Suspicion (emotion)
Encyclopedia
Suspicion is a cognition
of mistrust in which a person doubts the honesty of another person or believes another person to be guilty of some type of wrongdoing or crime, but without sure proof. Suspicion can also be aroused in response to objects that negatively differ from an expected idea. In the US, the courts use the term "reasonable suspicion
" in connection with the right of the police to stop people on the street. The word comes from Middle-English via the Old French word "suspicion", which is a variation of the Italian word "sospetto" (a derivative of the Latin term "suspectio", which means "to watch").
(1561–1626) wrote an essay entitled Of Suspicion, in which he stated that suspicions need to be repressed and well-guarded, because otherwise they will cloud the mind, and cause a ruler to move towards tyranny, due to the fear that his subjects are conspiring against him, and a husband to become jealous and fearful of his wife's interactions with other men. Bacon argued that the root of suspicion was a lack of knowledge; as such, the remedy to suspicion was to learn more about the issue that is troubling you. If a husband is concerned about his wife's male friends, he should ask her about the nature of these friendships, and state his concerns, rather than building up his suspicions. Bacon urged people who were harbouring suspicions to be frank with the people that they were suspecting, and clear the matter up.
The British dramatist William Shakespeare
noted that "suspicion always haunts the guilty mind". English Renaissance dramatist, poet and actor Ben Jonson
(1572–1637), a contemporary of Shakespeare, described suspicion as a "black poison" that "infects the human mind like a plague". Samuel Johnson
(1709–1784), an English author and essayist,
called suspicion a "useless pain" in which a person has a belief that a formidable evil lies within all of their fellow men. The Scottish poet and a lyricist Robert Burns
(1759–1796) called suspicion a "heavy armour" that impedes humans more than it protects them. Mahatma Gandhi
, the political and spiritual leader of the non-violent Indian independence movement, warned that if suspicions arise about any of a person's motives, then all of their acts can become tainted with this mistrust and uncertainty.
meant an opinion founded on a small amount of evidence
and far from certain. Trajan
ruled that "no one should be condemned on the ground of suspicion alone". Medieval Roman law of evidence regarded suspicion as a low grade of proof, sufficient for making further inquiries but insufficient for making a legal decision.
In the US and Canada, the concept of suspicion is part of the legal codes. People can be arrested on suspicion of involvement in various criminal activities ranging from driving under the influence to belonging to a criminal gang. As well, in the US, the courts use the term "reasonable suspicion
" in connection with the right of the police to stop people on the street. In the US, police officers cannot stop a person and search the person for no reason, or just because they have an unexplicable "hunch" or "bad feeling" about a person.
Before police can stop and search a person (or the person's car), the police have to have "reasonable suspicion" that the person is involved in some illegal activity. A person walking down the street may be stopped and searched if they are walking unsteadily or erratically, because this behaviour suggests that the person may be intoxicated or under the influence of drugs or alcohol. A person driving a car may be stopped and searched if the car is weaving in traffic or if the driver goes through a stop sign, because this behaviour may suggest drunk driving. A person walking into a bank in the middle of summer who is wearing a heavy woolen winter coat may be stopped and searched, because officers may have a reasonable suspicion that the individual may be hiding something under his coat, such as a shotgun or rifle.
or a "patdown" is a search of a person's outer clothing wherein a police officer
or other law enforcement agent runs his or her hands along the outer garments to detect any concealed weapon
s. In the case of Terry v. Ohio, 392 U.S. 1 (1968)
, the Supreme Court of the United States
held that police have the ability to do a limited search for weapons of areas within the suspect’s control based on a reasonable and articulable suspicion that the person stopped was "armed or dangerous" and had been, is, or was about to engage in a criminal act. The type of frisk authorized by this decision has become known as a "Terry stop
". When stopping someone, the officer must have a reasonable suspicion that criminal activity has been, is being, or is about to be committed.
The use of "Terry stops" has led to legal controversies in the US, because a series of high court rulings have lowered the standard needed by police to have reasonable suspicion of people who are in what are called "high crime" areas. Since high crime neighbourhoods tend to be lower-income areas inhabited by Black or Hispanic people, some critics argue that the "high crime" area exception to the Constitutional right against searches applies mainly to poor non-whites. As well, critics have argued that the designation of a neighbourhood as a "high crime" area can be subjective. In some court cases, the judges have accepted police officers' testimony that a neighbourhood was a "high crime" area without asking for independent, objective confirmation via crime rate statistics.
