Racial Profiling By Martin Luther King Jr.

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 stop and frisk procedure is known to be more used toward those of the African American, Latino and minority races rather than those of the Caucasian race. A person is protected from unreasonable search and seizures under the Fourth Amendment. Many contested

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.

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.

Every day people walk down the street of New York wondering if they are going to be stopped. Paul Butler a law professor at Georgetown University and a former United States Department of Justice prosecutor says that “the problem with stop and frisk is not only that it makes the citizens of New York less free, it also makes them less safe” (Butler, 2012). This brings the feeling of the people in New York to light, as they feel like they are less than others and less free with the ability to them being stopped and searched whenever an officer has a suspicion. Not all officers have the right sense in mind when it comes to their suspicion about someone, because “according to the analysis, just 1.5% of all stop-and-frisk arrests resulted in a jail or prison sentence. Just one in 50 stop-and-frisk arrests, 0.1%, led to a conviction for a violent crime or possession of a weapon. Close to half of all stop-and-frisk arrests did not result in a conviction” (Lee, 2013). The percentages show that officers’ suspicions aren’t always correct and that they may use their own stereotype about someone when they stop and frisk. This policy is ineffective because they don’t have a 100 percent on catching people, and many times officers’ own opinions on someone gets in the way. This policy is kept around for the little percentage it has worked and to give the officers an option to do a stop and frisk if they feel necessary. If this policy

Second, police in our country do racial profiling. This practice of law enforcement is morally wrong and personally sickening. Racial Profiling is the idea that just because someone is a different race automatically makes that one person a suspect. Racial Profiling goes against everything that the United States Constitution is about. The constitution is about freedom, equality, and the pursuit of happiness. Our law enforcement is put into place to serve and protect the innocent. The constitution protects us of unlawful search and seizers as well. Racial profiling makes our law enforcement give in their minds probable cause when there really is not any in the first place. Also, it goes against the United States Constitution. The American Civil Liberties Union and American Civil Liberites Union Foundation said, “Racial profiling is a longstanding and deeply troubling national problem despite claims that the United States has entered a “post-racial era.” It occurs every day, in cities and towns across the country, when law enforcement and private security target people of color for humiliating and often frightening detentions, interrogations, and searches without evidence of criminal activity and based on perceived race, ethnicity, national origin, or religion. Racial profiling is

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 always been tension raised between maintaining a safe society and observing by the constitutional rights of its citizens. The New York City aggressive program of Stop and Frisk have been widely criticized and considered unconstitutional. However, Stop and Frisk, per se is not unconstitutional unless people are being stopped illegally. It 's a crime prevention tool that allows police officers to stop a person based on reasonable suspicion of criminal activity and to conduct a frisk based on reasonable suspicion that the person is armed. Some argue this policy was created to target minorities. Most of the people who have been stopped and frisked under this program have been African American or Hispanic. This concerns citizens and makes them oppose the policy because they believe its racial profiling and guided by color. Stop and frisk is now one of the biggest controversies in United States. It has become something that is affecting society in both a positive and negative way.

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).

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.

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

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

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.

Many Americans believe that the United States has entered a “post-racial” era, yet racial profiling remains a longstanding and deeply troubling national problem. If the U.S. is a place of freedom and equality, then why has “racial profiling been legitimized as public policy?” (Sudbury, 2014). Discrimination displayed on an every-day basis in the criminal justice field violates the Fourteenth Amendment, which ensures equal protection, as people of color are unfairly targeted. Discriminatory interactions between various races and law enforcement officers occurs daily,

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