Racial Profiling In The Criminal 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.)

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)

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

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

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.

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.

One of the most discussed about issues in our society today is profiling based on race or ethnicity. But what is racial profiling and why is it so important? Racial profiling occurs when law enforcement agents impermissibly use race, religion, ethnicity, or national origin in deciding who to investigate for different crimes and offenses. It is being used unjustifiably wrongly in our culture daily. Based on the status of racial profiling currently, it seems as if racial profiling will always be a part of our society and there is nothing people can do to change that. With people making assumptions based on unjust rules, it seems like there will be no end in sight for racial profiling. Law enforcement should be held accountable for their actions, mistakes, and unjustified assumptions. Many instances occur with police officers taking wrongful actions solely based on race or nationality. Police and their practices have been going on for many years with the same outcomes repeating consecutively. A real- life instance of this includes police subjecting people to police brutality just because they are a “person of color” or even a “person of interest.” This has sparked protests and movements such as “Black Lives Matter” or “Hands Up Don’t Shoot.” Many people who have fallen victim to racial profiling and were wrongly accused and lost their lives as a result. Some of these people include, Trayvon Martin, Mike Brown, Eric Garner, Oscar Grant, with the list continuing on. Trayvon Martin was shot and killed at seventeen years old for “looking suspicious.” Mike brown was shot six times for supposedly running away from a police officer. Eric Garner was put in a chokehold and subdued by a police officer for selling cigarettes illegally. Oscar Grant was already placed in handcuffs and lying flat on the floor when he was shot by a police officer that only served five years in prison. With countless others’ lives lost the list going on and on, it appears that racial profiling and bias have impacted affected a wide group of people and their families who have also suffered from this widespread issue. Overall, racial profiling is a big issue that might not be possible to correct

Racial profiling isn’t something new to today’s society. Most recently there were incidents in which the officers were accused of mistreating blacks such as Michael Brown and Freddie Gray. “Racism versus professionalism: claims and counter-claims about racial profiling” written by Vic Satzewich and William Shaffir discusses racism versus professionalism with officers. Their argument is more biased towards the police force and they argue that it’s part of their job. “

Racial profiling is a big deal today in our society; incase you didn’t know racial profiling is the act of suspecting or targeting a person of a certain race based on a stereotype about their race. Stereotyping is the leading cause of racial profiling. Yes, it’s true, the police racially profile and are beginning to get out of control but racial profiling goes far beyond just the police. Look at the cases where it wasn’t the police who were at fault; cases like The Trayvon Martin case, the airport, the Christopher Dorner situation when the police were on the other end of things or even now where black people are taking it upon themselves to go out of their way to kill white cops. I’m not saying that the police aren’t wrong sometimes or that they never take advantage of their power but I people sometimes forget that police are human too. People as well as police officers need to remember that the police's job is to serve and protect the people and that not all police are bad. It’s also up to the citizens to be responsible and work with the police. In order to fix the problem and stop the corruption, the citizens of America need to look at the problem as a whole.

Growing up, I was taught to treat my neighbor as I would treat myself, but as life unfolded, reality hit, and I realized the world did not operate under the same teachings. I started to see a world that judge people based off their ethnic background, not the content of their character. For year’s people of all colors, nationalities and genders have been targeted due to fitting a certain description. This behavior is referred to as racial profiling and it is killing, wrongfully accusing and creating division amongst the people and justice system. The justice system must redesign the policy and procedures, which relate to racial profiling, because it is not protecting the rights of the people, it is attacking them.

People are accused repeatedly for crimes they have never committed. Very often many of the police officers have no evidence to clarify that individuals are guilty. Accusing people with no evidence has been a long time issue. An article by the ACLU titled “Racial Profiling” states“...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..”(“Racial Profiling”). In this article Racial Profiling states a very accurate statement. Law enforcement target colored people of a crime without evidence. Many times when the police target a person for their race they are often innocent of a crime. Law enforcement officers often label colored people as criminals and usually target them as suspects of a crime. Colored people are more often targeted more than whites even though police officer do not have evidence. Throughout time, many colored people are still signaled as criminals. According to article “Racial Profiling of African-Americans” “At a different time and in a different place, African-American males were, and remain, singled out for harassment”(“Racial Profiling of African-Americans”). African Americans are still treated brutality even though slavery ended many years ago. During the time of slavery, many Africans were beaten, humiliated and sometimes even killed. African Americans still face the same issue, but instead of it being slavery it is racial profiling. In many states and cities Africans are accused of a crime, even though law enforcement can’t justify they are guilty. African Americans are not the only ones that are signaled out for a crime; hispanics and whites are also accused occasionally. Overall, law enforcement accuse individuals of a crime

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,

“More than 250 innocent black lives were killed by police officers in 2016. Over 73 percent of suspects pulled over were african american due to the suspicion of drug use yet 76 percent of drug users are white and only 15 percent are african american and also those imprisoned from drugs are 46 percent black and only 26 percent white” Because of the color of someone's skin should this make them any less of a person than another person out there?.. People should not be alienated because of the way they look, but yet all of this happens every single day everywhere. Racial profiling is a source used by police officers to determine if a person is a suspect or not based upon their race or ethnicity. Racial profiling is an obvious violation of the