State’s Rights
My understanding of the state’s rights:
The state’s rights are political powers given to the states. Moreover, they are also known as reserved powers. The constitution assigned national government powers, additionally provided the states the independent right to control matters such as education, police protection, licensing, among others.
Law Enforcement Article Summaries:
In the first article, “Justice Dept. announces new rules to curve racial profiling by federal law enforcement”, author Sari Horwitz, points out that the Barack Obama administration has banned racial profiling for federal law enforcements institutions, but not for local police departments. The banning will prevent agents from considering race, ethnicity, gender, national origin, religion, and/or sexual orientation. All before opening national security and other criminal or civil cases involving the individual. Moreover, the federal law enforcement officers should attempt to serve as role models for state and local law enforcements officers. As they should demonstrate that successful social safety does not require racial profiling. However, some believe that the banning of racial profiling should also be strictly enforced by states.
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However, the reserved state powers allow each state to control police protection. To which some argue that the banning of racial profiling by federal law enforcements will not be successful. As airport screeners and border protection will continue to consider a variety of factors to ensure the safety of the nation—for example, odd behavior by an individual. Lastly, the conclusion indicates, that the banning of racial profiling by law enforcement officers is a step towards an unbiased nation, but that it does not entirely eliminate
People of color are being pursued on the highways in the land of the free. In Bob Herbert’s “Hounding the innocent” acts of racial profiling are displayed flagrantly. Racial profiling should be illegal, since it is unfair to its victims, demoralizing, and it breaks the trust between the public and the police.
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
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.
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 any criminal violation (Harris, 2003). Proponent's for racial profiling reason that racial profiling is a crime fighting tool that does treat racial/ethnic groups as potential criminal suspects based on the assumption that by doing so increases the chances of catching criminals (Harris, 2003). Also, it is important to note, law enforcement officers only need reasonable suspicion to stop and frisk, probable cause is not required as in other circumstances (Harris, 2003). It is because of this assumption that the New York Police Department’s stop and frisk policy is still a relevant issue.
Racial profiling is a wide spread term in the American justice system today, but what does it really mean? Is racial profiling just a term cooked up by criminals looking for a way to get out of trouble and have a scapegoat for their crimes? Is it really occurring in our justice system, and if so is it done intentionally? Most importantly, if racial profiling exists what steps do we take to correct it? The answer to these questions are almost impossible to find, racial profiling is one of many things within our justice system that can be disputed from any angle and has no clear cut answers. All that can be done is to study it from different views and sources and come up with one’s own conclusion on the issue.
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.
"The Reality of Racial Profiling." CivilRights.org. The Leadership Conference, 22 08 2012. Web. 4 Mar. 2014. .
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.
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.
Bad economic results can occur when racial profiling is accepted and urged to be used. Matthew Rothschild states, “Better to take nonviolent action and press our case with boycott”(3).Rothschild is referring to Arizona’s SB 1070 immigration law that allows local law enforcement the power to ask any suspect for proof of citizenship. This law outraged many people and city also took offense to this new law. Rothschild also goes on to state, “San Francisco is leading the way. Mayor Gavin Newsom issued an executive order that prevents city officials travelling on official business to Arizona” (3). We can see this law hurt states by losing support because of acceptance to racial profiling. Having acceptance for racial profiling can cause outrage and boycotts, but more important it can...
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
This essay will bring to light the problem of racial profiling in the police force and propose the eradication of any discrimination. 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
Mistrust and fear cause challenges to resolving the issue of racial profiling of the future and the past. Racial profiling has improved public harmony and consistency (Rivera,2008).The courts of law have steadily unsuccessfully recognized the link between demonizing African Americans, as a means of justifying the establishment of bondage, and racial profiling observed and used by police in modern American civilization. Historical beliefs that technologically advanced to continue the oppression arrangement remain; these beliefs base themselves on the proclamation that African Americans have characteristics of lawbreakers that should be under continuous distrust (Rivera, 2008). The disgrace of misconduct emotionally involved toward African Americans by the white culture was established as a means of common governorship over the imprisoned and later liberated African Americans. These historical factors represent challenges to resolving and engaging whites in continuous fear of blacks, white populations would be more eager to agree on black reduction to guarantee white protection (Rivera, 2008). .