(including passing through airport customs). However, non-routine or invasive searches, like slashing open the spare tire of a car or cutting open a metal panel in a car, require reasonable suspicion. United States v. Flores-Montano
. Anything even more intrusive, like compelled surgery of a suspected balloon swallower
(a person who places illegal drugs in a balloon or condom which is tied and then swallowed), requires probable cause. United States v. Montoya De Hernandez
.
Cognition
In science, cognition refers to mental processes. These processes include attention, remembering, producing and understanding language, solving problems, and making decisions. Cognition is studied in various disciplines such as psychology, philosophy, linguistics, and computer science...
of mistrust in which a person doubts the honesty of another person or believes another person to be guilty of some type of wrongdoing or crime, but without sure proof. Suspicion can also be aroused in response to objects that negatively differ from an expected idea. In the US, the courts use the term "reasonable suspicion
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...
" in connection with the right of the police to stop people on the street. The word comes from Middle-English via the Old French word "suspicion", which is a variation of the Italian word "sospetto" (a derivative of the Latin term "suspectio", which means "to watch").
History
English philosopher, statesman, and author Francis BaconFrancis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...
(1561–1626) wrote an essay entitled Of Suspicion, in which he stated that suspicions need to be repressed and well-guarded, because otherwise they will cloud the mind, and cause a ruler to move towards tyranny, due to the fear that his subjects are conspiring against him, and a husband to become jealous and fearful of his wife's interactions with other men. Bacon argued that the root of suspicion was a lack of knowledge; as such, the remedy to suspicion was to learn more about the issue that is troubling you. If a husband is concerned about his wife's male friends, he should ask her about the nature of these friendships, and state his concerns, rather than building up his suspicions. Bacon urged people who were harbouring suspicions to be frank with the people that they were suspecting, and clear the matter up.
The British dramatist William Shakespeare
William Shakespeare
William Shakespeare was an English poet and playwright, widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's national poet and the "Bard of Avon"...
noted that "suspicion always haunts the guilty mind". English Renaissance dramatist, poet and actor Ben Jonson
Ben Jonson
Benjamin Jonson was an English Renaissance dramatist, poet and actor. A contemporary of William Shakespeare, he is best known for his satirical plays, particularly Volpone, The Alchemist, and Bartholomew Fair, which are considered his best, and his lyric poems...
(1572–1637), a contemporary of Shakespeare, described suspicion as a "black poison" that "infects the human mind like a plague". Samuel Johnson
Samuel Johnson
Samuel Johnson , often referred to as Dr. Johnson, was an English author who made lasting contributions to English literature as a poet, essayist, moralist, literary critic, biographer, editor and lexicographer...
(1709–1784), an English author and essayist,
called suspicion a "useless pain" in which a person has a belief that a formidable evil lies within all of their fellow men. The Scottish poet and a lyricist Robert Burns
Robert Burns
Robert Burns was a Scottish poet and a lyricist. He is widely regarded as the national poet of Scotland, and is celebrated worldwide...
(1759–1796) called suspicion a "heavy armour" that impedes humans more than it protects them. Mahatma Gandhi
Mahatma Gandhi
Mohandas Karamchand Gandhi , pronounced . 2 October 1869 – 30 January 1948) was the pre-eminent political and ideological leader of India during the Indian independence movement...
, the political and spiritual leader of the non-violent Indian independence movement, warned that if suspicions arise about any of a person's motives, then all of their acts can become tainted with this mistrust and uncertainty.
In Law
"Suspicion" in Roman lawRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
meant an opinion founded on a small amount of evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
and far from certain. Trajan
Trajan
Trajan , was Roman Emperor from 98 to 117 AD. Born into a non-patrician family in the province of Hispania Baetica, in Spain Trajan rose to prominence during the reign of emperor Domitian. Serving as a legatus legionis in Hispania Tarraconensis, in Spain, in 89 Trajan supported the emperor against...
ruled that "no one should be condemned on the ground of suspicion alone". Medieval Roman law of evidence regarded suspicion as a low grade of proof, sufficient for making further inquiries but insufficient for making a legal decision.
