The support here for "stop and frisk" is fascinating...

Because all the well-meaning arguments in its favor are the exact same ones the Bush administration made in favor of eroding our civil liberties after 9/11.

We were told so many people died, we needed to take extraordinary measures. But it was "for our own good." And a lot of people agreed.

Well, just because some folks go along willingly doesn't make it right.

We were told protections were in place and the new laws wouldn't be abused. And yet, they were - far beyond what people anticipated.

Now, I'm older than most of you here and if there's one thing I've learned, it's this: If your approval of a policy turns on your trusting the person in charge of administering said policy, it's probably a bad one. Because if that person gets killed in a car crash, the policy still remains.

I just wrote a bit on this on the other thread

Here.

I'm going to try to write something comprehensive before the election.

Jennifer

I am ok with the policy IF

I am ok with the policy IF there are checks.

First, there needs to be a statistical threshold in writing to qualify a neighborhood.

Second, I would like there to be a plebiscite for that neighborhood to accept it.

Third, there needs to be a statistical floor that, once it drops below that point, measures are immediately removed.

A little rough, but you get the intent of what I think should be involved.

The difference here is, Nutter would be enacting a temporary emergency power ... akin to the President removing habeaus corpus in times of declared war. The other difference is it is policy created under specific temporary intent. Bush's plans were permanent powers granted to the president.

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Staff member of Longacre for 5th Council District.
Longacre Website

Yes, one of the other problems with Nutter's plan as written

is that it doesn't quantify what would lead to an end of the declared state of emergency.

I'd say that the length should be based on two things: it should end if the crime drops below X threshold (maybe the 92/93 numbers or whatever they were that the candidates were basing their "I won't run again if the crime numbers don't go down" pledge on) AND if the crime rate doesn't significantly drop within a defined period of time.

If the state of emergency and reduced civil liberties aren't working to reduce crime, they should not continue. The plan should define how long we want to experiment with this.

I made this point in early February:

To the extent that Nutter is wedded to this idea (he cites Mayor Goode as precedent), any declaration of emergency should be imposed with a much tighter time frame than Nutter's incredibly open-ended "the emergency powers will be extended until crime has significantly decreased and safety has been restored to all parts of Philadelphia."

Jennifer

I'll agree that any area

I'll agree that any area tagged with the designation of "state of emergency" should be limited to a specific time period. Perhaps council could write a statute that would subject an enlargement of time to judicial or administrative review with a particular standard applied that takes into account these concerns.

That's silly.

Stop and frisk is a power the police have right now, that they have the discretion to use under the Constitution already. These are not extraordinary measures -- and, unlike the President's policies, they will take place in public, in the full light of day, and subject to our scrutiny.

Susie, I'm sure your internal polls aren't telling you what you want to here, but that's no reason to start making such ridiculous analogies.

It's not silly necessarily

As I just commented on Dan's thread:

Nope, for better or worse the police don't need warrants for stop and frisk under Fourth Amendment jurisprudence. They just need what the court calls "reasonable articulable suspicion" (much less than probable cause, which is what you need for a warrant).

This is the issue: reasonable articulable suspicion as a standard in practice depends very heavily on police discretion. Though the court uses the term "articulable" it really falls sort of short of that; what happens is that stop and frisk relies on police intuition on who is likely to be committing a crime based on experience, which often can get blurred with prejudice and racial profiling.

There are real concerns with the expansion of legal stop and frisk in the way that Nutter (and possibly, though to a lesser extent, Fattah) plan to do. See this thread for a discussion of those concerns and the various legal standards, as well as Dan's thread from today, which describes why Nutter's plan raises particular issues.

Jennifer

I'm aware of all that

I just find Madrak's analogy to be, well, awful.

I keep forgetting...

I don't actually have my own opinions anymore. Like most women, I'm just an empty vessel, waiting for Tom Knox to fill my empty brain. (BTW, this is an unrelated minor nitpick, but why are so many men with post-graduate degrees such bad spellers? It offends the copy editor in me.)

No, Adam, I'm actually someone who wiped the blood from her brother after the cops kicked the shit out of him and almost killed him. This is probably foreign to your experience and that of the rest of the gently-reared eggheads on this board, but I've seen police abuse up close and I prefer to err on the side of caution.

Press secretary, Knox campaign. Blogger on hiatus, former award-winning journalist.

Susan, don't overgeneralize

Susan, don't overgeneralize on this board related to who is a "gently-reared egghead" and who is not. You'd be suprised what you discover.

