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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review August 19, 2013/ 13 Elul, 5773

Blood is on stop-and-frisk judge's hands

By Christine M. Flowers

Christine M. Flowers


http://www.JewishWorldReview.com | (MCT) It's always a dangerous bit of hyperbole to say that someone has "blood on his hands." Instead of pointing the finger at the actual killer of abortionist George Tiller, choice activists accused pro-lifers of having the doctor's blood on our hands. When the Senate failed to pass gun-control legislation, anti-gun activists said that NRA president Wayne La Pierre had the blood of the Newtown kindergartners on his hands. When four Americans were assassinated in Benghazi, some conservatives accused President Obama of having their blood on his own hands.

As much as I am not a fan of La Pierre or Obama, I find it ridiculous to turn them into Lady MacBeth, lurching down the corridors of our collective conscience screaming "Out, out, damned spot!" As far as the pro-life movement being responsible for spilled blood, that is a bitter irony given the millions of lives lost in the name of "choice."

Sometimes, however, hyperbole is the only thing that accurately captures the anger of a community whose safety and welfare are being cavalierly sacrificed at the altar of good intentions and twisted thinking. Today, that community is New York. Tomorrow, it could be us.

On Monday, federal judge Shira Scheindlin came to the edge of her ivory tower and made the following pronouncement: the Big Apple's "stop and frisk" policy, one credited with having saved thousands of lives over the past decade, is unconstitutional. She did not say it was ineffective, because she couldn't, given the overwhelming evidence to the contrary. She did not say it was impractical, because she couldn't do that either, given the relative efficiency of the NYPD in implementing the policy.


What the judge with the lifetime appointment said from her elevated perch above the streets with its noise and potential for mayhem was that a police officer who reasonably believed that a crime was about to be committed could not stop and then search a suspect without triggering a fourth amendment violation. And she told the city that it had to neuter the program to bring it in line with the constitution.

Never mind that the uber-liberal Warren court (which was fairly familiar with the Fourth Amendment) ruled otherwise. In Terry v. Ohio, the court held that if an officer had a reasonable suspicion that a crime was about to be committed, he could stop and then 'frisk' the target. Any contraband discovered could be used as evidence in court.

But Scheindlin knows better than the Supremes.

She reviewed 19 instances out of the approximately 4 million stops that had occurred in the past decade, and found that five were completely lawful, nine were completely unlawful, and five others were a hybrid. That means, then, that out of millions of applications, the policy was only proven to have violated someone's constitutional rights in about .01 zillionth of an instance.

You might argue that this doesn't mean all those other stops were lawful. I agree. We don't know if the police overstepped their bounds in, say, instance number 3,000,254.

What we do know is that since the policy was implemented there has been an exponential drop in homicides. If we were talking about gun control as opposed to stop-and-frisk, advocates would be waving those statistics in front of every camera they could find, prattling about how well their policy worked.

But alas, when you raise the dreaded shadow of racial profiling, you are not supposed to exult in the bottom line. Who cares that thousands upon thousands of Black and Latino children are alive today because their mothers and fathers were not murdered on the doorstep? If there is the prospect that those same children will be inconvenienced because some over-zealous police officer stops them without a really, really, really reasonable suspicion, we have to pull out copies of the constitution and hogtie the folks with the badges. In this post-Trayvon era, pretty much everyone not wearing a hoodie is a racist, after all.

Judge Scheindlin has a history of not liking the police, and she didn't disappoint this time. Effectively co-opting the language of the aggrieved civil rights plaintiffs, Scheindlin made it sound as if the sole purpose of the NYPD was to abuse minorities.

In a 195 page lament, she called stop-and-frisk a "policy of indirect racial profiling" that targeted "blacks and Hispanics who would not have been stopped if they were white." Scheindlin sounds more like a host on MSNBC than a legal authority. Her decision is shot through (excuse the pun) with unintended irony, as when she points out that the stops "soared in number" as the crime rate plummeted. Instead of realizing that, um, maybe this shows their effectiveness, she concludes that it represents an overall disregard for the Fourth Amendment.

Someone needs to explain chickens and eggs to the good judge. Right after they give her a cloth to wipe her bloody hands.

Christine M. Flowers is a lawyer and columnist for the Philadelphia Daily News. Comments by clicking here.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Previously:



08/13/13: Hey, social progressives: Women can actually think with an organ other than a uterus
08/06/13: Media make our enemies seem friendly
07/29/13: Mrs. Anthony Weiner = Hillary 2.1
07/08/13: A voice of reason, from the dustbin
07/04/13: Heroes are all around us
05/27/13: Vietnam vet's words soothe modern tragedies
05/22/13: Circling the presidential-protection wagons
05/15/13: Divorce can't be just the pursuit of happiness
05/07/13: We knew Jackie Robinson, and Jason Collins is no Jackie Robinson
05/01/13: Blame pro-choice lobby for Philly monster
04/23/13: Of damnation, and staring back
04/15/13: Margaret Thatcher changed the world, and didnít have to be a feminist to do it
04/08/13: Taking great pleasure in the death penalty
04/01/13: An easy prediction --- bet on the unpredictable
03/26/13: 'The personal is political' is no reason to change
03/19/13: A word to the whines --- it was just some high jinks
03/11/13: The Great Race Debate, revisited
03/04/13: Marriage goes beyond love
02/19/13: 2 women, and what they're fighting for
02/04/13: Sadly, Scouting seems poised to give up the fight
01/15/13: Reflections from Gettysburg
01/02/13: The mentally ill vs. those who love them
12/27/12: Rapper learns he's just another guy on probation
12/20/12: Cold, hard truth about the killer
12/10/12: When a warm heart meets a cold manipulator
11/22/12: Some women don't know how good they have it


© 2013, Philadelphia Daily News. Distributed by McClatchy-Tribune Information Services.

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