The Labeling Theory: Floyd Vs. City Of New York

In April of 2007 an African American man studying to be a doctor, is stopped and frisked by three New York City Police Officers. The man, 33 year old David Floyd said he was not doing anything suspicious. This is the now famous case of Floyd v City of New York which challenged stop and frisks as discriminatory and unconstitutional. The judge ruled stop and frisk cases like Floyd vs New York are discriminatory and police tactics like this must be reformed. Because not only are people being treated unfairly, they become labeled as criminals and often go on to live up to that kind of expectation. In other words, the practice may be creating criminals. This is the Labeling Theory which was created by sociologist Howard Becker in 1963. “In its most superficial form... (it) suggests that individuals may feel obligated to act out roles dictated by their new status as criminals” (Ascani)
If an officer labels an accused, innocent person, that person might start to act out or like the way that they are being labeled.
“The Fourth Amendment requires that the police have a [reasonable suspicion] that a crime has been, is being, or is about to be committed before stopping a suspect. If the police reasonably suspect the person is armed and dangerous, they may conduct a frisk, a quick pat-down of the person’s outer clothing” (Cornell Law). But in many cases it has morphed into a tactic where officers believe people are suspicious, not based on any evidence, but just because they are minorities. The judge in the Floyd v City of New York ruled that’s what happened in that