“In two short decades, between 1980 and 2000, the number of people incarcerated in our nation’s prisons and jails soared from roughly 300,000 to more than 2 million. By the end of 2007, more than 7 million Americans–or one in every 31 adults–were behind bars, on probation, or on parole.” (Alexander 60) Today we are surrounded by the question, whether the law enforcement’s perception of the Fourth Amendment is corrupted allowing ethnic profiling. Although there are a variety of beneficial measures in the Fourth Amendment, there are plenty of aspects that justice is truly blind, lacking equal protection for all backgrounds. By displaying a prior inequity case of the Terry V. Ohio incident, the ramification of racial profiling and the steps that can be taken in order to propose a balanced, and secured proposition promising one’s freedom.
Many citizens are unaware of where one’s rights lies or consist of, such as the Fourth Amendment. The Fourth Amendment gives the right for one to, “be secure[d] in [ones’] persons houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Albanese) The Fourth Amendment is actually included in the the first ten amendments, known as the Bill of Rights written by the founding father, James Madison being ratified in the 1790’s authorizing the Supreme Court to grant and regulate the power of the Fourth Amendment given to police when believed their is suspicion of illegal activity, permitting “flexibility” (qtd. In. Amar) in searches and seizures. However, there are numerous of reports of police harassment that have fallen upon African Americans. These “unreasonable suspicion,” have led to deaths or known as the: Mass Incarceration of Colored Men. Whether they are driving home from a long day of work, or as they take a stroll during the night to enjoy a serene, silent walk, these men are stopped constantly by policemen, because police FELT that these colored men may somehow cause harm to the community leading to searches of their homes, cars, or even themselves.
In America’s judicial system, the color of skin or race are often equated with criminal behavior. Dr. King once said “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” As United States citizens, we are not convicted of a crime until proven guilty. However, racial profiling aids law enforcement on deciding when to pursue or detain a suspect based on race. This method undoubtedly categorizes that certain races are more prone to commit crimes. Nevertheless, racial profiling is a violation of constitutional rights thus protected by federal law; oddly it is often disregarded by states.
Michael Brown in Ferguson, Eric Garner in Staten Island, Tamir Rice in Cleveland, Walter Scott in North Charleston and, most recently, Freddie Gray in Baltimore have dominated the headlines this entire school year. These men and their stories provide the basis for claims of racially discriminatory treatment of African Americans at the hands of the police. It is true that each of the stories surrounding these men is different, but the one unifying theme is that police around the country are interpreting our Constitutional rights in a way that is insufficient to protect African Americans and the population in general. This paper will explore one Constitutional right— the 4th Amendment protection against unreasonable search and seizures--and examine how one Supreme Court decision that narrowed the scope of the 4th Amendment and unintentionally created a mechanism by which the rights of citizens could be unfairly impeded by police.
To determine whether racial profiling is morally wrong, it must be clear as to what it is and what it does. Racial profiling is the use of race as at least one factor in determining whether or not to investigate someone and how thoroughly to investigate them. It involves practices of unreasonable search and seizures because of a person’s race even when there is no logical reason to believe that particular person is guilty of anything. In this paper, I will consider an argument for the conclusion that racial profiling is morally wrong because it involves unreasonable search and seizures because of a person’s race and not their behavior. I will then consider the objection that racial profiling can be morally acceptable, when it is rational. I conclude that racial profiling promotes discrimination and therefore is morally wrong.
Racial Profiling is an act of automatically defining or identifying someone based on their ethnicity. This act was most recognized during the late 1800’s in the U.S. under the Jim Crow law. It was passed in order to segregate whites and the colored in America. It fundamentally made whites superior to all. Though, in 1964 the Civil Rights Act passed stating that anybody of any ethnicity or religion are to be equal and united. However, today this law has never been truly accepted when seeing the statistics of the type of people being stopped by the police. In fact, based on the statistics of the people stopped, there is an ethnic disproportion which shows that the police use racial profiling. Even though innocent people are stopped, the
The Fourth Amendment states “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Despite this right, multiple minorities across the country suffer at the hands of police officers through racial profiling; the singling out of a person or persons as the main suspect of a crime based on their race. Many people have also suffered
A problem we are currently facing and have been facing for quite a while is racial profiling. An individual should not be stopped on the highway or sidewalk because of their race. People should not have to live their lives in fear of being killed because of suspicion due to the color of their skin, or the stereotype they have. The individual should know their rights, and be educated on what they can and can’t do when being approached by police so that things don’t end in violence. From the point of view of the state trooper, a motorist who is stopped and searched is a potential catch, a shot at a big, career building drug bust. But most of those who are searched are totally innocent, and from their viewpoint the process looks and feels very different. You are stopped for a minor or nonexistent traffic violation; the officer scrutinizes your car carefully through the window and then tells you to step outside; he asks you pointed questions about your trip, your plans, your companions, your friends, and perhaps expresses doubts about the honesty of your answers; he asks for permission to search the car; if you agree, he rummages through your vehicle and belongings; if you refuse, he calls for backup and a police dog to sniff your car for drugs.
