Abstract

This chapter explores the expressive meaning of stops and frisks, paying special attention to frisks—police touching of people who, in the eyes of the “law,” are innocent. It argues that stops and frisks can be constructed as a form of torture, the effect of which is the assertion of police dominance of the streets. Stops and frisks cause injuries similar to those of illegal forms of tortures, and have the same kinds of “benefits.” Stops and frisks blur the line between regulation and punishment. They are not supposed to be punishment, but they feel that way to their victims. The chapter is organized as follows. It begins by describing the Terry doctrine and its practice in the real world. It then offers a definition of torture, relying on Foucault's influential construct in Discipline and Punish. Next, it attempts to prove that stops and frisks are a form of torture. The final part of the chapter considers the purpose that this torture serves.