Police Powers: the Issue of Stop and Searching - Essay Example

Critically evaluate using examples the issue of stop and search and discuss how the police have administered their powers effectively in their effortto combat crime Among the many unrequited questions about the nature of the world and human condition stands prominent the question about crime control and protection of national safety. Is the current system of policing sufficient in safeguarding the national security and safety in the context of growing terrorist threats and internal crimes? What are the issues of the present policing policy and strategies? What may be done to improve the quality of its service to cover the defects of the system and ensure the security of the nation? Only a serious treatment of these questions can help one understand the real nature of current criminology and its limitations. Modern world is chock-full of complexities and this has its reflections in every constituent of the society including criminology. “Crime control is in crisis. Not only have levels of crime risen, but crime is increasingly regarded as a normal aspect of the social and economic system, rather than as disruption or deviance” (Lea, 2003). The police, in their efforts to check the number of crimes, have adopted various policies and the government gives utmost support to these efforts. In spite of these measures the amount of crime and violence is all but checked. Rather, many of the police procedures raise voice of discomforts among the general public. The case of controlling internal violence is not different. “Nevertheless, the police ability to control domestic violence is . . . limited and Conditional.” (Sherman, 1992, p. 247-248). A critical discussion on stop and search and the police administration of powers not only help us identify the efficiency of the system in combating crime but more importantly make out the issues of criminology as a whole. Administered properly, stop and search is one of the most effective tools of policing in combating crime and thereby ensuring internal safety and security. Crime is an inevitable characteristic of every society and has been one of the primary concerns of the society at every age. Especially in the modern scenario, we find a renewed instability and conflict and an amounting threat to the material survival of the planet. “Crime is a central feature of this grim scenario as it progressively loses its status as a clearly identifiable disruption of the normal peaceful processes of social, political and economic life to become a core element of those processes themselves” (Lea, 2003). It is, therefore, necessary that the ever amounting number of crime and its related situation is addressed and studied in order to improve the atmosphere. “Criminology,” as we can correctly understand, “focuses on the behaviour that violates the criminal law and seeks explanations for that behaviour… [It] is the body of knowledge regarding delinquency and crime as social phenomena. It includes within it’s scope the process of making laws, of breaking laws, and of reacting towards the breaking of laws... [It] is aimed principally at elucidating the connection between crime and the personal characteristics of the offender or his environment, with special reference to the origin of the offence (etiology, genesis)” (Sycamnias). The radical criminology almost neglected many of the most crucial questions of street crimes and the possibility of crimes through street acts. Therefore, the realist criminology dealt with such matters and the “critical realism recognizes the seriousness of street crime for those people victimized by it(particularly women), acknowledges that a consensus as to the desirability of a core group of laws does exist, and advocates various kinds of criminal justice reform and crime prevention strategies” (Lowman, 1992, p1). Thus, the need of the day is such realistic version of crime and the efforts to control it. Aims and objectives of the Criminal Justice System of England are to” reduce crime and the fear of crime and their social and economic costs,” and to “dispense justice fairly and efficiently and to promote confidence in the rule of law” (Chapman & Niven, 2000, p 2). Now, there comes up a question as to who, practically, need to deal with the ever mounting cases of crimes and what are their basic functions. “The development of the modern Criminal Justice System has meant that the power to respond to crime has been gradually taken out of the hands of ordinary people and concentrated in certain institutions of the state - professional police, lawyers, judges, courts, prisons.” (Lea, 2006). Thus, the role of policing has been a generally accepted. The police, “a large, bureaucratic, organization”, are far greater than a mere legal agency dealing with crime, as their functions are manifold. They are “a social group in society” or “a subculture with their distinct set of attitudes and values,” sometimes called as “‘occupational culture” (Lea, 2006). Their various functions including order and safety, the management of the poor and the unemployed and the like existed right from the earlier days. “The modern police service is a varied, multi-layered, responsive institution working to ensure your safety” (Police). Now, in the complex world situation, their functions to public order, security and safety are challenging. A crucial contributor in these efforts is ‘stop and search’ which aims “to support them police service by providing expertise in information and communications technology, support to information and intelligence sharing, core police processes, managing change and recruiting, developing and deploying people.” (Operational Policing). To make the idea clearer, “Stop and search powers allow the police to combat street crime and anti-social behaviour, and prevent more serious crimes occurring” and so the practice is of paramount importance. (Serving the Community). What is the precondition for a successful implementation of the practice or how can we ensure the minimum guarantee for its effect in combating the ever increasing crimes? “Stop and search is a police power which, when used fairly and effectively, can play an important role in detecting and preventing crime and the fight against terrorism.” (Stop & Search Policy. p5). The practice is implemented effectively making the general public to regard it as “a valuable tactic to use against crime,” but the second aspect, i.e. fairness is often lacking as “there is disquiet about the fairness with which the use of the tactic falls across different subgroups of the population” (Jordan, 2000). We have evidence from the modern British examples to prove this. Therefore, in the modern context of crimes and crime control, stop and search can be influential if implemented properly or “when used fairly.” There have been significant changes to the concept of crime as well as the study of criminology through the ages. The modern world has affected the concepts of crime and criminology as “this period witnessed the beginnings of the ‘science’ of criminology, and when crime moved from being considered an accepted part of life -- like the weather -- to a subject which today commands the highest political and press attention” (Barry and Lawrence, 2005). The changes in the science of crime have resulted in a favourable mode to the issues connected with crimes. The implications of these changes are manifold and crime detection and its prevention are given the focal point these days. Now as we focus our discussion on stop and search, we find that the effectiveness of the practice is overshadowed by the lack of fairness in its implementation. The two dimensions of fairness in this context are “the degree of respect given to different sections of the public when stopped by an officer” and the “impartiality, or the degree to which the decision to search depends on objective factors which are weighed equally for everyone” (Jordan, 2000). Only when these dimensions of fairness in stop and search are met can we claim the real effectiveness of the policy. The failure to fulfil these demands of the policy, as we find in the British context of crime combating, would result in the failure of the system among the general public. That is the same reason for the increased number of controversies regarding stop and search. The factors resulting in crimes that existed in the previous ages which contributed to the role of police continue even in the modern world. And the role and style of policing is affected by the changes in the criminal nature of the society. Whereas the efforts of the police in crime control reactive, the practice of stop and search is proactive. It is possible in the modern world to detect the behaviour pattern of the general public, thereby making it easier to identify the ones who might involve in the criminal activities. Thus, in the modern system of criminology, there is a focus on the identification of the ‘might be criminals’ of the society. Therefore, it is today possible to detect the criminals even before they commit the crime. This is the same principle behind the exercise of stop and search. It means that a police officer is in a position where he or she "learns who to expect to be doing what, where and when. Such learning equips the officer with sets of expectations of what will be demanded of him or her in different places at different times and what members of the public might be doing in those places at these times" (Brogden et al. 1988, p 40). Police can stop anyone on suspicion of something that seems to go wrong and search the person. Some of the people may be found guilty and arrested. However, “stop and search can be seen as a mechanism of social control more general and wider than simply seeking to apprehend criminal offenders” (Lea, 2006). It is the duty of the Police to get involved in the matters of the public in order to serve the interest of the general public. The criminal victimisation and the call for help make the police interact in the affairs of the general public and there are many ways of this kind of interaction. “A stop and search encounter is an example of an interaction which is instigated by an officer, and is often utilised by an officer who has his or her suspicion aroused by a person’s behaviour, appearance or actions” (Havis & Best, 2004, p8). Now, as we understand, there are many advantages in following this stop and search practice. The unlimited exercise of stop and search was the long heard cry in the policing department as it would ensure the best protection of national security and measures against the common crimes of the day. The requirement of an unparalleled use of stop and search is not new. “Before PACE (Police & Criminal Evidence Act 1984) stop and search powers were very limited, the Metropolitan police force in London had some powers to stop and search, but in the rest of the country a police officer might have found himself subject to a charge of assault had he used this measure. Prior to PACE the police had argued that stop and search was a very important part of crime detection, PACE section 1 introduced stop and search legally, if the police had a reasonable suspicion that the person or persons were carrying stolen goods or prohibited articles” (Hayden).The common notion was that it would ensure the best preservation of national security and activities against crimes. What are the powers of stop and search under PACE? “Under s 1 PACE, if a constable has reasonable grounds for suspecting that stolen or prohibited articles are being carried, that police officer may stop, detain and search persons or vehicles(including anything and anyone in the vehicle or anything on it), and seize such items if found.” (Jason, 2005, p 29). However, the policy makes it very clear that “The power to stop and search a person or vehicle must be exercised in compliance with a legislative power, Code A of the Codes of Practice of the Police and Criminal Evidence Act 1984 and the Human Rights Act 1998. An officer cannot conduct a search solely on the grounds that a person consents to the search.” This along with a strong suggestion that “A record of all searches made under any of the legislative powers must be made by the officer concerned” makes it even more precise in effect. (Stop & Search Policy. p2). Thus, every stop done in the public place needs to be recorded. All these particulars point to the fact that the present issues regarding stop and search can very clearly understood as mere violation and negligence of the policy itself. Such roots away from the original design will never help the practice enhance the scope of criminology, but rather will adversely affect the progress in it. There are many advantages of this practice that make the authorities stick on to its implementation however controversies there may be about this practice. As commented by Havis and Best, “It is important to recognise stop and search powers as an effective and valuable component of police practice” (Havis & Best, 2004). Nobody may question the potential of the practice as it ensures the checking out of security concerns at any time in any street corner. The police powers to search out for the criminals without restraints will result in better crime detection and combating. However, the system needs to be highly unbiased. One of the most significant characteristics of the stop and search is that it guarantees, to a greater extent, the role of the policing in the criminal surrounding of the individuals as well as societies. In the modern environment of terrorism and the related threats on the life and materials of the people, the practice of stop and search may find it very crucial. In effect, this has got great relevance in the modern society, had it been implemented and administrated. Thus, the merits of the stop and search makes the authorities even overlook the defects of the system. However, the practice has also been the subject matter of many controversies and public concerns. The main issues related to stop and search have been that are faced by the ethnic groups, social activists, particular individuals including women. There are many critics of the exercises of powers that are enjoyed by the police now. Bowling and Philips (2002) are the main critics of stop and search practice who complain about the unequal application of these powers against young black, and ever more Asian males, and describe this injustice to them as “the most glaring example of an abuse of police powers” (Bowling & Philips, 2002. p138). There have been many other critics of the practice and the names of Stone and Pettigrew may be particularly mentioned. They argue that the attitude of the officers need to be changed and stated in order to achieve public recognition and support of stop and search people need to be provided with “…a valid, genuine and credible reason, at all times whenever he/she is stopped or searched” (Stone & Pettigrew, 2000, p 52). Havis and Best conclude in a discussion on the issues of the stop and search that it has been a concern for many an individual. “As the existing literature clearly demonstrates, the use of stop and search powers by police continues to cause a great deal of public concern and anxiety, particularly in relation to their application to ethnic minority communities” (Havis & Best, 2004, p11). As we have already seen, there are an assortment of merits in the practice of stop and search. However, it needs to be more clearly administered in order to avoid controversies that exist in the system. Many often the police forgets the real culprits but go on to torture the innocent, depending entirely on subjective elements. In the actual practice, they aim not at those who actually commit crimes but on the poor as a whole who are seen as the problem makers. According to Rawlings, police "focused attention on the streets and therefore, on the labouring people who lived, worked and played there… The police could show through the arrest statistics that certain people were dangerous, but, because those arrests depended mainly on subjective assessments by officers of what constituted suspicious behaviour, the size and nature of the problem was largely determined by the police themselves" (Rawlings, 1999, p 77). The effect will be even greater in the days to come as the reports indicate a possible hike in the number of stop and search. “There was a five-fold rise in the number of stop-and-searches under counter terror laws in the wake of the attempted car bomb attacks in London.” (Rise in terror stop and searches. 