web analytics
January 27, 2015 / 7 Shevat, 5775
 
At a Glance
InDepth
Sponsored Post


Court Ruling On Stop And Frisk Offers An Important Opportunity

In an unusual ruling, the U.S. Court of Appeals in Manhattan removed the trial judge from the celebrated stop and frisk case and stayed implementation of the restrictions she imposed on the NYPD in its use of the crime-fighting tool.

Though the court did not address the merits of U.S. District Judge Shira Scheindlin’s finding that the current stop and frisk program violated the rights of blacks and Hispanics, it did focus on what it saw as the appearance of the judge’s bias against the program.

The appellate court ruled that Judge Scheindlin “ran afoul” of certain provisions of the Code of Conduct for United States Judges. One provision provides that “A judge should avoid impropriety and the appearance of impropriety in all activities.” Another says “A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.”

The court said “the appearance of impartiality surrounding this litigation was compromised by [Judge Scheindlin’s] improper application of the …. ‘related case rule’ ” (which generally allows lawyers to request that a judge who previously presided over cases similar to theirs be assigned – at that judge’s discretion – to their case) “and by a series of media interviews and public statements purporting to respond publicly to criticism of [her].”

The court also noted that in an earlier case involving stop and frisk over which she presided, Judge Scheindlin told the plaintiff’s lawyer, “[I]f you got proof of inappropriate racial profiling in a good constitutional case, why don’t you bring a lawsuit? You can certainly mark it as related.”

She also said, “[W]hat I am trying to say, I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit.” Later in court she said, “And as I said before, I would accept it as a related case, which the plaintiff has the power to designate.” The current lawsuit was then brought and found its way to Judge Scheindlin.

The court also pointed out that Judge Scheindlin gave interviews about the case and criticism of her to the New York Law Journal, the Associated Press and The New Yorker magazine – a definite no-no.

Over the years Judge Scheindlin has developed a reputation for coming down hard on procedures followed by the NYPD. So whatever one thinks of the stop and frisk program, it isn’t difficult to understand why those favoring it as currently administered would have serious doubts about whether the restrictions imposed by Judge Scheindlin were fair.

The court’s decision presents the new mayor of New York with an opportunity to revisit the issue of stop and frisk and perhaps even calm the passions of a divided city. If done properly, most New Yorkers on either side of the issue will perceive that they have been given a fair shake and accept what is decided.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Court Ruling On Stop And Frisk Offers An Important Opportunity”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Hassnain Aliamin , one of four Muslim teenagers who attacked a Jew in Gateshead.
‘Let’s Go Jew-Bashing’ Muslims Hauled into British Court
Latest Indepth Stories
.Voting in the Likud Primaries

Since the passing of the Governance bill legislation on March 11, 2014, new alignments have become to appear in Israeli politics.

The Striped Hyaena

Israel has some wild places left; places to reflect and think, to get lost, to try to find ourselves

British Flag

The British government assured Anglo-Jewry that it is attacking the rising levels of anti-Semitism.

Golan map

Obama’s Syrian policy failures created the current situation in the Golan Heights.

Our journey begins by attempting to see things differently, only then can we be open to change.

Despite Western ‘Conventional Wisdom&PC,’ the Arab/Israeli conflict was never about the Palestinians

Confrontation & accountability, proven techniques, might also help dealing with religious terrorists

In fact, wherever you see soldiers in Paris today, you pretty much know you’re near Jewish site

Inspired by the Perek Shira pasuk for “small non-kosher animals” we named the bunny “Rebbetzin Tova”

The abuse following publication proved a cautionary tale: no one followed in Peters’s footsteps

Plainly, there is no guiding hand dictating choices across the board.

How many sites that tell you to check your politics at the door have 10,000 likes?

In this particular case, the issue was whether the Arkansas prison system could prohibit, for security reasons, a devout Muslim’s maintaining a beard of a certain length as a matter of religious practice.

While we recognize the Republican Jewish Coalition is hardly a non-partisan outfit, a snippet from a statement the group released is worthy of note:

More Articles from Editorial Board

In this particular case, the issue was whether the Arkansas prison system could prohibit, for security reasons, a devout Muslim’s maintaining a beard of a certain length as a matter of religious practice.

According to Natan Sharansky, director of the Jewish Agency for Israel, France was the largest source of Jewish emigration to Israel last year and he believes as many as 15,000 French Jews may make aliyah in 2015.

Despite the president’s respectable anti-terrorism record, he doubtless has little interest in being identified with anything that might suggest, however tangentially, criticism of Muslims or Islam.

One wonders what connection that rejection has with turning to the ICC, which would allow the Palestinians to bring war-crime charges against individual Israelis and is certainly one more step away from seeking a negotiated settlement.

In the NPR interview, Mr. Obama said Iran could become a “very successful regional power” if it agreed to a long-term nuclear deal.

Thus, despite the increasingly serious problems for the mayor arising out of the current anti-police protests, Mr. de Blasio apparently will be cut no slack by those who seem to be aiming for a significant role in running the city from the streets and who will do whatever they can to prevent their momentum from ebbing.

Despite strong pressure to throw the book at the accused, Mr. Thompson allowed him to plead guilty to assault.

It seems to us that while the Jewish entitlement to the land of Israel transcends the Holocaust, the Jewish experience during that tragic time is the most solid of foundations for these “national rights.”

Printed from: http://www.jewishpress.com/indepth/editorial/court-ruling-on-stop-and-frisk-offers-an-important-opportunity/2013/11/06/

Scan this QR code to visit this page online: