Racial Profiling In The Justice System

Since the birth of our nation, racial profiling has been an issue longstanding and troubling among minority groups and still continues to exhibit severe consequences in communities.

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.

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).

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 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.

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.

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)

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

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.

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

Racism and racial stereotypes have existed throughout human history. The radical belief associated by thinking the skin color, language, or a person’s nationality is the reason that someone is one way or another has become extremely detrimental to society. Throughout human existence it has sparked tension between groups of people and ultimately influenced wars and even caused slavery. Racism in America dates back to when Native Americans were often attacked, relocated, and assimilated into European culture. Since then, racism within the states has grown to include various other cultures as well. In the essays by Brent Staples, Bharati Mukherjee, and Manuel Munoz, they discuss the various causes as well as the effects that racial stereotyping can place on a victim and the stigma it leaves behind for the society to witness.

Profiling is analyzing person mental and social qualities to figure if they are the one who commit the crime. The drug courier profile was ruled by the U.S. Supreme Court in 1989 that it can be used as a legitimate law enforcement tool, because of the U.S. vs Sokolow case (Levinthal, C.F., 2012). The only thing with profiling it is generally tied to some type of racial profiling, and law enforcement get lucky sometime and actually capture a criminal with racial profiling. But racial profiling violates ones constitutional rights, under the 4th Amendment which protect one from an unlawful search. So therefore, a person race is not a reasonable cause for a search. Most times young male African Americans are pulled over, because they are stereotyped

people too. The first case of racial profiling in court took place in 1968. In this case, a police officer stopped three black men because of his suspicion of crime. The police officer found two weapons when he searched the men, and one was put in jail. The one sent to jail came back and challenged his arrest on account of the fourth amendment, freedom from search and seize without just cause. However, his challenge was overruled (Wikipedia.com). Ever heard the phrase “Don’t judge a book by its cover”? This is along the same idea, but contains more depth. True, the fourth amendment protects people from search and seizure, but when someone is opposed to being searched, it causes suspicion, as if they have something to hide. This is a sinful