When people act on their stereotypical views, that is when stereotyping becomes a big concern and can affect others.Stereotyping is the main cause that leads to profiling. Anyone of any race can experience profiling, and racial profiling discriminates and victimizes people who may not necessarily be committing a crime.
“In 2005, a study analyzing data accumulated statewide in Texas reveals disproportionate traffic ceases and searches of African Americans and Hispanics, even though law enforcement authorities were more liable to find contraband on Whites.” (The Reality of Racial Profiling) The utilization of personal characteristics or comportment patterns to make generalizations about a person is called racial profiling. Throughout time, the utilization of race by law enforcement agencies in their policing activities has received considerable attention across the nation. The 4th amendment right that one has as an American, which is protecting against unreasonable search and seizure, is becoming contravened; one reason for the way one looks. The U.S. Supreme Court has held that racial profiling violates the constitutional requirement that all persons be accorded equal protection of the law, but it is still occurring in our society. Racial Profiling has caused the violation of our rights whether it maybe from a terry stop that was originated for the case Terry vs. Ohio, stop and frisk, racial vehicle stops, and the Support Our Law Enforcement and Safe Neighborhoods Act also known as Arizona SB 1070.
"I don't want to talk about whether or not racial profiling is legal. Racial profiling is not an effective law enforcement tool." -- Eric Holder, 82nd Attorney General of the United States
Profiling is “the act or process of extrapolation information about a person based on known traits or tendencies”, according to the Merriam-Webster Dictionary. The practice of racial profiling is coming up with these “known traits or tendencies” and using them when interacting with people of a particular race, without considering the individual. The issue with these generalizations are that they become engrained in society and have subsequent consequences on those they are imposed upon. In the case of black men in America, the repercussions of this idea are seen in most facets of life. Predominately, the wage gap between white men and black men is an ongoing issue that is linked to preconceptions. Additionally, the achievement gap in the classroom has seen disparities that have prevented black men from having the necessary foundation to be successful. Ultimately, racial profiling has most notably been exposed by the actions of law enforcement and the criminalization of black men. In Dominique Morisseau’s “Night Vision”, the character Ayana reveals how racial profiling black men has integrated itself into the subconscious, which has surfaced in negative impacts on economic, education, and legal outcomes in America.
The United States is a media driven society and controversial topics are enhanced because of the resources available in the American civilization facilitating communication and awareness. Racial profiling is a complex topic that mostly affects minorities, however, everyone is affected by this issue in today’s society. After the attack on the World Trade Center, racial profiling has been used to presumably stop or prevent terrorism. It has come to light that this approach has had a diminutive progress, no terrorist has been caught through this technique. To this day some Americans are still distrustful of Muslim and Middle Eastern individuals. Some argue that racial profiling has the potential to catch terrorists, but social profiling can sometimes justify terrorist acts and its discrimination. The recent eradication of the Deferred Action for Childhood Arrivals (DACA) has affected thousands of recipients in a comparable way, but it has taken a toll on their social life. The DACA program was launched as an attempt to provide a means by which persons who do not have a legal status, but were brought to the Unite States as minors, could apply for legal permanent status, leading to neutralization (“A Brief History”). Although it is very common for our community to think of racial profiling as an absent or past issue, the obstacle is still present and is currently being contemplated to analyze its effect on the American society along with discrimination.
Read the article: "Racial Profiling: A Survey of African American Police Officers"(Barlow & Barlow, 2002). Using concepts from chapters 1-6 as the basis for your analysis, in a narrative format of 750 or more words, summarize: (a) the research problem, (b) the literature review, (c) data-gathering strategy, (d) any hypotheses, (e) the dependent and independent variable in one of the cause-effect relationships tested by the researchers, (f) how the dependent and independent variable were operationalized, (g) other variables that should have been measured and/or controlled, and (h) the key findings and/or policy issues.
Racial profiling impacts the lives of African Americans, Asians, Latinos, South Asians, and the Arab communities (Persistence of racial and ethnic profiling in the United States: a follow-up report to the U.N. Committee on the Elimination of Racial Discrimination 12). Profiling based on race stems from racism, and has lastingly marked and structured the society of the United States (10). In some aspects, it is considered a violation of human rights; therefore, acts then started to develop (12). For example, the United States introduced the Subsequent End of Racial Profiling Acts to Congress in 2004, 2005, 2007, and 2009, but they
According to research obtained by Cornell University scientists, 92% of Americans watch TV, 87% read newspapers, and 81% specifically watch local or national televised news stations…
Over the years Racial Profiling in some aspects has evolved from minor prejudice acts to major consistent murders in the U.S. Many U.S citizens argue that racial profiling eliminates potential crimes, saves law enforcement a great portion of money and fits the demographics of usual crimes. Although, other citizens of the U.S may deeply disagree and rebuttal these claims by stating that racial profiling directly violates individual rights, can be detrimental and could potentially make an entire community feel unsafe.