2007). The controversies regarding the misuse of stop and search led to many improvement and alternative measures and suggestions in the use of power by the police. This also points to the fact that there were many issues in the use of stop and search. “The Police and Criminal Evidence Act (PACE) 1984 introduced rules governing police discretion when using a new power to stop and search people suspected of crime, replacing the greater freedom afforded by a power to stop suspected persons under the 1824 Vagrancy act… The opportunity to monitor more rigorously the police use of stop and search powers came with the Police and Criminal Evidence Act (PACE) in 1984…” (Peelo & Soothill, 2005, p 42). The use of stop and search has been on the rise and the difficulty to the public increases as a result. In this regard a report of the BBC says that there have been reports of increase in the possible attacks and this would mean a rise in the number of the practice. “Counter-terror police have recorded a 37% increase in “suspicious reconnaissance” of potential targets in the first four months of 2007″ (Increase in anti terror targets. 2007). Among the many criticisms of the practice of stop and search, one of the most repeated one is that of the issues concerning the minority ethnic group who are particularly haunted by the system. “Claims that the police misuse their powers of stop and search and disproportionately target minority ethnic communities have been a consistent feature of wider debates about the problematic nature of police ‘race relations’ for several decades in Britain” (Rowe, 2004, p 78). We have very many examples to prove the experience of the different ethnic groups. “Records indicate that 55 percent of the more than 508,000 people stopped and searched that year were black, and nearly 30 percent were Hispanic” (NYPD challenger sharp ton’s stop and frisk. 2007). Another report by BBC tells the same alarming fact about the injustice to the immigrants and the Blacks in particular. “Black people were almost seven times more likely than white people to be stopped and searched by police last year, according to official figures” (Stop and search race gap. 2007). Thus, the situation in Britain is not favouring the cause of such groups, especially when it comes to the question of stop and search. The following report also indicates that the issue regarding the racist separation in stop and search is an accepted fact. “Senior police officers in London revealed yesterday that they would be publishing a quarterly breakdown of stop and search figures for the first time in response to an outcry about ‘racist’ spot checking” (Met to give terror Act stop and search figures. 2007). Other than these, there are many factors that prove the practice a failure. Such a significant element of the weaknesses of the stop and search can be identified as the subjectivity element. “Under the terms of these pieces of legislation the necessary criterion to stop and search an individual was the highly subjective grounds that a police officer was suspicious of their behaviour: no external objective factors, such as a potential victim or even type offence need be referred to” (Rowe, 2004, p 81). An example of such power misuse may be found in the news report of the BBC on Thursday, 31 May 2007. “An Asian person is 30% more likely to be stopped than a white person.” (Stop and search powers damaging. 2007). The very attitude of the police has undergone remarkable controversy. “A black police leader has reignited controversy in one of the most sensitive areas of British policing by suggesting that more people from ethnic minorities must be stopped and searched to tackle violent crime” (Police: stop and search more black suspects. 2007). There are many examples of misuse in the practice of stop and search. That is the same reason why there have been protests and controversies regarding the excessive use of power by the police. All of them point to the ineffective implementation of stop and search method of the police. Particularly, the attempted assaults of the various ethnic groups have been stressed. “For many years, figures which have shown a higher rate of stop and search of minority ethnic groups, particularly black people, have provoked much controversy, and have been seen by many as a manifestation of police racism.” (Miller et al 2004). These criticisms of the practice made many types of restrictions on stop and search. “The powers of the police to stop and search, particularly in public, have been the subject of particular scrutiny in recent years” (Jason, 2005, p27). There also have been many suggestions to make the practice more practical and convenient to the public. “Don’t forget that the stop or stop and search must be carried out