Discretion in the stop and search context have come under much Essay

Discretion in the stop and search context have come under much scrutiny as it has widely been linked to racist practices.Discuss - Essay Example Although stop and search normally happens in public places, it may also be implemented in certain private areas. However, police discretion to stop and search individuals in public has become one of the most contentious aspects of British policing, and several empirical researches, anecdotal evidences, and survey data point to the ineffective and discriminatory use of the police powers. Significantly, the question of police powers to stop and search people has become one of the central questions in the debate about the relationship between police and community. Most notably, discretion in the stop and search context give rise to several related issues including racist practices and it remains a bare fact that Black people are more likely to be stopped than White people. As Bowling and Phillips (2007) maintain, â€Å"the statistics show that the use of the powers against black people is disproportionate and that this is an indication of unlawful racial discrimination. If stop and sea rch powers cannot be electively regulated – and it seems that they cannot – then their continued use is unjustified and should be curtailed.†1 Therefore, it is fundamental to establish that discretion in the stop and search context has come under much scrutiny as it has widely been linked to racist practices. This paper makes a reflective exploration of the use of discretion in the stop and search in relation to racist practices. Discretion in the Stop and Search and Racist Practices The fundamental relationship among the concepts of ethnicities, racism, crime, and criminal justice has been widely acknowledged in the various empirical studies in criminology. Significantly, the modern strategies of police and policing affect the minority communities and ethnic groups. Ever since the beginning of post-colonial migration to the U.K., the relationship between policing and minority ethnic communities have been characterised by mistrust, resentment, and suspicion. As W hitefield (2004) maintains, the anti-immigrant attitudes and insensitive policing of the early years of post-colonial migration developed ‘mistrust, resentment, and suspicion’ between the police and minority ethnic communities. For example, the West Indian Standing Conference report by Hunte (1966) draws attention to police officers going â€Å"nigger hunting †¦ to bring in coloured person at all costs.† 2 Significantly, oppressive policing against African, Caribbean, and Asian communities takes the form of mass stop and search operations, the improper use of paramilitary methods, disproportionate surveillance, groundless armed raids, etc. â€Å"Among the various aspects of the relationship between the police and minority ethnic communities, it is the practice of ‘stop and search’ that has been the most contentious.† 3 Therefore, police discretion in the stop and search context has given rise to heated debates in criminal justice seeing t hat it has widely been linked to racist practices. First of all, it is essential to realise what ‘stop and search’ exactly means and what are the various contexts in which the police discretion in the stop and search is applicable. According to the Vagrancy Act of 1824, any individual in suspicious context could be arrested and prosecuted by the police, and there are evidences to establish that this discretionary power of the police