The Execution Of The Terry Case Essay

1445 Words Dec 12th, 2016 6 Pages
Initially the Court was in agreement that the stop and subsequent arrest in the Terry case was appropriate on the basis of the “probable cause” standard. Barrett (1998) states, Chief Justice Warren had initially approached this decision on the basis that the stop in the Terry case was appropriate. It was Justice Brennan who eventually persuaded Chief Justice Warren to render a decision which put forth the new “reasonable suspicion” standard (Barrett, 1998, 793-821). If Chief Justice Warren had maintained his original inclination of rendering a decision which clearly delineated the standards that a police officer must follow before a search is conducted there would be no controversy over this issue. However, had this actually occurred then it would be very easy to argue that the Chief Justice was in actuality legislating from the bench. Proponents of the policy of Stop, Question and Frisk also point to the deterrent effect that the policy has in high crime areas. This policy is rooted in deterrence. According to Apel (2016), “[c]rime is said to be deterred when at least one of three sanction characteristics lowers the net expected advantages from crime relative to the net expected advantages from one or more noncriminal courses of action.” (p. 59) What Apel is suggesting is that if an individual knows there is a police presence who can and will stop, question and frisk on reasonable suspicion alone this will weight in the minds of potential criminals. This becomes…

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