According to Scott Johnson, “racial profiling is the use of race or ethnicity as grounds for suspecting someone of having committed an offense” (Scott Johnson). The United States Supreme Court has ruled that racial profiling violates the constitutional requirement that all persons should be accorded equal protection of the law. However, is this requirement defensible in public policy? It has been proven in previous research studies that racial profiling, if applied correctly, can be a useful defensible public policy. Studies such as the one conducted by David Harris, who is a law professor at the University of Toledo in Toledo, Ohio, show that the racial inequality in arrests made as well as crime rates have been reflective of one sided racial policies.(Harris). Also, Harris stated that, “crime rates are equal among racial groups and arrests, convictions and incarcerations are unequal based on the premise that police, prosecutors and courts systematically pick on minorities due to the color of skin (Harris). For example, the Trayvon Martin case is evident that racial profiling was negatively applied due to stereotyping. Stereotyping is an exaggerated or distorted generalization about an entire category of people that does not acknowledge individual variation. Stereotypes form the basis for prejudice and discrimination. They generally involve members of one group that deny access to opportunities and rewards that are available to that group. This is a fundamental
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.
In 1994 Polly Klaas was kidnapped from a slumber party at her home in California and later murdered by Richard Allen Davis who already had 2 prior convictions for kidnapping on his record. The public was outraged that a repeat offender was able to attack again. Politicians catered to this outrage and sold the public on a bill that would repeat offenders off the streets for good with the three strikes and you’re out legislation.
The Fourth Amendment protects the right of people to be secure in their persons, ‘
There have been many attempts to make racial profiling illegal, but all have failed. Racial profiling is defined as suspecting an individual of a wrongdoing based solely on the individual’s race, ethnicity, religion, or national origin (Racial Profliling: Definition 2). Racism spreads throughout all dimensions of life in American society; therefore, the history of racial profiling is extensive, but it was at an all-time high after the September 11th attacks (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 10). It can be used in both positive and negative aspects, but is mostly used negatively. Racial profiling negatively effects society and the very existence of racial profiling is erroneous, discriminatory, and unjustifiable.
When racial profiling is used as a policing tool, Cassola maintains there is no evidence that one race over an other will take part in illegal activity. When using statistics to prove one race may commit a crime more often than others, she claims the results of this “are unreliable because they are themselves a reflection of racial profiling”. Due to this unreliability, she asserts that racial profiling is a useless policing tool. She continues to claim that by using race rather than personal behaviour, it allows those who do not fit the racial profile to be de-criminalized. In addition to this, she emphasizes that racial profiling “violates [our] constitutional right to be free from arbitrary detention and unreasonable searches, to be treated equally in front of the law, and to be treated without discrimination, stereotyping or prejudice”. To do this, she explains it can cause great apprehension of law enforcement, deter minorities from entering a law enforcement career, and further deepens the divide between police agencies and minorities. Due to racial profiling, targeted minorities may feel the need to avoid certain neighborhoods, avoid driving expensive cars, or displaying ethic or religious identifiers and this can cause “severe psychological
In relation to the debate of ‘racial profiling,’ Taylor and Whitney define racial profiling as “the practice of questioning blacks in disproportionate numbers in expectation that they are more likely than people of other races to be criminals” (Taylor & Whitney, 2002). Statistics show that African-Americans and Hispanics commit more crime than Caucasians, with 90% of the 1.7 million interracial crimes stemming from the hands of African-American men. Even looking at these numbers, does that make it okay for the police to arrest and interrogate these racial minorities at such a high frequency? Where are these statistics coming from? How accurate are they? Does the media provide a skewed analysis of these findings? These are the types of questions that need to be addressed in regard to evaluating the validity of racial profiling.
According to the 11 Facts about Racial Discrimination, “The U.S. Bureau of Justice Statistics concluded that an African American male born in 2001 has a 32% chance of going to jail in his lifetime, while a Latino male has a 17% chance, and a white male only has a 6% chance” (11 Facts about Racial Discrimination 1). Racial profiling, or discriminating against a whole group of people based on their race, is an unjust act and a big problem in our society today. Arresting people because of how they look like, or what they believe in is absurd. According to ACLU, “Racial Profiling refers to the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual 's race, ethnicity, religion or national origin” (ACLU 1). Although law enforcement assumes they are doing their job, they need to remain objective and fair in all situations, because they are violating rights, lacking protection and risking lives.
