Race Biases And Racial Biases

Data shows the racial profiling and illegal pullovers and search of cars driven by Black, and Hispanic males are a police action performed throughout the nation. “Even Famous Black celebrities and prominent African Americans say police have victimized them. They say they have been pulled over and subjected to a vehicle and physical search by police without probable cause, based on none other than the fact they are the black men driving an expensive car. Thus, the Police assumed they must be a drug dealer or involved in some criminal behavior to afford such an expensive car. “DWB” protocols by police and their departments according to the ACLU is also a violation of a person’s civil rights that are illegal, invasive as well as intrusive (8).”

This paper outlines the studies, incidents, facts and statistics that have found evidence of racial profiling which causes distrust in the law enforcements (police, government etc0. Studies of racial profiling shows that blacks, Hispanics, Middle Eastern and other racial minorities are more likely to be stopped than those who are white. They are more likely to be stopped and searches, traffic stops, license and registration checks. In addition they are more likely to be ticketed or arrested after being stopped and search. Some scholars and studies believes that minorities being that are frequently stopped and searched has nothing to do with them being racially profiled. According to Roh and Robinson,” studies raise the possibility that minorities may be more involved in criminality (Gaines, 2006), some drug crimes (Lichtenberg, 2006), and speeding offenses (Lange, Johnson, & Voas, 2005), thereby justifying higher stop and arrest rates by police of some groups.” (Roh, S., & Robinson, M.)

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.

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.

Law enforcement and minorities have long been the focus of the criminal justice injustice within the United States. African Americans, Arab Americans, Asian Americans, Native Americans, Hispanic and Latino Americans are a number of communities in the United States along with Caucasian or non-minorities as a whole, which make up a large portion of the United States. Racial discrimination has been a large factor the criminal justice system has been plagued with for many years. In the book Just Mercy, authored by Bryan Stevenson, Stevenson details his life’s work to help those who were wrongfully convicted and biased towards in sentencing. A big part of the book is related to racial discrimination among officers. Analytically I will be looking at the question of whether the relations between the police and minority and non-minority communities differ. I will look at number of factors related to traffic enforcement practices, use of force and arrest of minorities and non-minorities in determining if there is any differences among police community relations.

At the core of the stop and frisk policy as utilized by the New York Police Department is racial profiling. Racial profiling has a significant and often controversial place in the history of policing in the United States. Racial profiling can be loosely defined as the use of race as a key determinant in law enforcement decisions to stop, interrogate, and/or detain citizens (Weitzer & Tuch, 2002). Laws in the United States have helped to procure and ensure race based decisions in law enforcement. Historically, the Supreme Court has handed down decisions which increase the scope of discretion of a law enforcement officer. For example, traffic stops can be used to look for evidence even though the officer has not observed

Over the past several years, the use of race by law enforcement agencies in their policing activities has received considerable attention across the country. The controversy regarding "racial profiling" has centered on police departments' practices related to traffic stops—examining whether police have targeted drivers based on their race or ethnicity. Significant anecdotal evidence has suggested that some departments may be treating drivers of some races or ethnicities differently than white drivers. Parties using multiple definitions have complicated the debate over racial profiling. Variation among these definitions means that interested parties are often discussing different types of police practices, behavior,

Racial disparities occur in arrests, stops and use of force. A report on the Minnesota police department found that Black people are stopped more than twice as much as they should be, for their share of the population(4); In Ferguson it was found that police arrest black people at a rate three times higher, than their share of the population, and “At least 1,581 other police departments across the USA arrest black people at rates even more skewed than in Ferguson” (5). Force was also found to be used at more disproportionate rates against black people. It was found that blacks are 50% more likely to experience “use of force”(6). These are clear cases of racism in the police force, it shows that there is bias rooted in all enforcement actions. It would be statistically impossible for these disparities to exist, without some element of racism in many actions and levels of the police force, and the only way to change this is to completely reconstruct how enforcement is carried

Racial profiling and traffic stops are always a hot debate in our country. Recently, race issues with the police have gotten even hotter with the situations in Ferguson and New York. No matter where a person stands on the issue, the numbers that suggest racial profiling and traffic stops are difficult to justify. Racial profiling is described as the use of race as a key factor in police decisions to stop and interrogate citizens (Weitzer & Tuch, p. 435, 2006). A study was done in Baltimore, Maryland where 533 drivers were stopped on I-95, and more than half of the people stopped were minorities. Likewise, 63% of people that were asked to step out of their

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

Stop and Frisk laws have been a statistically proven means of crime prevention across America as a whole. Still, ever since their creation, Stop and Frisk laws have been a major source of controversy in America. The constitutionality of Stop and Frisk laws was confirmed in the 1968 case of Terry vs Ohio and since then, crime levels across America have been at historic lows. Yet, the 2013 verdict of the class action lawsuit, Floyd v. City of New York has ruled otherwise. The court found the NYPD of violating both the fourth and fourteenth amendment mostly on the grounds of racial profiling. The court has as a result put in place a serious of complex changes to these laws making the job as a police officer even more dangerous than it already was. The topic of “racial profiling” is the fuel to the majority of the arguments opposing Stop and frisk. However, the subject of racial profiling is vastly misconstrued and deeply misunderstood. Stop and Frisk laws have flaws and are not perfect by any means, nevertheless they are an imperative source of preventing crime in America that needs to continue.

We often trust police officers to protect our homes and our loved ones, but what if the officers we trust can actually harm our loved ones? Over the past few years, unjustified shootings, rough treatments, and severe beatings have been on and off on our tv screens and on our phones. We hear various stories especially from minorities about their unforgettable encounters with police officers who hurt and accused them. According to CopCrisis, almost 3,000 Americans have died over the past three years. One of the relevant factors why this issue keeps happening is racial discrimination. Police officers have been discriminating and accusing minorities over the littlest offenses like selling DVDs outside supermarkets or

In an analysis on racial profiling, criminologist Shaun Gabbidon discusses the racist practices of the Maryland State Police and how the department was able to reduce profiling by changing its policies. He explains, “The policy targeted Black drivers who were felt to provide ‘the biggest bang for their buck’. As a result of the suit, in 1993, the Maryland State Police was required to track its traffic stops” (Gabbidon). This requirement produced shocking data which revealed that officers could determine the race of drivers just by their vehicles or driving patterns and that officers refrained from pulling over many white traffic law violators who should have been stopped. For instance, it is possible for police officers to distinguish what neighborhood a driver is from based on the parking permit stickers affixed to their cars. If someone is from a predominantly minority neighborhood, then it is clearly more likely that they belong to a minority race. Additionally, in regards to driving patterns, they found that it is more likely for a Black person to not wear their seatbelt than a White person and it is more likely for a White person to speed than a Black person. As a result, to pull over more Black drivers, there may be greater emphasis put on pulling over drivers who are not

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

Discrimination is a known concept that happens everywhere, yet police and prosecutors are blind to it. Their ways of preventing crime are discriminatory in every sense of the word and they categorize people based on their skin color and where they reside. The disproportionate minority contact with the stop and frisk method is one of the ways that discrimination can be seen. “Code of the Street” and “Law and Disorder in Philadelphia” help dissect why discrimination is not seen by police and their agencies and also how police officers and their administration go about ways of preventing crime. The pressure within the police, community, and courts create inequalities for the individuals going through the Criminal Justice System.