Racial Profiling And The Justice System

Legewie, Joscha. "Racial Profiling and Use of Force in Police Stops: How Local Events Trigger Periods of Increased Discrimination." American Journal of Sociology, vol. 122, no. 2, Sept. 2016, pp. 379-424. EBSCOhost, ezproxy.uno.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=118161270&site=eds-live&scope=site.

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.)

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.

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.

Howard Morton addresses the issue around street checks used across Canada, which is also known as “carding”. In his article “Investigative Detention and Street Checks” Morton defines the street checks as “an interaction between police officers and members of the public that is generally not related to a specific criminal investigation. However, there have been controversies around this topic since it is “view by many as racial profiling or racist policing” (Morton, 2015).

With so many news stories and incidents surrounding the topic of race and the police these days, it is not surprising for people to come to the conclusion that racism may exist within the criminal justice system. We will be taking a deeper look into the problem to find out what other possible determinants may play a role in deciding how an officer makes an arrest or stop and continue to analyze what is happening in those contexts. The issues surrounding the topic of race is like the two faces of the same coin as there are usually two sides that we have to consider: reality and media portrayals. The reality side of situations is always there at the time, but it is so subtly hidden from society that nobody understands it unless they witness it firsthand and with the media spreading filtered information, it becomes even harder for us to identify the key issue; this is especially the case when dealing with the police and racial profiling. If you turn on the news and flip to a channel where it is reporting on the police and their arrests, you will most likely see more arrests pertaining to minorities than other ethnicities. In the news, we can often see a misrepresentation of ethnic minorities, usually African-Americans, being arrested when compared to others and this has caused problems around societies countless times. For this essay topic, I will be discussing the different issues surrounding race within the parameters of criminal justice and inequality; furthermore I will be

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

There are numerous concerns based on the quantity and content of stop and searches which are often influenced by institutionalised racism (Home Office, 1997). Studies suggested that the police maintain a belief that black people are prone to be involved in violent crimes (Reiner, 1989). Therefore leading to black individuals routinely falling victim to police stereotypes and overgeneralisations (Bowling and Phillips, 2007). Police interviews have suggested that police perceive certain ethnicities to be involved with certain crimes, one interview suggested that if police are alerted of a robbery, 90% of the time they will assume it is involving a black individual (Quinton et al, 2000). Despite that there is evidence suggesting that racial disadvantages will cause an increase in young blacks to be involved with crime, suggesting that these suspicions are justified (Waddington et al, 2007). Furthermore, there is little research suggesting that police enforce their prejudices when working on the streets, thus suggesting that racial views are a result of police canteen sub-culture (Waddington, 1999).

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.

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.

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.

There has been a significant body of literature which has attested to the veracity of the argument that black Canadians are victimized via racial profiling. For example, the Commission of Systemic Racism in the Ontario Criminal Justice System found that the majority of black respondents surveyed had been treated unfairly by the Canadian criminal justice system (Wortley and Owusu-Bempah, 2011, p.133-134). Furthermore, Canadian research studies have consistently revealed that blacks are more likely to come into negative police contact compared to Caucasians (Wortley and Owusu-Bempah, 2011, p. 135). Alarmingly, suspected black offenders are also more likely to be shot and experience use of force by Canadian law enforcement personnel than their white counterparts (Wortley and Owusu-Bempah, 2011, p. 138).

No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst

Apart from periodically publishing stop and search records, supervisors and managers of police force are now required to closely monitor such statistics and take timely actions if something wrong is being observed. Also stricter rules on stop and search have since been imposed, along with the requirement of police officers writing a detailed report on spot about every single incident which subjects to review seems helpful in improving police conduct (Fyfe 1979; Skogan and Frydl 2004 in Miller 2010). While stop and search practice has been somehow improved, racial discrimination can still be seen in stop and search statistics. The notion of “Black and minority ethnic groups, particularly black people, have for many years been disproportionately at the receiving end of police stop and search—a fact associated with profound community resentment towards the police” (Bowling and Phillips 2002 in Miller 2010) still largely applies today. Miller’s (2010) analysis indicate that black people are about 6 times more likely to be stopped and searched, while it is about 2 times more likely for Asians. Similar idea is seen in Bennetto’s (2009) report, which draws on police statistics that shows in 2009 “black people are seven times more likely to be stopped and searched than white”, worse than Miller’s analysis with the most recent figures in 2008. No official explaination is provided by Police, but Bennetto (2009) assumes this may be caused by simply discrimination of

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.