Pros And Cons Of Racial Profiling

Terry v. Ohio was a pivotal case for the Fourth Amendment and for the citizens of the United States of America. As referenced by the American Civil Liberties Union of Ohio, in nineteen sixty three an off duty detective in Cleveland, Ohio stopped and frisked two African American men and one white man based on a ‘reasonable suspicion that the men were about to commit a crime’ (ACLUOhio, 2014). The ruling of this case has set in motion the gross abuse of stop and frisks in minority communities and among minority races in the twenty-first century; ultimately racial profiling in a post-racial era.

The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.

The statistics show that to be an African American or Hispanic in New York you are more than twice as likely to get stopped as a white or Asian person. Studies of reports show that 15,000 or 30% of stops are deemed unconstitutional; and those are just the ones that are reported, imagine all of those that go unreported. Imagine all of those people who were victimized just because of the color of their skin. The stop-and-frisk procedure was once a good thing that helped clean up the streets, but now it’s becoming an epidemic of racial profiling, and teaching racism and intolerance to anyone who is a victim or witness of these stops.

Eighty-seven percent of stops in 2012, were Black and Hispanic people. Compare that percentage to the amount of water on Earth, only seventy percent. Now, imagine eighty-seven percent water covering the Earth. That would make the world unbalanced and difficult to live in, which is how life is for the minorities impacted by Stop and Frisk. One of the most debated and controversial topics in New York City is the Stop and Frisk policy, and the impact it has on police, Latinos, and African Americans. Stop and Frisk fails to promote justice and equitable society because it creates a society where one group is lesser than another. The Stop and Frisk policy was created in Ohio, 1968, because of the a Supreme Court case, Terry v. Ohio (US Courts).

In 1990, New York City Police Commissioner William Bratton instituted a stop, question, and frisk policy in his jurisdiction . The program allows police officers to search citizens without probable cause . This empowers police officers to use their discretion when deciding whether or not to search a subject . Since its inception, the policy has disproportionately targeted people of color . When police officers are allowed to use their discretion, some call upon their own prejudices against people of color to guide their decision-making . Despite President Trump’s calls to expand the program, stop-and-frisk should be eliminated altogether because it exposes people of color to discrimination. This discrimination creates resentment for police in minority communities.

As pointed out in Wade C. Jacobsen’s Minority Youth and Police Contact, “One example of police contact is New York City’s Stop-and-Frisk program. It has been practiced by the New York Police Department for decades……………but the practice has nonetheless been met with heated debate and complaints of racial profiling. Indeed, a recent report by the New York Civil Liberties Union

As crime rates rise, police must come up with new methods to counteract these increases. Many of these methods come with pros and cons that may affect the way the public views Police officers and law enforcement in general. Some of these methods may seem like a violation to people’s rights, even though they may be constitutional. One of these methods known as Stop and Frisk is one of the most widely debated topics in America when it comes to dealing with Police actions and Constitutional rights.

The stop, question, and frisk policy was implemented in the NYPD in an effort to make the city a safer place. With weapons becoming more easily accessible than ever, they are becoming more of a problem, and officers and the general public are now in more danger than ever of being killed by a firearm, knife, or a weapon. Although the policy is intended to prevent harm and protect society, it has been under major scrutiny in not only the past few years, but also the past few decades as well. Due to the fact that minorities are believed to be the main target of this policing tactic, many people have argued it is inherently corrupt should be abolished. On the other hand, it has shown to provide some positive outcomes and as a result, it is a necessary

The NYPD’s stop-and-frisk practices raise serious concerns over racial profiling, illegal stops and privacy rights. The Department’s own reports on its stop and frisk activity confirm what many people in communities of color across the city have long known: The police are stopping hundreds of thousands of law abiding New Yorkers every year, and the vast majority are black and Latino. In 2011, New Yorkers were stopped by the police 685,724 times. 605,328 were totally innocent (88 percent). 350,743 were black (53 percent). 223,740

The Stop and Frisk policy is practiced in New York City and it involves a police officer stopping a potential suspect then they proceed to ask the person questions and/or pat them down. 84% of these stops recorded are young men typically of African American and Hispanic heritage. However, only 6% of these stops lead to an arrest. Many of these men are only being stopped because of the color of their skin, not because the police think they are suspicious of something. These statistics are leading people to accuse the police of racial profiling, and the abuse of privacy rights which has also led to a class action lawsuit. Even though these are the people who live in high crime areas, race doesn't

The concept of racial profiling has its wide range of definitions. According to the American Civil Liberties Union, racial profiling means “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.” In other words, racial profiling has its assumptions that particular individuals are more likely to be involved in transgression or unlawful activities based on individual’s race or background. Racial profiling does not just exist today; it thrives and mostly propels a brutalizing message and inhuman misconception to citizens of the United States whom they are pre-judged by the color of their skin. The primary cause of profiling is racism or race-related discrimination. Unfortunately, this unwarranted approach is now commonly used by law enforcement officers, even though it could be both unjust and unconstitutional. Not only does it violate the core principles of this country, but it can be dangerous and deadly because it threatens our privacy and security. It is also a threat to racial equality, where many influential and prominent people have fought for to accomplish. Although many heroic activist leaders have ended racial division to its certain extent, yet many African-Americans all over America still face the rigid unequal world because of unjustifiable race-related tragedies that tremendously affects African-Americans.

The practice of ‘Stop-and-Frisk’ in New York, by the federal courts, has been found unconstitutional not because of the actual process once the person was stopped, but because of the way they were targeting based on race with little to no reason. When you look at the racial breakdown of Stop-and-Frisk targets in New York from 2003-2015, consistently fifty percent (50%) or more were black (Bump) yet blacks make up twenty-five percent (25%) of the population (Matthews). White was not even a category as it was comprised in ‘other’. Latino was the only other category which comprised about twenty-five percent (25%) (Bump). Blacks make up twenty-five percent (25%) of the population in New York. In Pittsburgh, a city similar to New York, it was found that in traffic stops, black men are eight percent (8%) more likely to be frisked and the grounds on being frisked are if the officer thinks there maybe be criminal activity (Ryan). Again, it is a hundred percent (100%) up to the officer whether a frisk in this case happens. The problem is how objective are police officers when stopping African Americans, specifically men, if statistically speaking they are stopped disproportionately.

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

Clearly identifying and acknowledging the existence of racial profiling is critical to understand its value or lack thereof in society. Racial profiling is not a new practice or term, the origins of racial profiling can be traced back to the days of slavery in America. African-American slaves were viewed as subservient and therefore inferior to whites. This view of African-Americans came with stereotypes such as laziness, ill-mannered, uncontrollable and predisposed to crime and violence. In 1693, Philadelphia courts enacted laws which allowed constables to stop and detain any “negro” seen walking around without their master (Maclin, 1998). The historical context of laws such as those passed in Philadelphia and elsewhere in the United States have a clear nexus to the subject of racial profiling.

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.