Racial Profiling And The Justice System

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 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.

One major problem with the Justice System is that law enforcement use racial profiling affecting many people of color on a daily basis. Racial profiling is when law enforcement believe that certain groups are more likely to commit a crime rather than other groups. This is a major problem because in many cases there are very tragic incidents and as NAACP stated, “ Mr. Garner’s tragic death shows that for communities of color, including women and LGBT people of color, immigrants and low income communities, racial profiling has been and continues to be a constant reality of life, often with tragic and deadly consequences,” (45) Explains how racial profiling has become an everyday basis to minorities affecting them in many ways and unfortunately ends with death occasionally. Racial profiling is a huge dilemma

The National Institute of Justice (“Racial Profiling”) stated that racial profiling, which is a form of discrimination, racism, and stereotypes is when law enforcement, based on a person’s race, ethnicity, national origin, or religion targets a person for suspicion of crimes. Today people can turn on their television, go online, and even listen to their radios and they will hear about racial profiling. Racial profiling is not anything new and has been going on throughout history; it goes all the way back to slavery. Racial profiling has recently started being recorded, which is why it has become such a huge national issue today, because people can no longer ignore it. This issue is not specific to one race, religion, ethnicity, or national origin. People of many races, religions, ethnicities, or national origins have been affected by racial profiling for years since the start of this country, but one group that has been affected by racial profiling at a high rate is African Americans. The goal of this paper is to analyze this main group that has and still is being affected by racial profiling and acknowledge other groups that are being affected as well.

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.

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).

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

What makes America? Is it the freedoms granted to any American citizen? Is it the way the founding fathers fought for their own freedom against Britain? Is it instead the racial history behind this nation? America, since its origins has been a country of immigrants and for immigrants, yet since its origins, there has been discriminatory laws against blacks, Latinos, Asians, and every other race that is not considered white or Caucasian. Has this country that has been based upon racial profiling, that has fought wars as one nation (and even against themselves at one point), and has triumphed through the Civil Rights movement finally succumbed to justice or is racial profiling just as prominent today? Racial profiling still exists in America because ____________________, ___________________, and _____________________. (3 reasons stated in thesis)

“If someone puts their hands on you make sure they never put their hands on anybody else” (Malcolm X) is a contestable ideal. Do we Americans allow our law enforcement to continue killing innocent African Americans whose own ancestors contribute to the success of this nation? No! We cannot sit on the sidelines and watch innocent lives ruined over and over again. We must auscultate to the cries of our four fathers. In order to halt the self-destruction of this nation we should fight for change in the police force, attempt to cease the embodiment of racial profiling, and support the efforts of those striving to bring about change.

Racial profiling is still an ongoing issue that occurs and such an issue has led to many problems for the minority groups of this country. Whether it be African Americans, Indians, Asians, Mexicans, or Muslims, all have faced profiling at some point in time. The problems caused by this controversial subject include the impending distrust between black communities and law enforcement, unfair treatment towards all minorities by law enforcement, verbal and physical abuse of minorities by police officers which can sometimes lead to death, emotional unstableness of the victims whom have faced such a terrible judgement, and the negative impact it has on children of the minority groups.

Racial profiling in law enforcement is referenced when a law enforcement officer targets an individual for suspicion of a crime. A broader definition of racial profiling in law enforcements is when a law enforcement officer, uses an individual’s race or ethnicity, age , time of the day (usually later in the day), dress code and also location to accuse a person of a crime. In today’s world the term racial profiling can be viewed in various view points, because of people having different opinions on the term, many disagreements occur. Some people believe that specific incidents are not cases of racial profiling and others think otherwise, needless to say an argument occurs.

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.

Even the United States struggles with issues of racial discrimination despite being a society highly based on immigrants and multicultural diversity. On one hand, people frown on treatment based on race, whether that is on an individual or group level. On the other, people are tired and annoyed by the seemingly constant call of discrimination. All of these feelings culminate into the debate pertaining to the use of racial profiling. Likewise, there are some individuals that hold a certain level of acceptance in regard to racial profiling. However, what is lost in the process because of that acceptance? There are many components that need to be thought about in reference to the use of racial profiling. In addition, it can be viewed

The world is living in a post 9/11 era. Since that September day, security measures have heightened and extra precautions are in place to prevent something of that nature from happening again. The terrorists involved in 9/11 appeared to be shockingly similar to a typical American Citizen. However, their behaviors from that week prior were alarming. Examining the terrorists who have become more prevalent in the last twenty years, there are several things in common with all of them. Their profiles all have similar characteristics, not necessarily racial but largely behavioral. To address this, the United States Government and the Transportation Security Administration should allow profiling in airport security throughout the country.

Benjamin Todd Jealous once said, “Racial profiling punishes innocent individuals for the past actions of those who look and sound like them. It misdirects crucial resources and undercuts the trust needed between law enforcement and the communities they serve.”(Jealous, 2015). I couldn’t agree more with him. In today’s society more and more Black men and women suffer from police bias. Police is a powerful organization that was meant to serve and protect. Enforce laws and keeping communities safe. The problem is we fail to acknowledge that police are humans with real life bias. The problem with police is how much racial profiling is going up,