Recent events in the news have highlighted the topic of “profiling.” However, this is not a new topic for law enforcement, especially in the world of drugs. For example, the drug courier profile, formulated by the Drug Enforcement Agency is a response to the DEA's growing need for effective tactics to gain the upper hand in the war on drugs. Not to mention, the profile is a compilation of personal characteristics, which experience has shown may be indicative of an individual's involvement in illegal drug trafficking activity. In order to establish the reasonable suspicion necessary to stop and question a suspect, the officer must be able to demonstrate with specific and articulable facts a reasonable belief that the suspect is in the process of …show more content…
As a matter of fact, profiling often runs the risk being misguided with inconsistencies and risky for the law enforcement officer. Cogan argues that profiling led to many case law precedents resulting from this very concept (Cogan, 1992). The Supreme Court case highlighted in the text is “United States vs. Socolow.” Moreover, drug enforcement agents stopped Andrew Sokolow upon his arrival at the Honolulu International Airport. Additionally, the agents found 1,063 grams of cocaine in his carry-on luggage. Sokolow planned to return to Hawaii two days later. He was traveling using a false name and appeared nervous. Of course, the Court of Appeals held the agents' stop impermissible, because there was no evidence of ongoing criminal behavior in this case (Levinthal,
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 most significant criticism of drug-courier profiling is that some law enforcement officers have created their own profiles based solely on race, ethnicity, or national origin rather than on the behavior of an individual,
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).
The idea of proactive profiling is representative of making judgments about another, relative to possible criminal activity. The factors of a person’s race, manner of dress, grooming, behavioral characteristics, and the circumstances surrounding the observation of these factors plays a role in proactive profiling (Ibe, Ochie, & Obiyan, 2013, p. 184). When law enforcement officials profile criminals, this valuable tool is used to focus on such things as traits and characteristics, personality, and behavior. Once the underlying factors are discovered, this information becomes divided into specific categories for
One of the most prominent deficiencies of racial profiling is the fact that the officers who participate in these faceoffs and shootings are almost always acquitted of the charges brought against them. Jasmine Elliott states that, “Racial profiling diverts officers ' attention from using actual, objective signs of suspicious behavior to effectively assess situations” in her article Racial Profiling Is Ineffective, Distracting, and Detrimental to Public Safety. Using an overgeneralized category to find a perpetrator is ultimately distracting law enforcement from possible catching signs of suspicious activity from a different target. There has even been one specific instance observed where police officers abused their authority to check the immigration status of a group of men of Ecuadorian ethnicity. The case was called “Maldonodo vs. Holder” (Groff 88) and recently went before the U.S. Court of Appeals. The court ruled in favor of the officers, which left open the window for suppression through racial profiling. “The Second Circuit in Maldonado ignored its own precedent and its decision could lead to an increase in unconstitutional racial profiling and targeting” (Groff 125). Cases like Maldonado vs Holder keep the idea of racial profiling as a means for justice alive within today’s society.
Over the last twenty years the issue of racial profiling has become extremely combative with regards to law enforcement practices. A common misconception begins as some people are unaware of what racial profiling actually is. Racial profiling typically deals with incarceration, miss education, and to certain extent slavery. The topic of slavery is relevant in the conversation of racial profiling because like slavery, African Americans have suffered just due their own identity. Profiling is essentially the selection of an individual and categorizing them due to a specific racial group. The ever growing issue of racial profiling has become more evident to the public with the increasing number of instances that have been reported regarding
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.
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
The concern about racial profiling is erupting throughout the nation. Many cities and states have decided to study racial profiling, or how race and ethnicity may play a part in traffic stops by law enforcement in their jurisdictions. There seems to be a generally accepted understanding of what profiling is. Profiling is the law-enforcement practice of scrutinizing certain individuals based on characteristics thought to indicate a likelihood of criminal behavior. Yet there are two variations concerning the application of racial profiling. Profiling either utilizes race as a sole means of directing police attention, or uses race as a part of a larger set of characteristics and behaviors that lead to police involvement (Chan, 2011, pg. 75). Regardless of the definition of racial profiling, the debate over racial profiling centers on two questions. Does racial profiling actually occur? and Is racial profiling being used and is profiling a legitimate tool of law enforcement?
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
The process of inferring the personality characteristics of individuals responsible for committing criminal acts has commonly been referred to as criminal profiling. (Turvey) Criminal profiling can also be referred to as, behavioral profiling because when a profiler creates a profile they refer to the behavior of the offender. The general term criminal profiling can also be referred to as crime scene profiling, criminal personality profiling, offender profiling, psychological profiling and criminal investigative analysis. All the terms listed above are used inconsistently and interchangeably. Modern criminal profiling is owing to a diverse history grounded in the study of criminal behavior (criminology), the study of mental illness
The journal focuses on the ethical and legal issue affecting criminal profiling. First, there not a single peer-reviewed system of measurement practices that has been developed. In addition, there is no agreed methodology of conducting criminal profiling. It means there is no scientific basis upon which profiling underlies. The media also portrays profiling as a romantic or heroic profession, hence resulting in an inappropriate perception of profiling. Criminal profiling can also be at times undesirable as it can lead to delays as it can suggest inappropriate directions or suspects in an investigation.
In law, law enforcement relies on a variety of approaches to solving crimes. One method of doing so, is criminal profiling. Police use criminal profiling as an aid to identify the typology of individuals most likely to fit the suspect profile. In this approach, evidence of a crime is used to identify the characteristics of the criminal in relation to their personality and psychological state of mind. As well as demographic variables, such as age, race or geographic location, Investigators might use profiling to narrow down a field of suspects or figure out how to interrogate a suspect already in custody (Criminal profiling: the reality behind the myth (Winerman, L.2004). As the use of criminal profiling increases, empirical questions concerning its validity, reliability, and legal questions regarding its acceptability arise (Pinizzato, A.& Finkel, N.1990). In a survey conducted, several psychologist and psychiatrist were asked about their views towards the validity of criminal profiling. The results of this survey found that only ten percent of psychologist and psychiatrist surveyed reported having any profiling experience and twenty five percent, considered themselves knowledgeable about profiling (Greene, E., & Heilbrun, K. 2014, p.148). Fewer than twenty-five percent of the individuals surveyed, believe that criminal profiling was scientifically reliable or valid (Greene, E., &