according to strict rules – the police have a responsibility to ensure that people’s rights are protected” (Stop and Search explained. P.8). We can find that the issues that are often addressed have been normally placed for the betterment of the practice of stop and search. Accordingly, various efforts have identified the drawbacks of stop and search. “The Philips Royal commission identified two main defects in the existing law. First, police powers to stop and search varied from one part of the country to another. In London, for instances, the police could use the powers under s 66 of the Metropolitan Police Act 1839 to stop and search for stolen goods and similar local powers existed in Birmingham, Manchester, Liverpool and Rochdale, but equivalent powers did not exist in most other parts of the country. Secondly, existing powers were either inadequate or, at best uncertain, and required clarification or redefinition” (Zander 2003). However, this does not mean that these are the only possible issues of the practice. A BBC story says, “Stop and search powers will still be used in London despite a report finding they harm community relations” (Stop and search powers damaging. 2007). An additional prominent fact of stop and search can be seen in the report that “Only one in every 400 stop and searches carried out under sweeping anti-terrorism laws leads to an arrest, official figures released yesterday reveal, triggering fresh pressure on the government and police over the controversial tactic” (Only 1 in 400 anti- terror stop and searches leads to arrest. 2007). The misuse of stop and search would cause great worries to the public apart from being a nuisance for the normal cases. “Londoners should not be surprised if they are searched on the streets in the next few months, the Metropolitan police have warned” (Police to flex stop and search muscles. 2007). However, on the other hand, these practices can help the police combat crimes of various types. The requirement is that public is not annoyed by the overuse and the misuse of these uncontrolled powers. In spite of the outcry about the issues regarding public inconvenience, there has been few efforts to counter this issue. In the following report, one of the common found defects is evident. “Civil liberty campaigners last night voiced fresh concerns over police and immigration counter-terrorism powers to question and detain for up to nine hours anyone travelling through a British airport, port or railway station.” (New concerns over right to detain travellers. 2007). Therefore, aforementioned issues are commonly recognised and they indicate to the real issues of stop and search practice. “Stop and search powers have proved controversial since their introduction in section 44 of the Terrorism Act 2000. Critics have said the searching of certain ethnic groups more than others will breed resentment and foster more terrorism threats as a result” (Police to flex stop and search muscles. 2007). “All police forces should provide excellent service to the public, while ensuring that we all have a safe environment in which to live and work.” (About the police). In this analysis we have dealt in detail with stop and search in order to understand how police force serves the public and ensures its safety. We focussed, particularly, on the controversies that often surrounds stop and search as a practice and discussed how the police manage this practice. We have well analyzed the issues of stop and search treating every aspect of the practice that we are in a position to state that the practice, in spite of being one of the most effective systems of crime control, is not well recognised due to the lack of fairness in implementation. Modern world is particularly noted for the increasing number of crimes of various types and this characteristic nature of the day compels us to adopt the most effective preventive measures of crime. In this attempt, stop and search can be a very effective tool and what is required is a clear attempt to administer the practice. Thus, we find that the British police though have taken very many precautions to make the practice very effective, face controversies of various types in the administration of stop and search. The controversies that are identified and discussed in detail need to be seriously considered. A critical view of stop and search makes it clear that the actual practice of the stop and search needs to be controversy free, making it effective for the individuals as well as for the community. The inevitability of programmes like stop and search is unquestionable. A very effective, error-free, non-controversial administration of stop and search is the need of the day. Bibliography BBC NEWS checks on Stop and search powers damaging. (2007). [online], Available http://news.bbc.co.uk/1/hi/england/london/6706885.stm/ Stop and search powers damaging/ checks-on- Stop and search powers damaging from worldwide Web accessed 17th December 2007 Bowling, B. & Phillips, C. (2002) Racism, Crime and Justice, Longman – Harlow. Brogden, M. et al (1988) Introducing Police Work. London, Unwin Hyman, P. 40. C.a.r.d. checks on NYPD challenger sharp ton’s stop and frisk. (2007). 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Zander, M (2003) The Police and Criminal Evidence Act, 4th ed. London: Sweet & Maxwell. Read More