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Can Racial Profiling in the United States Be Justified?
Racial profiling and the various problems that arise as a result of it bring up many controversial issues. Racial profiling is a topic that weighs heavy on the minds and opinions of many in this country. It has been the subject of many disagreements as to whether or not it actually exists. Some argue that certain races can’t see it because they never experience it, but a case can be made that all races experience it at some point. One of the most controversial is the debate of whether or not racial profiling is justified. One of the hindrances to finding an answer to this question is the fact that many agencies and departments in law enforcement refuse to cooperate with studies to
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Racial profiling is largely one-sided, affecting mainly minorities. So many non-minorities, especially in law enforcement, refuse to admit or accept the fact that people are profiled based on racial criteria time and time again. However, the DEA developed a program called Operation Pipeline that began in 1986. Under this program, also addressed in the ACLU report, police officers were trained and instructed to target individuals that drove certain types of vehicles in certain parts of town based on their age and …show more content…
This act went into effect in in 1868 and states that no state can deny anyone within its jurisdiction equal protection of the law, nor can it make or enforce any law that will infringe on the rights or liberties of any citizen of the United States. Racial profiling is an act of prejudice. It involves making a presumption of (probable) guilt based on the person’s ethnicity. This violates the fact that as citizens of this country, there is a presumption of innocence unless guilt of fault is proven in a criminal case.
To define equal protection, we must assume that all persons must have the same access to the law and courts and be treated equally by those institutions in all matters of the law. This topic was addressed in the court case, Brown v. Board of Education of Topeka in 1954. In this case, Chief Justice Earl Warren, ruled that “separate but equal” facilities for educating blacks were in fact not equal and thus unconstitutional. His reasoning was that the segregated school system did not give all students equal rights under the
In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.
Board of Education was a United States Supreme Court case in 1954 that the court declared state laws to establish separate public schools for black segregated public schools to be unconstitutional. Brown v. Board of Education was filed against the Topeka, Kansas school board by plaintiff Oliver Brown, parent of one of the children that access was denied to Topeka’s none colored schools. Brown claimed that Topeka 's racial segregation violated the Constitution 's Equal Protection Clause because, the city 's black and white schools were not equal to each other. However, the court dismissed and claimed and clarified that segregated public schools were "substantially" equal enough to be constitutional under the Plessy doctrine. After hearing what the court had said to Brown he decided to appeal the Supreme Court. When Chief Justice Earl Warren stepped in the court spoke in an unanimous decision written by Warren himself stating that, racial segregation of children in public schools violated the Equal Protection Clause of the Fourteenth Amendment, which states that "no state shall make or enforce any law which shall ... deny to any person within its jurisdiction the equal protection of the laws." Also congress noticed that the Amendment did not prohibit integration and that the Fourteenth Amendment guarantees equal education to both black and white students. Since the supreme court noticed this issue they had to focus on racial equality and galvanized and developed civil
Introduction Terrorism and racial profiling is nothing new in our society. Although some people would like to believe that it is nonexistent, it is still a major issue in today’s world. With that being said, my view on the subject is that racial profiling is going to continue to happen, whether we like it or not. I believe profiling isn’t necessarily meant to intentionally harm anyone, but is used as a tool to prevent terrorism. Past terroristic attacks have led to the many stereotypes and prejudices that our country has today.
Racial profiling is the tactic of stopping someone because of the color of his or her skin and a fleeting suspicion that the person is engaging in criminal behavior (Meeks, p. 4-5). This practice can be conducted with routine traffic stops, or can be completely random based on the car that is driven, the number of people in the car and the race of the driver and passengers. The practice of racial profiling may seem more prevalent in today’s society, but in reality has been a part of American culture since the days of slavery. According to Tracey Maclin, a professor at the Boston University School of Law, racial profiling is an old concept. The historical roots “can be traced to a time in early American society when court officials permitted constables and ordinary citizens the right to ‘take up’ all black persons seen ‘gadding abroad’ without their master’s permission” (Meeks, p. 5). Although slavery is long since gone, the frequency in which racial profiling takes place remains the same. However, because of our advanced electronic media, this issue has been brought to the American public’s attention.
For the past few years there has been an ongoing debate surrounding the issue of racial profiling. The act of racial profiling may rest on the assumption that African Americans and Hispanics are more likely to commit crimes than any individual of other races or ethnicities. Both David Cole in the article "The Color of Justice" and William in the article "Road Rage" take stance on this issue and argue against it in order to make humanity aware of how erroneous it is to judge people without evidence. Although Cole and William were very successful in matters of showing situations and qualitative information about racial profiling in their articles, both of them fail at some points.
Racial profiling in the dictionary is “the assumption of criminality among ethnic groups: the alleged policy of some police to attribute criminal intentions to members of some ethnic groups and to stop and question them in disproportionate numbers without probable cause (“Racial Profiling”).” In other words racial profiling is making assumptions that certain individuals are more likely to be involved in misconduct or criminal activity based on that individual’s race or ethnicity. Racial profiling propels a brutalizing message to citizens of the United States that they are pre-judged by the color of their skin rather than who they are and this then leads to assumptions of ruthlessness inside the American criminal justice system. With race-based assumptions in the law enforcement system a “lose-lose” situation is created due to America’s diverse democracy and destroys the ability to keep the criminal justice system just and fair. Although most police officers perform their duties with fairness, honor, and dedication, the few officers who portray to be biased then harm the whole justice system resulting in the general public stereotyping every law enforcement officer as a racial profiler (Fact Sheet Racial Profiling). When thinking about racial profiling many people automatically think it happens only to blacks but sadly this is mistaken for far more ethnic groups and races such as Jews, Muslims, Mexicans, Native Americans, and many more are racially profiled on a day to day basis. Many people believe racial profiling to be a myth because they see it as police officers merely taking precautions of preventing a crime before it happens, but in reality racial profiling has just become an approved term for discrimination and unjust actio...
