Milton Gordon
Mr. Hines
Ela 11
Period 4
2/9/16
No Officer, I’m not a Criminal
In the U.S, people are judged every day, whether it be by the way they look, talk, dress, or act. Humans are judgmental people who look for the faults in another. Race is one of these faults, and is a huge cause in civil rights violation. The dictionary defines racial profiling as, “the use of race or ethnicity as grounds for suspecting someone of having committed an offense”. However, in reality, racial profiling is violating the civil rights of minorities and Muslims. According to the National Institute of Justice (NIJ) “Racial profiling by law enforcement is commonly defined as a practice that targets people for suspicion of crime based on their race,
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Stolberg points out that racial profiling still continues even though it is against the law of the United States. While some may see this as a way of stopping crime, instead they are violating a person’s rights. An example of this is shown in the U.S today with Black Drivers.
” Under the law, officers may not use race and ethnicity in making police decisions... They apply to routine operations, to investigations and to traffic stops.”(Stolberg).Stolberg takes note on the fact that this is not uncommon and in fact is used in the regular practices in some police officers decision making. According to the Bureau Justice Statistics, in the year 2008, Black drivers were three times as likely to be stopped as White drivers. These statistics show how people of color are more likely to be tagged as a person of interest to police. But what the officers do not understand is that they are violating someone’s fourth amendment.
The fourth amendment puts a restriction on the power of the police to seize and search people, their property, and their homes. There are multiple cases in which a person of color has been profiled, and has had their rights violated by an officer of the law. An example being Samuel Dubose, an African American man who after being stopped by the Cincinnati Police, was fatally shot for trying to drive off when the cop tried to remove him from his car in 2015. Another being Sandra Bland, an African American woman who was arrested after a traffic
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.
A police officer’s abuse of power comes from the amounts of stop and frisks towards people of color and the actions taken for the arrest. A police officer will use pre-textual stops to justify stopping a black person. If an officer deems a black person to be suspicious based on appearance, then that black person has committed a crime. John Clemons, writer of a journal article, “Blind injustice: 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.
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.
The stop and frisk procedure is known to be more used toward those of the African American, Latino and minority races rather than those of the Caucasian race. A person is protected from unreasonable search and seizures under the Fourth Amendment. Many contested
Second, police in our country do racial profiling. This practice of law enforcement is morally wrong and personally sickening. Racial Profiling is the idea that just because someone is a different race automatically makes that one person a suspect. Racial Profiling goes against everything that the United States Constitution is about. The constitution is about freedom, equality, and the pursuit of happiness. Our law enforcement is put into place to serve and protect the innocent. The constitution protects us of unlawful search and seizers as well. Racial profiling makes our law enforcement give in their minds probable cause when there really is not any in the first place. Also, it goes against the United States Constitution. The American Civil Liberties Union and American Civil Liberites Union Foundation said, “Racial profiling is a longstanding and deeply troubling national problem despite claims that the United States has entered a “post-racial era.” It occurs every day, in cities and towns across the country, when law enforcement and private security target people of 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. Racial profiling is
“In Newark, New Jersey, on the night of June 14, 2008, two youths aged 15 and 13 were riding in a car driven by their football coach, Kelvin Lamar James. All were African American. Newark police officers stopped their car in the rain, pulled the three out, and held them at gunpoint while the car was searched. James stated that the search violated his rights. One officer replied in abusive language that the three African Americans didn’t have rights and that the police "had no rules." The search of the car found no contraband, only football equipment” (civilrights.org, 2011).
Since the birth of our nation, racial profiling has been an issue longstanding and troubling among minority groups and still continues to exhibit severe consequences in communities.
In today’s world we deal with multiple cases of racial profiling seemingly on a daily basis. Turn on the television, check the internet, or simply have a discussion with someone and you’ll hear about it. "Racial Profiling" describes discriminatory practices by law enforcement officials who target people for suspicion of crime based on their ethnicity, race, origin, or religion. The term first came about during the War on Drugs in the 1970’s and 1980’s when law enforcement were accused of pulling over motorists simply because of their race, then unlawfully searching their vehicles for illegal substances. There are varying opinions about this topic and as the year’s progress, it seems acts of racism, labeling, and profiling increase. Many of the instances of racial profiling that occur today involve criminal justice.
Supreme Court's verdict on pretext traffic stops in Whren v. United States, racial hostility between white law enforcement and African American citizens is as insidious as ever. Statistics of unarmed African American men killed by police officers are seemingly alarmingly universally. In spite of the national quarrel against discrimination by police officers, the U.S. Supreme Court has lately made a choice that will expand police judgment. The fickle political background that sets the matter of “racial profiling” has directed local and state police agencies across the nation to start collecting information about traffic and pedestrian stops (Engel et al., Vol. 19, 2002). The disagreement over this topic is plagued by the uncorroborated notion that all race-based judgment by law enforcement is motivated by the type of person the police officers' are. Potential profiling would further show the role of how the agency has an influence on how the police officers distribute traffic violations as pretext. To further show the connection among civilians and police
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.
Racial profiling is an example of police brutality, which is defined by Gross and Livingston (2002) as “the practice of some officers of stopping motorists of certain racial or ethnic groups because the officer believe that these groups are more likely than others to commit certain types of crimes” (p.1413). Therefore, individuals are treated unfairly by law enforcement solely based on their race. This type of mistreatment is unmerited and ultimately a violation of an individual’s rights. However, in many instances the courts do not find it a violation of their civil rights based on the fact that racial profiling is difficult to prove. Often, prosecutors are disinclined in bringing forth a case against officers on this particular matter. Officers are permitted to stop and search individuals and their vehicles whenever there is reasonable suspicion, however, there has been studies that prove that some law enforcement officers restrict these rights primarily to minority groups. Bowling and Phillips found that although there was no formal monitoring of use of these powers, it was concluded that it was particularly heavy use of these powers against ethnic minorities, largely of young black people (as cited in Sharp & Atherton, 2007, p. 747) . In several cases, officers argue that they reasonably pulled an individual over for other probable grounds such as: traffic violations, suspicious behavior, etc., with race never being an
Racial Profiling is unconstitutional and illegal, yet it’s still used in law enforcement. The practice of racial profiling, as defined by the American Civil Liberties Union (ACLU), 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 2005). Racial profiling causes more harm than good, it can cause emotional, mental and more often physical harm to the person being subjected to the practice. According to the Fourth and Fourteenth amendments, racial profiling is unconstitutional. It causes distrust in law enforcement because ethnic
Racial profiling has become a severe obstacle in the U.S. today though most Americans know very little of this vital issue. Every day, people are being pulled over, harassed, and even killed for being of a certain race. There are new laws that politicians are trying to pass that promote racial discrimination. Racial profiling is immoral and does not increase public safety.
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.