In the recent decision of Floyd v City of New York, a controversial police tactic called ‘stop-and-frisk’ was declared unconstitutional. The US District Court for the Southern District of New York ruled that the policy violated both the Fourth Amendment’s guarantee against unreasonable searches and seizures, and the Fourteenth Amendment Equal Protection Clause’s guarantee against discrimination. Under the stop and frisk policy police officers could stop individuals suspected of criminal activity and frisk a person they believe to be dangerous. Data presented before the court revealed that the policy disproportionately targeted Black and Hispanic individuals and resulted in few arrests. Judge Shira A. Scheindlin described the stop-and-frisk process as a “demeaning and humiliating experience.” The Judge called for independent oversight of the stop-and frisk practice.
Click here to read an article on the case from Oxford Human Rights Hub.
Click here to read the full judgment.
On 6 August the US Court of Appeal for the Sixth Circuit struck down a Michigan law prohibiting begging. Under the statute begging was punishable by up to 90 days imprisonment, a fine of up to $500 or both. The court unanimously held that the law violates constitutionally protected free speech rights. According to the court “Michigan may regulate begging. As the Supreme Court has said, '[s]oliciting financial support is undoubtedly subject to reasonable regulation.' But Michigan must regulate begging with due regard for the reality that solicitation is characteristically intertwined with informative and perhaps persuasive speech seeking support for particular causes or for particular views on economic, political, or social issues”.
Click here to read an article about the case on Jurist.org
On 12 August the US announced plans for a major shift in drug sentencing policy. Attorney General Eric Holder announced that low level, non-violent drug offenders will no longer face mandatory minimum penalties. Mr Holder also announced policies which would increase the use of drug treatment programmes as alternatives to incarceration and to expand a programme of ‘compassionate release’ to allow elderly non-violent prisoners to be released earlier. The reform is a bid to cut federal spending on prison. American incarceration rates are extremely high by Western standards. While the American population makes up 5% of the world’s population, it accounts for 25% of the world’s prisoners.
Click here to read an article in the New York Times.