link!).

http://www.thedailyshow.com/watch/tue-august-6-2013/the-r-word

(nb - this link works for me in IE, but not in Chrome for some reason)

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About the Author

Eduardo Moisés Peñalver is the John P. Wilson Professor of Law at the University of Chicago Law School. He is the author of numerous books and articles on the subjects of property and land use law.