RACIAL PROFILING

Criminal Justice Class: Racial Profiling



Criminal Justice Class: Racial Profiling

Bedi, S. (2010). How constitutional law rationalizes racism. Polity, 42(4), 542-567.

In this article, Bedi has focused on the prospects of constitution towards racism concept. The article highlights that the 'Profiling' offenders is not in itself contentious; it is part of the routine activities of the police and other law enforcement agencies. They will typically take the details of a suspected offender from a victim or witnesses, one of these details may be the suspect's race. Racial profiling is rather different and starts with the observation, for example, that street robbers are more likely to be young black males. The words 'racial profiling' has not been in quite such common use in the US but, in essence, the concerns amount to the same issue - the extent of dis-proportionality in attracting police attention on the basis of race.

This has been a frequent research theme and was given greater emphasis following the murder of Stephen Lawrence, a young black man whose death and its subsequent investigation by the Metropolitan Police led to considerable criticism. Essentially, the law legalizes racial profiling, according to proponents of constitutional rights for noncitizens. For that reason alone, it is unconstitutional and should be struck down, they maintain. This requires careful shaping of policy to avoid the risk of racial profiling and discrimination.

Tillyer, R., & Engel, R. S. (2010). Best practices in vehicle stop data collection and analysis. Policing, 33(1), 69-92. doi:10.1108/13639511011020601

In this article, Tillyer & Engel have identified the approaches for traffic regulation in order to address the racial profiling concept. The racial profiling issue gained national coverage in the U.S. when it was revealed that state police in New Jersey had been using profiling tactics to stop black drivers. Although the practice was not new or limited to New Jersey, it put a spotlight on that state and became a source of embarrassment. Some supporters say that racial profiling could be a valuable tool in the fight against terrorism. In a situation where the evidence pertaining to terrorists happens to include a racial or ethnic dimension, they argue, racial profiling is the obvious and sensible thing to do.

 In the mid-1980s, new anticrime legislation allowed police to confiscate the property of drug dealers and other criminals, including cars, houses, and other possessions. In the 1990s, states passed three-strikes laws and long mandatory sentences for repeat felony offenders. Civil rights groups and minority leaders complained that the laws prescribed longer sentences for the sale or possession of crack cocaine (most often used by minorities) than for possession or sale of powdered cocaine, which is much expensive and more often used by whites.

Gabor, T. (2004). Inflammatory rhetoric on racial profiling can undermine police Services1. Canadian Journal of Criminology and Criminal Justice, 46(4), 457-466

In this article, Gabor has been emphasizing on law and order; he argues that common sense would allow police to use racial and ethnic characteristics to identify possible suspects. They note that federal officials, fearing they would be guilty of racial profiling, failed to adequately investigate the ...