If people get to generalize about me...

I get to do it with them. No matter what I say, I'm reduced to a hack. Well, turnabout is fair play.

Press secretary, Knox campaign. Blogger on hiatus, former award-winning journalist.

Well, you're blogging as a

Well, you're blogging as a press secratary in this instance, Susan. When you actually write that you are blogging on your own accord, which I believe you have, isn't the reaction different?

I just hate this sterotype that members of this community propogate that we are all white, privileged, "eggheads" who have no grasp on reality. Between you and I, I can completely understand the situation your brother and you were in. Others do not realize that these issues affect many people regardless of race or class. Certainly, that may be the blogging demographic, but I can count at least 10 people on this site who I would give legitimate street cred to--including you. That is a good thing.

"gently-reared eggheads"?

K-12, School District of Philadelphia. Have had the shit kicked out of me in the streets growing up.

Now, would you mind answering the question? Because all police work involves discretion.

Getting beaten by cops is a far more painful experience...

Unless your classmates also used nightsticks.

Press secretary, Knox campaign. Blogger on hiatus, former award-winning journalist.

Sure.

But a frisking isn't a beating. Either you trust police officers to be professional or you don't, and if you don't, does it really matter *what* the rules are?

I'll egghead you...

I resent your assertion that us eggheads must be gently-reared. My rear was booted around G-Town more times than I can count, and the mental abuse I withstood at the hands of my... Oh never mind, irony/jokes don't play well on blogs.

Also, while I do agree that you are an empty vessel, I did not appreciate the latent sexuality inherent in your comment about your boss.. ;-)

Eww.

I'm telling your aunt on you! Nah, you're not an egghead, but many YPPers are.

Press secretary, Knox campaign. Blogger on hiatus, former award-winning journalist.

PS

I don't think Alex was contesting the egghead part, just the gently-reared stuff. I think Gaetano and I, among others, would make the same distinction.

Mildly off-topic

I never mentioned it in my Philadelphia Nativism post a few months back, but I've always found it fascinating that nearly every white Philadelphian who grew up in the city that I know will tell a story about getting their ass kicked, almost always by black kids / roving hoodlums. I've hardly ever heard white kids from Detroit, Chicago, or New York tell the same story. There's some kind of local, authenticity-by-racial-violence trope there that's specific to Philadelphia.

FWIW

My real beatdown was by white kids, possibly motivated by anti-Semitism. Halloween night, 1990. Broken nose.

I'm proud to have engaged in

I'm proud to have engaged in scraps and been jumped by kids (and adults) from varying ethnic and racial groups.

Note that Gaetano doesn't

Note that Gaetano doesn't (and I suspect wouldn't) admit to either losing a fight or just being beaten up. South Philly is all right.

I have a reputation to

I have a reputation to uphold.

Not so much.........

I know what it's like to have a cop twist a gun in my ear; along with much other unpleasantness. Perhaps it's my lack of a graduate degree.

For clarification...

Is egghead supposed to be derogatory? It is hard to keep track. I was always a geek and got into fights over that, but now geek is apparently cool.

Do I want to be called an egghead, just not a gently-raised one?

Also, wouldn't someone with an egghead have to be gently-raised due to the fragility of the shell?

--------------------------------------------------
Staff member of Longacre for 5th Council District.
Longacre Website

Concomitant with my opinion

Concomitant with my opinion that you do not have to be black to opine on matters involving the black community, I don't think it is necessary to be the victim of police brutality to have an opinion on it. (It is bizarre to see all of these personal narratives -- all of which I am sure are true -- required to justify opinions about a policy on police brutality.)

You don't have to be one of the Black Panthers on Columbia Avenue to have an opinion on Rizzo's policing tactics is a version of that point.

It's OK if you have never been the victim of police brutality, or any brutality. While I think it is an important intersection that most liberals believe in some form of post-modernism, which requires retelling stories that don't get told to give a voice/narrative to the oppressed outsider, as a way of giving oppressed thought a narrative -- it sometimes has the effect of creating a barrier around others who are interested in the conversation and feel like they don't have the "oppressed press credentials" to join in.

__________________________________________________________________________
I do not work for/support any candidate for any office in Philadelphia.

The experiences don't

The experiences don't justify an opinion - though it would be bizarre to assume one's experience doesn't inform one's opinion.

But - I feel your pain about not feeling pain.

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