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
One of the most imminent threats looming within American society is race relations. America is a melting pot of different races, cultures, and religions, yet the matter of racial profiling still remains prominent today. By definition it is considered “an activity carried out by enforcers of the law wherein they investigate or stop any individual in traffic or round up people of the same race or ethnicity for crime suspicion” (NYLN.org ). This profiling has become a significant catalyst in the tension that has been ensuing between minorities and the government. Hostility has grown due to the apparent and intentional targeting of “brown people”, and
Racial profiling is a very prevalent issue within the criminal justice system that is quite controversial, but there is a significant number of evidence that shows that racial profiling has been present since the 1600’s and continues to be a significant issue. Racial profiling is evident in the criminal justice system in various ways such as in interrogations, jury selection, misleading statistics, stops, and immigration laws. Racial profiling within interrogations and jury selection can be seen with the Brandley v. Keeshan case. Racial profiling within statistics can be seen in instances where the numbers focus on arrests and incarcerations that do not necessarily mean a crime was committed. Stops are seen as evidence showing racial profiling with a personal experience, and lastly, immigration laws are seen as showing racial profiling by the encounter of a Mexican American women had with an officer in Arizona.
There are many types of racism in America that cause people to make accusations against law enforcement for discrimination. One type of racism is racial profiling. It is a strategy that encourages police officers to stop and question minorities only because of their race. It takes place in a variety of routine police encounters. Unmotivated searches occur everyday among the minority groups. Could you imagine waking up and being scared to walk outside your house because of the color of your skin? This is a fear of almost everyone belonging to a minority group. This continues to be a widespread problem throughout the country.
Racial profiling is simply, “the unlawful police practice of using race, color, or ethnic background, as the reason for conducting a traffic stop on an individual.” (Michigan Civil Rights Commission) This definition can be extended to any kind of discrimination mainly based on myths and stereotypes towards a certain race or ethnicity. However, the term racial profiling is commonly used when a police officer or any other law enforcer stops, questions, searches or arrests an individual purely on the basis of their race. African Americans or simply blacks have been the major racial group that has suffered much of racial profiling. Much of this is based on the stereotypes against the blacks are perceived as more likely to engage in criminal activities. For instance, in a 2013 Racial Profiling Data from Ferguson Police Department, out of 5384 police stops, 4632 were against blacks. (Ferguson Police Dept. 1) Despite the low population of blacks in U.S. compared to other races, the former continues being subjected to more racial profiling. Racial profiling against African Americans continues to expose the blacks to humiliation and racial injustices, as this paper will expose, thereby calling for the responsible authorities to address and find solutions for the problem.
While racial profiling is used to solve many crimes, using race as a description of the criminal being pursued does not constitute discrimination. “Racial profiling does not refer to the act of a law enforcement agent pursuing a suspect in which the specific description of the suspect includes race or ethnicity in combination with other identifying factors.”1 Identifying and defining racial profiling simply on the basis of race can raise several issues. Using this definition solely based on race fails to mention when police act on the basis of race along with a violation. For example an officer who targets African Americans who were jaywalking would not be considered to be racial profiling because the people that were stopped were jaywalking and happened to be African Americans.
Benjamin Todd Jealous once said, “Racial profiling punishes innocent individuals for the past actions of those who look and sound like them. It misdirects crucial resources and undercuts the trust needed between law enforcement and the communities they serve.”(Jealous, 2015). I couldn’t agree more with him. In today’s society more and more Black men and women suffer from police bias. Police is a powerful organization that was meant to serve and protect. Enforce laws and keeping communities safe. The problem is we fail to acknowledge that police are humans with real life bias. The problem with police is how much racial profiling is going up,
Just what is racial profiling? Racial profiling is a law enforcement and security agency practice that encourages officers to stop, search, and investigate people based on race, ethnicity, nationality or religion. While racial profiling is most commonly committed against ethnic minorities, many instances of racial profiling occur in reaction to specific crimes, making any racial or cultural group subject to more intensive scrutiny by the authorities. (ebscohost.com) This is what I think bout racial profiling, it like it occurs when the police targets someone for investigation on the basis of that person's race, national origin, or ethnicity. Examples are the use of race to determine which drivers to stop for minor traffic