Racial Profiling and Criminal Justice - Research Paper Example

?Racial Profiling: Evidence and Analysis Introduction Racial profiling is a term that is used to refer tothe use of an individual’s race or ethnicity by the law enforcement personnel to make a decision of whether or not to engage in in enforcement such as arresting them. The practice has raised so many controversies and has been a subject of many heated debates in the recent past. Many countries do not support the idea saying it is a bad practice. In my view the practice is bad and should not be tolerated. It only amounts to discrimination which is a bad thing in the society. It should be noted that there are many organizations which advocate for human rights and all individuals must be respected whether they come from a minority group or a dominant group. The idea that an arrest is made based race or ethnicity is only an indication that those countries or people in that nation still practice racial discrimination which is a bad concept. When the law is being implemented it must be implemented equally on all people in the society and should not be seen to lie on one side. People or different races have rights and when their rights are violated it becomes not only an issue in that country but also raises international concerns. Racial profiling as a problem It has been seen that racial profiling is any action initiated by the law enforcement agencies whether the police or any other group that is mandated with the authority to enforce the law that is based on race or ethnicity or even the nationality of an individual rather than by looking at the behavior of that individual or any other information that may lead to the suspect who committed a crime or offence. The idea that because a given race is present in a given place means that they are the ones engaged in criminal activity is rather absurd and should not be tolerated (Tomaskovic-devey, 2009). In the United States, the law is very clear on this issue (Livingston, 2002). The fourth amendment of the Constitution gives all individuals the right to be safe from the unreasonable search and seizure of their belongings without a particular cause. The same law also makes it clear that all people must and should be treated equally without basing on their race ethnicity or any other aspect of human existence that may link it to some form of discrimination. George Bush once said in 2001 in his address that racial profiling is a bad idea and America will work to ensure that it is stopped. He noted that though there are many good police officers out there are a few who are still practicing the vice and they will not be tolerated and measures will be put in place to stop these abuses (Ryberg, 2011). Racial profiling is still a huge problem in the United States law enforcement agencies and especially the police. The police have said that racial profiling is a good concept. That it is both effective and necessary. They say that crime is higher in some communities and not in others especially those that have a minority population existing among them. They argue that the minority population is the one that engages in crimes and that to ignore that fact just because of the moral implications behind it is unprofessional and morally wrong. (Glover, 2007) Many other scholars have argued against this saying that the presence of a minority group in the population does not necessarily mean that they are the ones engaged in the criminal activity. The dominant group may also be responsible for the criminal activity and because they know that the minority group will be accused they hide and only perfect their plans making it even harder to recognize them. The causes of racial profiling are very clear. Scholars argue that the prevalence of this issue is based on poor reasoning from the police officer. They argue that because the cock crows every morning and we see the sun rise does not mean that there is a correlation between the two. Thus because there is crime in a given area and there is the presence of a minority group does not mean that that minority group is the one engaged in the vice. The police need to use deductive reasoning rather than inductive reasoning. Secondly criminologists say that it is also caused by institutional bias, prejudice and racism by the law enforcers (Miller, 2007). The most popular opinion of the American black motorist is that the reason why they are usually stopped on the highways is simply because of their races and not any other thing. This may be true given the fact that the police admit that they use it for purposes of their profession to identify criminals and their activity easily. In America the liberals have continued to advocate against the idea while the conservatives have continued to dismiss this idea as only exaggerations and that the minority groups are only but being hypersensitive. This is not the case and can be seen from the many arrests that have been made on the black population without actually following the law (Tomaskovic-devey, 2009). Two studies in Massachusetts on the idea of racial profiling actually proved that it is a fact concluding that the concept is solely based on the bias in decision making on the part of the police officers and the institutional racism that is evident in the law enforcement itself (Livingston, 2002). In 2007 