Profiling In Civil Courts

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 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.

Racial disparity in the Criminal Justice system has been a issue of discussion in our law enforcement for years. Statistics say the likelihood of imprisonment in a lifetime is 1 in 3 black men, 1 in 6 Latino men and 1 in 17 white men. (Bonczar2003) The search and seizure 4th amendment was passed in 1789 which was supposed to protect all persons of unreasonable searches, etc. In 1944 Gunner Myrdal wrote “it’s part of a policeman’s philosophy that Negro criminals or suspects that show any sign of insubordination should be punished bodily, to keep the negro in his place.” In the late 1960’s early 70’s there were many riot commissions that recommended changes in police practices, especially aggressive stop-and-risk procedures.(Skolnick1969) Racial disparities have been an issue for years, especially in traffic stops. There are a couple different approaches to help reduce or end racial profiling. The ACLU’s 5 part battle plan to end racial profiling (Harris2003), and The Racial Justice Improvement project (ABA2010). Racial profiling is an issue in many aspects of the Criminal Justice system. This paper will mainly be based on traffic stops and in sentencing.

Profiling is something that every person has or will do at some point in their life; some may even profile without even realizing it. There are various forms of profiling which will be discussed, along with the history behind profiling and how it has been used successfully by Law Enforcement in several areas as a field on investigation (Douglass, Ressler &Burgess, 1986). Profiling has various positives along with negatives, and these are accepted by Satzewich and Shaffir (2009) who suggest that racial profiling is best understood in the context of a police subculture where these police officer intergrade profiling as part of their every day work routine. Profiling is a big factor in the daily work of every Law Enforcement Officer and it cannot be avoided (Becker, 2004). For the most part profiling is seen as part of an officers daily investigative tools, from border searches, to pulling vehicles over for traffic citations the officers will use his or her discretion on those who arouse their suspicion (Rose, 2002). Therefore, this paper will analyze the overall effectiveness of profiling and how it either proves to successfully reduce crime or not (Rose, 2002).

In the past, it has been shown that criminal profiling does work and has helped to apprehend serial killers, rapists, arsonists, and other criminals, if it had proved to be ineffective the FBI would have put resources into other tactics, but they have not. That being said, it is apparent that criminal profiling does work to an extent, but the amount of accuracy remains unknown. Although there has been research into finding the accuracy of criminal profiling there has not been a lot, proving that it is a field that needs more attention. For the research that has been done, interest has tended to fluctuate because of the uniqueness of the topic. Criminal profiling has as much to do with inferences about the perpetrator as it does

PLEASE TAKE NOTICE, that the undersigned, Elise Smith, Esquire, did prepare Defendants, Lewis E. Olson and Albert Dobiash's Interrogatories to answer.

Growing up, I was taught to treat my neighbor as I would treat myself, but as life unfolded, reality hit, and I realized the world did not operate under the same teachings. I started to see a world that judge people based off their ethnic background, not the content of their character. For year’s people of all colors, nationalities and genders have been targeted due to fitting a certain description. This behavior is referred to as racial profiling and it is killing, wrongfully accusing and creating division amongst the people and justice system. The justice system must redesign the policy and procedures, which relate to racial profiling, because it is not protecting the rights of the people, it is attacking them.

I don't think the criminal justice system should rely on profiling. However I don't see this strategy going anywhere soon. Profiling has been a strategy used for a long time now, and has been proven to work. Although it has also been proven to not work. Depending on how big the offense is, I think they should consider whether or not to use profiling. If its in a small town, where the profiling is much easier and there are way less variables, profiling is a dominate strategy that works. However in big cities, profiling could be much more difficult, and not work nearly as efficient, and you could possibly even convict the wrong person. I don't think that criminal profiling should be the first option in figuring out a crime. Depending on the case,

routinely be subjected to police stops not rising to the legal formality of “seizures,” simply because they are young black men”(Cole 27). “Blacks receive probation 3 times more than whites in the years 2010-2013. The number of whites being given probation than receiving an sentance has increased by about three fourths more than it was 2011”(Johnson 1). Whites are likely to receive a court day faster than a person of color. More than half of the hispanics in prison today faced a white judge.

In California where this seems to be the place where children are killing the most there was a Direct Filing In 2000, that changed the way it deals with some minors. After intake and screening, the probation officer investigates what happened and sends the case to be filed. Then the DA can choose to file charges in adult criminal court directly. In every state the DA dealing with the case has to think about if the minor is already a ward of the Court for a different felony crime. They also have to see if the child has a record and was at least 16, but under 18, when the new crime happened. The DA can charge the child as an adult if they are charged with Is charged with 1st degree murder, attempted, premeditated murder, aggravated kidnapping

Criminal profiling has become a very popular and controversial topic. Profiling is used in many different ways to identify a suspect or offender in a criminal investigation. “Criminal profiling is the process of using behavioral and scientific evidence left at a crime scene to make inferences about the offender, including inferences about personality characteristics and psychopathology” (Torres, Boccaccini, & Miller, 2006, p. 51). “The science of profiling rests on two foundation blocks, basic forensic science and empirical behavioral research. Forensic science includes blood spatter analysis, crime scene reconstruction, and autopsy evidence. Empirical behavioral research identifies offender typologies, relates crime behaviors to suspect

David Gail Meirhofer’s case was the first of its kind to be solved by using the technique of criminal offender profiling. David was born June 8, 1949 to Eleanor Virginia Meirhofer and Clifford David Meirhofer in Manhattan, Montana.

Secondly, the physical aspects of the victim are important as well; is the victim is heavy, and was dragged for a long distance, it can be surmised that the criminal is strong and may have a muscular appearance. (Patterson) Victimology is first and foremost an investigative tool, providing context, connections, and investigative direction. (Turvey) Some people may ask, “Why profile the victim?” but profiling the victim is a very important element that helps profilers better understand the criminal. Profilers look at the general lifestyle and activities of the victim in order to know who had access to them and when. Knowing the victim and properly profiling them may establish a relational link between the victim and criminal. When profiling a victim it is important to look at them as a real person as well as a victim. Some investigators and detectives have a tendency to deify or vilify the victim in a case. Deification involves idealizing victims. For example,

Criminal profiling is one of few first things to think of when it comes to forensic psychology. Criminal profiling is featured in popular television shows such as in Law and Order and CSI. Often in those shows, the police officers were able to catch the criminals based on the criminal profile that forensic psychologists came up with. In a theory, the polices rely on criminal profiling to catch criminals, educate the public about a possible criminal, and confirm the witnesses’ accounts. Criminal profiling involves using various methods to guess a criminal’s background, behavior, and even preferences for the victims.

Offender profiling can be described as the process often used in extremely serious offences such as serial murder or sexual assault. The process aims to identify unique characteristics about the offender through examining the characteristics of the offence and gathering information about the victim (Farrington, 2007) as well as using information gained from previous similar offences before gradually building up an offender profile.