Monday, March 13, 2017
New York's Crime Control V Due Process
New York's Crime Control Vs Due Process
The constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property.
Initially, once arrested or charged, if they cannot find the proper evidence needed those holding you have twenty four hours to hold you, and in that time they can find evidence, and if they are unsuccessful you will be released.
If you were arrested, it will remain on your record, unless you yourself spend the money to have it removed. If you were not charged, however it will state Null Prosecute. This usually doesn’t matter, because once some employers see the arrest, they tend to stop at that point, and hold it against you without even hearing your explanation.
Zero Tolerance Law in New York:
As quoted from:
Legislation Affects Drivers Under 21 Years of Age
New York State's "Zero Tolerance" Law became effective on November 1, 1996.
The Zero Tolerance law applies to a person under age 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of .02% or more but not more than .07%.
Even though the law is called "zero tolerance," the minimum BAC is .02 and not 0. This is because certain cough syrups and mouthwashes contain alcohol, and since some families will permit the consumption of small amounts of alcohol as part of religious or family functions. The Legislature decided to set the standard at .02% in order to address only those young people who had willfully consumed alcohol and operated a motor vehicle.
Stop and Frisk in New York:
These details were obtained from my friend in Akron, New York whom I personally called and obtained the information from:
Here a police officer can stop and question a pedestrian and then frisk him. It is also known as a “Terry stop.”
When I ask her why, she explained: Terry v Ohio 1968 where the fourth amendment on unreasonable searches and seizures were violated.
She then explained to me that New Yorkers have been fighting this since it came into effect because it seems like profiling and labeling. They are only searching certain people. Specifically the blacks and the foreigners.
I read the following article and found it worthy of sharing:
Crime Rates from 2001 to 2010:
I found this very informative PDF online which shows that crime rates have dropped well over 25 percent and more in some areas. The report is very thorough, and even shows graphs, and even counties, and everything about New York. I found it to be very informative and studied it very thoroughly to learn that the changes implemented throughout New York had to of made some kind of difference, because obviously things have changed.
What do I think of Stop and Frisk?
I do not agree with the due process of just walking up to someone and searching them, it does go against the amendments. Just because New York was hit by terrorism doesn’t justify this action, it wasn’t the only place impacted by 9/11.
However, New York does have a lot of gang activity, and the streets are so over packed that you can hardly move, and it is over populated.
Do I agree and think the stop and frisk program should have been suspended? Most definitely. It violated the amendments and our rights. Is it not bad enough you have been spying on us since you have established the very first satellite and invaded our privacy then? Now you want to touch us, and feel us up, and take what is ours, and use it against us and assume that we were going to do something with it we were not?! No.
However, I still think it violates the amendments and they were implemented for a reason.
What do I think of Zero Tolerance?
I cannot stand drinking and driving. I agree with it One hundred percent.
What do I think of Mosque Crawling?
I think if it’s done in private, have at it, if you are studying the people and the way we live, and where we live, do it. Don’t act like you haven’t done it before. That’s what the satellites are for. If studying where we live and what we do, helps prevent crime, then so be it, do it. NASA has been doing it for years, and so has the government, to say they haven’t would be lying.
How might crime and terrorism impact New York economically? I think if terrorism were to impact New York again, I think it would drastically affect New York, however I think it would bring Americans even tighter together. I however think that foreigners would be in a great deal of danger from that moment on from that moment hence forth. They would be a danger to themselves, and that Americans would definitely be after them in more ways than one, they would be target zero. Not my choice, just my thoughts.
References and Resources:
Division of Criminal Justice Services / Crime Report / PDF File
Article / HotAir.com / The NYPD’s Counter Terror Strategy “Mosque Crawling”
Web Site / Safe New York / U Drink U Drive U lose
Testimony from Akron New York Resident