Article Review : Feds Release Profiling Restriction

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

This will be useful to my essay because it is proof racial profiling still exists and there is a need to educate the public so we can demand change or better yet a cease to exist. Also, I can use this article for a counter-argument.

Racial profiling can be defined, according to the American Civil Liberties Union, as the discriminatory practice by law enforcement officials [or security personnel] of targeting individuals for suspicion of crime based on the individual 's race, ethnicity, religion or national origin. Although this act is not directly illegal, it violates core principles of our democracy: two of them being, the Fourteenth Amendment, which outlines the citizenship of African Americans along with equal protection of the laws, including the right to life, liberty and property, and due process, and the Fourth Amendment, which provides citizens their right against unreasonable searches and seizures. Racial profiling affects a wide range of minority groups. Reports on alcu.org state, “More than 240 years of slavery and 90 years of legalized racial segregation have led to systemic profiling of blacks in traffic and pedestrian stops” (Racial Profiling). Members of South Asian, Arab, and Muslim communities have also been categorized in regards to travel and terroristic activities by federal law enforcement and airline security due to the events on September 11, 2001. Latino communities have too been profiled and alienated due to the

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.

The term profiling is defined as “the use of personal characteristics or behavior patterns to make a generalization about a person”; therefore, this refers to gender profiling. The second part of the definition also states the “use of these characteristics to determine whether a person may be engaged in illegal activity” refers to what is called racial profiling (Dictionary.com, n.d.). Profiling has been used within in law enforcement for a number of years, as it provides informational analysis for solving crimes, but unfortunately over time, profiling has become the focus of race and ethnicity. The intent of profiling was designed as a legitimate tool for law enforcement to utilize for positive reasons, but to understand why profiling has been given such a negative outlook; it must be understood that profiling can either be proactive or reactive in its use.

Racial profiling remains a dormant issue in the United States. It is the act of the authority, mostly, police officers linking minority status to criminal behaviour (Glover, 2007). Several police officers in the United States target specific groups because they don’t display characteristics of typical Caucasian individuals (Glover, 2007). To put history into context, before 9/11, not many police officers profiled individuals based on their ethnic backgrounds but after the attack, there was an increase in racial profiling (Harris, 2006). A racial profiling method that became prevalent in the 1980s in the United States was administered by the U.S Drug Enforcement Administration. Operation Pipeline was a program that they launched to help police officers catch drug traffickers (Harris, 2006). In a video, they taught police officers to look for clues that would help them recognize criminals. It was noticed that police officers made a majority of stops to people with Hispanic last names (Harris, 2006). Marshall Frank, a former police officer was asked what police officers should do if they saw an African man driving around a white community. Frank responded by stating that the police officers should stop the vehicle and investigate the reason to why he was there even if there was no occurrence of a crime (Harris, 2006).

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

So before I can answer this million dollar question I need to establish what racial profiling is. According to the American Civil Liberties Union it is “when law enforcement and private security target people color for humiliating and often frightening detentions, interrogations, and searches without evidence of criminal activity and based on perceived race, ethnicity, national origin, or religion.” In plain English this means a person is perceived to have committed a crime only because of their race.

“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.

Racial profiling has been an issue in society for as long as America had a criminal justice system. "Racial profiling is a problem because it refers discriminatory practice bye-law enforcement officials of targeting individuals for suspicion of crime based on the individual 's race, ethnicity, religion or national origin." In 1868, the fourteenth amendment was ratified which states, " No state. Shall deny to any person within its jurisdiction the equal protection of the laws," would have made racial profiling illegal had it been enforced by the courts." Many years passed and individuals are still being racially profiled. After the 2001 terrorist attack, George W. Bush signed an executive order banning the use of race, color, and ethnicity to profile suspects in 70 different federal agencies." The nature of this social problem is still very serious, so why is racial profiling still a problem in America today?

The people has made it clear that the concern on racial profiling is wrong with our core values and principles of fairness and justice. The use of race as the basis for law enforcement decision making clearly has a terrible cost, both to the individual who suffer invidious discrimination and to the nation, whose goal “liberty and justice for all” recedes with every act of such discrimination. For this reason many cases impose more

Even the United States struggles with issues of racial discrimination despite being a society highly based on immigrants and multicultural diversity. On one hand, people frown on treatment based on race, whether that is on an individual or group level. On the other, people are tired and annoyed by the seemingly constant call of discrimination. All of these feelings culminate into the debate pertaining to the use of racial profiling. Likewise, there are some individuals that hold a certain level of acceptance in regard to racial profiling. However, what is lost in the process because of that acceptance? There are many components that need to be thought about in reference to the use of racial profiling. In addition, it can be viewed

Racial profiling dates back to as earlier as the 1700s. It was during this time, that many African Americans were used as slaves, and those African Americans who were free were required to carry registry papers to claim they were indeed free. Though they were free, those African Americans were still racially profiled in Southern states. Some of the southern states even sent out special slave patrols that would hunt for what they believed to be escaped slaves. Members of these groups, if they found free African Americans accused them of being runaway slaves (Gale Opposing). After the Civil War, laws such as segregation laws, and Jim Crow laws were created to form more separation. These laws kept blacks and whites separate in public places such as restrooms, churches, public transportation, restaurants, and schools (Gale Opposing). Laws today for racial profiling may have changed, but attitudes toward it have not. We find that years later racial profiling continues, and many people are suspected of committing crimes for little more than the color of their skin. Police today use more racially driven practices to try and accuse many of crimes (Gale Opposing). Practices such as "Stop and Frisk" have proven to be more hurtful than useful, with data supporting that this practice has no proven practical use these actions are seen as a serious act of unfair racial scrutiny and are of no use in society today.

Racial profiling has been a recurring issue for quite a while in the history of America and it appears as if it will proceed the same. Many individuals do not know what racial profiling stands for and sometimes victims of racial profiling aren’t even aware of the meaning. Racial profiling is often identified as the use of race by any law pursuing organization to any extent, as a reason for unlawful conjecture in non-specific inspections. Every person is entitled to basic human freedoms and rights, which are undermined when discrimination based on religion, nationality, ethnicity, race, or other particular status occurs. It is unlawful to discriminate against citizens regardless of their race according to the United States Constitution, Civil Rights Act of 1964.

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.