Racial profiling is the most idiotic and arrogant thing you can ever do as a person. Usually the people who are affected by racial profiling are minorities, however, any person can be a victim of racial profiling. Some may think that racial profiling is non-existent, however, I would like to bring the situation into focus and show that it is still in existence and has been observed in the past and now in the current year. Although, more than fifty percent of the time racial profiling is conducted it is against a man or woman of color; an African-American in other words. There are instances where a white person can be a victim as well. Trying not to say that there isn't any person out there that is exempted from racial profiling, because there isn't a single person who is just exempted from this cruel method of decision making. In my essay I will talk about racial profiling and what it is, however, you can't forget about where it happens and of course why. Several resolutions will be discussed in this essay to alleviate this problem.
...al profiled. The way is by the color of their skin. People say that racial profiling is a good way to stop terrorism and violence and stolen merchandise, but they don’t know the affect it has to the other minorities. If you were a minority you wouldn’t want to have people look at you differently or even make assumptions about you. To stop racial profiling we should stop judging how people look and stop recalling what happened in the pass with their ethnicity. Witherbee Amy ebscohost.com stated “Those who would defend racial profiling admitted that the policy bound to infringe upon the rights of African Americans who were targeted because of their appearance, but claimed that profiling made sense based on statistics that showed blacks and Latino Americans were more likely to be convicted with drugs crimes.” Would you make an effort to put an end to racial profiling?
Before any argument can be made against racial profiling, it is important to understand what racial profiling is. The American Civil Liberties Union, defines racial profiling as "the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual's race, ethnicity, religion or national origin"(Racial Profiling: Definition). Using this definition we can determine that racial profiling excludes any evidence of wrong-doing and relies solely on the characteristics listed above. We can also see that racial profiling is different from criminal profiling, which uses evidence of wrong-doing and facts which can include information obtained from outside sources and evidence gathered from investigation. Based on these definitions, I will show that racial profiling is unfair and ineffective because it relies on stereotyping, encourages discrimination, and in many cases can be circumvented.
Our criminal justice book defines racial profiling as "any police initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual, or on information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity” (Schmalleger 757). I think it is best summed up as the practice of using race, ethnicity, national origin, or religion as the primary factor in deciding who to subject to law enforcement investigations. Racial profiling can be used as a basis for racist police officers to arrest more minorities and this is documented very often. In the article Jim Crow policing, Bob Herbert talks about the unnecessary frisking and racism connected to searching for potential criminals. Herbert makes several points as to why police are harassing the black and Latino population and how it is wrong.
The justice system is in place in America to protect its citizens, however in the case of blacks and some other minorities there are some practices that promote unfairness or wrongful doing towards these groups. Racial profiling is amongst these practices. In cases such as drug trafficking and other criminal acts, minorities have been picked out as the main culprits based off of skin color. In the article “Counterpoint: The Case Against Profiling” it recognizes racial profiling as a problem in America and states, “[In order to maintain national security] law-enforcement officers have detained members of minority groups in vehicles more than whites”…. “these officers assume that minorities commit more drug offenses, which is not the case” (Fauchon). In relationship to law enforcement there has also been many cases of police brutality leaving young blacks brutally injured, and even dead in recent years, cases such as Michael Brown, Dontre Hamilton, Eric Garner, Tamir Rice, and Freddy Gray just to name a few. Many of these young men were unarmed, and the police involved had no good justification for such excess force. They were seen as threats primarily because of their skin color. Despite the fact this nation is trying to attain security, inversely they are weakening bonds between many of its
The Fourth Amendment states “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Despite this right, multiple minorities across the country suffer at the hands of police officers through racial profiling; the singling out of a person or persons as the main suspect of a crime based on their race. Many people have also suffered the loss of a loved one because police believed the suspect to be a threat based on their races therefore the officers use their authority to take out the “threat”. Although racial profiling may make sense to police officers in the line of duty, through the eyes of the public and those affected by police actions, it is a form a racism that is not being confronted and is allowing unjust convictions and deaths.
Racial profiling in America, as evidenced by recent events, has reached a critical breaking point. No longer can an African American, male or female, walk into a store, school, or any public place without fear of being stereotyped as a person of suspicion. Society constantly portrays the African American
First of all, we have to look at motifs. Why would people want to racially profile? As I was saying with the New York Stop-and-Go system, the officers have to perform such drastic measures in order to A. keep their job and B. make the NYPD’s arrest rates go up so that they look productive. Naturally, this gets everyone big raises and lots of recognition and awards, but in the end, multiple races are suffering from this. And now some people are honestly convinced that the stop-and-go system works because of these technically faked numbers.
Profiling is suspecting someone of committing a crime or being guilty based on their race, ethnicity, national origin, or religion instead of probable cause or evidence. The U.S. Supreme Court has held that racial profiling violates the constitutional requirement that all people are to be given equal protection of the law. The center of this debate has been a talk about inequities in the basic functioning of the criminal justice system. This includes police force and aggressiveness, arrest and prosecution policies, the harshness of criminal sentences, etc. Although the federal government does play a role in policing/profiling, it's the state and local government that handle day to day operations. One solution to profiling is to increase the