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Pages:
4 pages/≈1100 words
Sources:
2 Sources
Style:
APA
Subject:
Law
Type:
Article Critique
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 19.44
Topic:

Dual-Court System and Roles of Courtroom Workgroup

Article Critique Instructions:

Article Critique: Dual-Court System and Roles of Courtroom Workgroup Assignment
Locate two (2) peer-reviewed articles no older than 5-10 years that discuss 2 historical Supreme Court cases and review the video titled: “Dual-Court System and Roles of Courtroom Workgroup” found in the module’s Learn section. This historical case law choice is limited to search and seizure, stop and frisk, searches for evidence, or police interrogation and confessions. Chosen articles do not have to be on the same topic although they may be. Find articles related to case law on the aforementioned topics but do not consider articles merely discussing the case law itself. Provide an in-depth discussion of the findings of each article. With respect to the specific case law you have analyzed, defend constitutional democracy and the issues raised in case law from a Christian and Biblical worldview.

Article Critique Sample Content Preview:

Article Critique
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Abstract
A key historical case law that has a significant influence on policing is Terry v. Ohio ruling. The ruling allows the police to stop and frisk a suspect as long as they have reasonable suspicion that the individual may pose a safety risk to them or the public. In their article, Carbado, (2017) and Jones (2018) deem the case law problematic noting that it contributes to racial disparity in how police treat individuals. Carbado (2017) observes that the law exposes African Americans to police violence, while Jones (2018) describes racial profiling of African Americans as one of the negative consequences of Terry v. Ohio. Notably, the main failing of the Terry v. Ohio ruling is that it did not establish the guidelines that should be used to judge the legality of a stop and frisk, thereby opening room for abuse of police powers. 
Article Critique
One of the historical case laws is Terry v. Ohio as it set the precedence for the stop-and-frisk practice as applied by the police officers and has resulted in several other case laws such as Illinois v. Wardlow. In their articles, Carbado, (2017) and Jones (2018) explore the negative consequence of the Terry v. Ohio decision to allow stop and frisk. The two articles note that Terry v. Ohio has increased the likelihood of racial profiling. Notably, the main criticism of Terry v. Ohio that emerge from a critique of Carbado, (2017) and Jones (2018) is that the failure to set boundaries for stop and frisk has resulted in increased abuse of police power at the expense of African American community.
Article 1-Background
In the article, “From Stop and Frisk to Shoot and Kill: Terry v. Ohio’s Pathway to Police Violence,” Carbado (2017) attempts to reiterate the key role that law plays as a contributing factor to race and police violence. The specific focal area of the article is the role of stop-and-frisk jurisprudence in the area of the Fourth Amendment serves as a facilitating factor to police violence against minorities. The article begins by providing a theoretical model that examined the extent to which African Americans experience police violence and proceed to explore the role of the stops and frisk in the framework (Carbado, 2017). The article contends that the decision in the Terry v. Ohio case lowered the burden of proof required to stop and frisk an individual while dismissing the concerns about race. 
The main claim of the article is that the decision in Terry v. Ohio is problematic not because it allows stop-and-frisks when police have reasonable suspicion that their safety or that of others is in jeopardy, but because the law did not strictly prohibit police officers from taking action in instances where they had such concerns (Carbado, 2017). In so doing, the historical case law eroded the probable cause standard that was the main foundation of the Fourth Amendment. Due to frequent engagement with police officers, the suspension of the probable cause standards by the Terry v. Ohio decision disproportionately affected African American population as it allowed police officers to target African Americans without necessarily having to...
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