in Maricopa, a federal judge made a ruling that any Latino who is stopped by Maricopa County Sheriff since the beginning of that year or any who will be stopped in the future should sue the Sheriff in a racial profiling class action law suit. In that ruling the judge ordered that the sheriff’s office must not detain any person on the basis of the belief that the person is in the country illegally or is involved in crime. The Sheriff’s lawyers argued that by limiting the ability of the sheriff to make arrests of the Latino’s it the court was simply hampering the ability of the sheriff to perform his basic duties. This ruling clearly points to one thing, that the Latino’s are viewed by the law enforcers as always being in the country illegally and therefore when spotted they must be treated with suspicion and arrested immediately (Pieklo, 2012). There is clear evidence of racial profiling in America and statistics easily prove this fact. In freestone county for example in the period between January 2010 and December 2010 the following were the results of the survey: on Africans; 34 stops were conducted without a clear reason as to why they were stopped and out of these 31 were marked as “other”; 6 searches were conducted, 6 with consent that resulted in the arrest of 2; 17 residents were searched were treated suspiciously and always on police surveillance. The numbers of males suspected were 24 while the number females suspected were 10 (Freestone County, 2011). A look at the Native Americans reveals shocking information. In that period only 1 stop was conducted with a specific reason and only one resident was treated suspiciously and on police surveillance and this is because he was known to have engaged in criminal activity before. The rest of the categories were marked by zeros. This county is just but an example of this growing problem in the United States law enforcement institution. It means that the blacks are always suspected of either criminal activity or in possession of illegal or hazardous merchandise that may pose a risk to the population. The treatment of blacks with suspicion is not a good idea and many scholars and activists have continuously advocated for end to racial profiling (Freestone County, 2011). Many activists consider the SB 1070 as copy-cat legislation with many criticisms being directed at it. It is seen as a legislation that promotes racial discrimination and works against the constitutional rights of individuals (Miller, 2007). Though it may help in stopping problems to do with immigrations and other problems that come with it, it is still a bad law that needs to be stopped. The law is very specific and says that “Any person who is arrested shall have the person’s immigration status determined before the person is released.” I believe this is bad and only promotes racial profiling at the same time racial discrimination and also motivates the natives to engage in criminal activity because they will not be arrested (Ryberg, 2011). The concept has had a big impact on the American community and the impact is largely felt by the minority populations that have been affected by the problem. Law enforcement scholar argue that racial profiling can be solved in two ways: through participatory reforms in which the police engages with the community and other institutions to help in identifying problems and solving them without basing on their races or ethnicity; through the creation of problem oriented partnerships where the police institutionalizes a problem oriented approach in their day to day work that incorporates information gathering and analysis (Dottolo & Stewart, 2011). Conclusion Racial profiling is a bad idea and all measures must be taken to stop it. It is absurd to pint to individuals of a minority population as being engaged in crime while leaving out the people actually engaged in crime. The American laws are seen to support the idea and this is very bad with the introduction of laws such as the SB 1070. The impact of such a law on the minority is great with many psychological and emotional problems arising. However reforms in the police and in other law enforcement institutions are the only viable solutions to the problem and if implemented, the concept will be a thing of the past. References Dottolo, A. L., & Stewart, A. J. (2011). Racial profiling and background injustice. Journal of Ethics, 15(1-2): 33-46. Freestone County. (2011, 11 01). Racial Profiling Statistics. Retrieved April 28, 2012, from Freestone County: http://www.tcleose.state.tx.us/racial_profile_pdfs/161100_2010Report.pdf Glover, K. S. (2007). Police discourse on Racial Profiling. Journal of contemporary criminal justice, 23(3):239. Livingston, S. R. (2002). Racial profiling under attack. Columbia Law review, 102(5): 1413-1438. Miller, K. (2007). Racial Profiling and Postmodern Society. Journal of contemporary criminal justice, 23(3): 248. Pieklo, J. (2012, January 3). Racial Profiling Lawsuit Moves Forward against Arizona Sheriff Joe Arpaio. Retrieved April 28, 2012, from Care: http://www.care2.com/causes/racial-profiling-lawsuit-moves-forward-against-arizona-sheriff-joe-arpaio.html Ryberg, J. (2011). Racial Profiling and Criminal Justice. The Journal of ethics, 15(1-2):79-88. Tomaskovic-devey, D. (2009). Explaining and Eliminating racial profiling. Contexts, 8(2):34. Read More