Systemic Racism. Joe R. Feagin In Racist America Roots,

A police officer’s abuse of power comes from the amounts of stop and frisks towards people of color and the actions taken for the arrest. A police officer will use pre-textual stops to justify stopping a black person. If an officer deems a black person to be suspicious based on appearance, then that black person has committed a crime. John Clemons, writer of a journal article, “Blind injustice: The

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 of the most prominent deficiencies of racial profiling is the fact that the officers who participate in these faceoffs and shootings are almost always acquitted of the charges brought against them. Jasmine Elliott states that, “Racial profiling diverts officers ' attention from using actual, objective signs of suspicious behavior to effectively assess situations” in her article Racial Profiling Is Ineffective, Distracting, and Detrimental to Public Safety. Using an overgeneralized category to find a perpetrator is ultimately distracting law enforcement from possible catching signs of suspicious activity from a different target. There has even been one specific instance observed where police officers abused their authority to check the immigration status of a group of men of Ecuadorian ethnicity. The case was called “Maldonodo vs. Holder” (Groff 88) and recently went before the U.S. Court of Appeals. The court ruled in favor of the officers, which left open the window for suppression through racial profiling. “The Second Circuit in Maldonado ignored its own precedent and its decision could lead to an increase in unconstitutional racial profiling and targeting” (Groff 125). Cases like Maldonado vs Holder keep the idea of racial profiling as a means for justice alive within today’s society.

Data shows the racial profiling and illegal pullovers and search of cars driven by Black, and Hispanic males are a police action performed throughout the nation. “Even Famous Black celebrities and prominent African Americans say police have victimized them. They say they have been pulled over and subjected to a vehicle and physical search by police without probable cause, based on none other than the fact they are the black men driving an expensive car. Thus, the Police assumed they must be a drug dealer or involved in some criminal behavior to afford such an expensive car. “DWB” protocols by police and their departments according to the ACLU is also a violation of a person’s civil rights that are illegal, invasive as well as intrusive (8).”

The practice of targeting individuals for police investigation based on their race alone in the last few years has been an increasingly prominent issue in American society. Numerous magazines, newspapers, and journals have explored the issue of race-motivated police actions. Recently, the ABA Journal did a study of New Jersey and Pennsylvania traffic stops from 1998 to 2001, concluding that black drivers were more likely to be pulled over and arrested than whites. The study also delves into the legal ramifications of the 1996 United States Supreme Court ruling in the Whren v. United States case, which held that police officers subjective motivation for stopping a motorist on the

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.

A problem we are currently facing and have been facing for quite a while is racial profiling. An individual should not be stopped on the highway or sidewalk because of their race. People should not have to live their lives in fear of being killed because of suspicion due to the color of their skin, or the stereotype they have. The individual should know their rights, and be educated on what they can and can’t do when being approached by police so that things don’t end in violence. From the point of view of the state trooper, a motorist who is stopped and searched is a potential catch, a shot at a big, career building drug bust. But most of those who are searched are totally innocent, and from their viewpoint the process looks and feels very different. You are stopped for a minor or nonexistent traffic violation; the officer scrutinizes your car carefully through the window and then tells you to step outside; he asks you pointed questions about your trip, your plans, your companions, your friends, and perhaps expresses doubts about the honesty of your answers; he asks for permission to search the car; if you agree, he rummages through your vehicle and belongings; if you refuse, he calls for backup and a police dog to sniff your car for drugs.

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.

In New York City’s police department report in December 1999, the stop and frisk practices showed to be greatly based on race. In NYC, blacks make up 25.6% of the city’s population, Hispanics 23.7% and whites are 43.4% of NYC population. However, according to the report, 50.6% of all persons stopped were black, 33% were Hispanic, and only 12.9% were white. As you can see, more than half of the individuals who were stopped were black, 62.7% to be exact (ACLU, 2013). In Orange County, California Latinos, Asians and African Americans were more than 90% of the 20,221 men and women in the Gang Reporting Evaluation and Tracking System (ACLU, 2013). Clearly this database record shows racial profiling occurred when the total population in the database made up less than half of Orange County’s population. This is when the California Advisory Committee of the U.S. Commission on Civil Rights and the ACLU stepped in. One other instance of racial profiling I’d like to discuss occurred in Maricopa County, Arizona. A court ruled in May 2013 that “sheriff Joe Arpaio’s routine handling of people of Latino descent amounted to racial and ethnic profiling”; according to CNN, the sheriff’s office had a history of targeting vehicles with those having darker skin, examining them more strictly and taking them into custody more often than others (CNN, 2014). Judge Murray Snow ordered a monitor to oversee retraining in this

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. “

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

A young man’s brutal death at the hands of the police is found justified in a court of law due to his “suspicious” appearance: a black hoodie and his hands in his pocket. An elderly woman is fatally shot in her home for her relation to a suspected criminal. A married man with two toddlers is choked to death after a minor traffic stop by an officer who later claimed that his unarmed victim was wielding a gun. These people all have a few commonalities: the color of their skin, their presumed guilt at first sight, and their ultimate unjustified death administered by the law force. These are not uncommon occurrences. Due to the staggeringly disproportionate rate of African-Americans killed by the police, and the underlying rampant racial profiling, police brutality towards blacks in America must be called to light.

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

A major issue that has been at the forefront of the topic of race in America is racial profiling. This practice of targeting individuals based on the individual’s race is not new and has been in use for many many years. However it has recently come to national attention with the killing of unarmed black teenagers by police officers. The issue of racial profiling not only highlights the lack of equality in America but the issue of policemen using excessive force when dealing with criminal activity.