In the US and Canada, the concept of suspicion is part of the legal codes. People can be arrested on suspicion of involvement in various criminal activities ranging from driving under the influence to belonging to a criminal gang. As well, in the US, the courts use the term "reasonable suspicion
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...
" in connection with the right of the police to stop people on the street. In the US, police officers cannot stop a person and search the person for no reason, or just because they have an unexplicable "hunch" or "bad feeling" about a person.
Before police can stop and search a person (or the person's car), the police have to have "reasonable suspicion" that the person is involved in some illegal activity. A person walking down the street may be stopped and searched if they are walking unsteadily or erratically, because this behaviour suggests that the person may be intoxicated or under the influence of drugs or alcohol. A person driving a car may be stopped and searched if the car is weaving in traffic or if the driver goes through a stop sign, because this behaviour may suggest drunk driving. A person walking into a bank in the middle of summer who is wearing a heavy woolen winter coat may be stopped and searched, because officers may have a reasonable suspicion that the individual may be hiding something under his coat, such as a shotgun or rifle.
Frisking and "Terry stops"
FriskingFrisking
Frisking is a search of a person's outer clothing wherein a person runs his or her hands along the outer garments to detect any concealed weapons or contraband.-Stop and frisk:...
or a "patdown" is a search of a person's outer clothing wherein a police officer
Police officer
A police officer is a warranted employee of a police force...
or other law enforcement agent runs his or her hands along the outer garments to detect any concealed weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
s. In the case of Terry v. Ohio, 392 U.S. 1 (1968)
Terry v. Ohio
Terry v. Ohio, 392 U.S. 1 , was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police...
, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that police have the ability to do a limited search for weapons of areas within the suspect’s control based on a reasonable and articulable suspicion that the person stopped was "armed or dangerous" and had been, is, or was about to engage in a criminal act. The type of frisk authorized by this decision has become known as a "Terry stop
Terry stop
In the United States, a Terry stop is a brief detention of a person bypoliceon reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.The name derives from Terry v. Ohio, 392 U.S...
". When stopping someone, the officer must have a reasonable suspicion that criminal activity has been, is being, or is about to be committed.
The use of "Terry stops" has led to legal controversies in the US, because a series of high court rulings have lowered the standard needed by police to have reasonable suspicion of people who are in what are called "high crime" areas. Since high crime neighbourhoods tend to be lower-income areas inhabited by Black or Hispanic people, some critics argue that the "high crime" area exception to the Constitutional right against searches applies mainly to poor non-whites. As well, critics have argued that the designation of a neighbourhood as a "high crime" area can be subjective. In some court cases, the judges have accepted police officers' testimony that a neighbourhood was a "high crime" area without asking for independent, objective confirmation via crime rate statistics.
Border searches
U.S. Customs can do suspicionless searches of people and effects crossing the borderBorder search exception
The border search exception is a doctrine of United States criminal law that exempts searches of travelers and their property from the Fourth Amendment warrant requirement....
(including passing through airport customs). However, non-routine or invasive searches, like slashing open the spare tire of a car or cutting open a metal panel in a car, require reasonable suspicion. United States v. Flores-Montano
United States v. Flores-Montano
In United States v. Flores-Montano, , the United States Supreme Court held that customs agents may remove the gas tank from a vehicle crossing the international border in an effort to look for contraband.-Facts:...
. Anything even more intrusive, like compelled surgery of a suspected balloon swallower
Balloon swallower
A balloon swallower is an individual who crosses a border with the intent to smuggle drugs contained in his or her gastrointestinal tract or other body cavities.This term is used in American law enforcement for people crossing the United States-Mexico border...
(a person who places illegal drugs in a balloon or condom which is tied and then swallowed), requires probable cause. United States v. Montoya De Hernandez
United States v. Montoya De Hernandez
United States v. Montoya De Hernandez, 473 U.S. 531 , was a case appealed from the Ninth Circuit to the Supreme Court of the United States regarding balloon swallowing....
.