Racial Profiling - Research Paper Example

Racial Profiling Racial profiling refers to a situation in which police officers base their decisions to stop, search, accuse or arrest a person on their race. The term was coined in 1989 in the US by author Joseph Collum and an investigative reporter. Racial profiling has a long history dating back to as early as 1514. During this year, King Charles I issued a mandatory order which required all American natives to convert to Roman Catholic and submit to Spanish authority or they face persecution. Stereotyping of some races, especially racial minorities, is the main supporting stem of racial profiling. Under such stereotypes, some races are seen as having higher tendencies to commit crimes. Racial stereotyping gives police a ground for stopping and searching people from racial minorities at higher rates than they do to the whites even under similar circumstances. This makes the racial minorities feel that their human rights have been violated and often launch legal complains over the same. Therefore the act is unjust, unconstitutional, counter-productive and socially corrupt. Racial profiling also makes communities to live in suspicion to one another due to the stated stereotypes (Jeff 124). Prevalent of racial profiling As much as the police may not want to admit their extensive involvement in racial profiling, there is a significant prevalence of racial profiling in the US. This discrimination is usually directed to motorists, pedestrians and immigrants just because of their skin color. According to Knowles et al (215), the most common racial profiling reported in the US is the driving while black (DWB) which targets African-Americans. These are traffic stops in which African-Americans motorists face constant searches by police because they are perceived to have higher likelihood of engaging in criminal activity for example ferrying of illegal drugs or weapons. In 1999 the US government admitted that Black and Latino drivers were being targeted/singled out by police for abuse leading to lot of protests concerning racial profiling policy. At times, Latino and Black pedestrians are also stopped and frisked without any good reason. Indian motorists face driving while Indian (DWI) forms of racial profiling where they are stopped due to items dangling on their vehicles that indicate that they are Indians. Racial profiling is greatest in areas in which racial minority communities live (Cole 72). Allegations of racial profiling: use and misuse Under a 1996 Supreme Court decision, police in the US are allowed to stop motorist and conduct a search in their vehicles if they if they believe that the vehicle could be carrying weapons or carrying drugs. As a result of this, there have been an increased number of stops, especially for racial minority motorists, with a corresponding increase in the number of arrests due to such crimes. Such outcomes have become the basis for further increases in the statistics of racial profiling in the US (Riley 145). The fight against terrorism is another area in which racial profiling has been used. This was mainly sparked by the 2001 terrorism attack and as a result, blacks, Asians and anyone with Middle Eastern appearance is likely to be stopped and searched by police officers. Misuse of allegations of racial profiling especially for anti-terrorism purposes has led to criminalization of entire communities. The anti-terrorism stoop and search has made thousands of innocent citizens and visitors to live under suspicion. Extensive effects of this include damage to community relations and creation an atmosphere of increasing tension between communities or between the community and police officers. Media’s handling of racial profiling complaints The issue of racial profiling has got the attention of the media, especially DWB, leading to an extensive, balanced, accurate and provocative coverage of the vice. They make any complaints, court proceedings and decisions on cases involving racial profiling public leading to increasing public awareness regarding the vice. Whenever there is a dramatic racial violence, it receives prominent media coverage often appearing on the first three pages in newspapers or repeatedly on TV. This makes people to become outraged about the vice and it also becomes a chance for the media to openly speak against the vice (Jeff 231). However, the media are also accused for fuelling racial profiling by making the racial minorities the centre of focus when it comes to crimes. On the contrary, they rarely feature victims of crimes from racial minorities compared to how they would if the victim was a white. According to Cole (69), such actions makes the racial minorities to appear as the chief source of crimes in the nation and thus perpetuating prejudiced believe about them. The media has not directly and adequately educated the people on the vice hence they have failed to make a direct impact on the society in ending it. Research studies on racial profiling have supported the prevalence of such acts by the police. These studies have been conducted by law enforcement agents and police departments. The law enforcement agents collect data on ethnicity and race of individuals stopped in police-initiated contacts with the people. These studies have shown that police are more likely to stop and search African-American motorists and pedestrians as compared to the white motorists. Despite the studies conducted, San Jose police captain disputed such claims stating that the numbers could be deceptive. He argues that more police officers are normally assigned to Hispanic communities because their crime rates are the highest in the city hence more Hispanic motorist were stopped for traffic violations (Harlow 27). How the courts have dealt with the issue of racial profiling The courts have not dealt with the issue of racial profiling with the fairness it deserves and to some extend, it has become has a law enforcement tool. This is because one has to commit a traffic violation or behave in a suspicious way for them to be subjected to it. The situation becomes worsened if drugs or other illegal commodities are found inside their vehicles. Jackson (13) explains that on some occasions, the Black motorists do not want to fully stop on seeing a stop sign. This forces police officers to pull over their vehicles even without being driven by racial biases. Police claims in the court concerning such rudeness of some motorists on the road and evidence of drugs or weapons make it hard for such individuals to claim their arrest was done on racial lines. However, the lawyers defending such complainants argue that the items were found due to illegal arrests. They also claim discrimination in the stops in that white motorists committing the same crimes are not stopped. According to savage (12), courts require that in order to obtain justice against racial profiling, the plaintiffs must provide an actual proof that can testify of unequal treatment by police officers or prosecutors. Racial profiling can never qualify to become a legitimate law enforcement tool because it does not promote equal treatment of all citizens under the law hence disproportionate arrests. For example a white and black or Hispanic motorists committing the same traffic offense yet the white is not likely to be stopped or searched (Harlow 25). Furthermore, it is hard for victims of racial profiling to give an actual proof to support their claims for example that an un-arrested white driving car X was also driving at the same speed as them. Conclusion Reports from law enforcement agents and the media indicate that the use of racial background as a substitute for evidence is un-ignorable. However, the injustice accorded to such victims is an indication that the judicial system does not protect but holds a lot of power over the racial minorities. Racism in sentencing by judges is also evidence that racial profiling victims may not find much help in the judicial system. It is therefore time that the whole American community stands against the vice and advocate for a change and enforcement of inclusive laws. Works Cited Cole David. “The Color of Punishment.” quoted in Charles A. Gallagher, Rethinking the Color Line: Readings in Race and Ethnicity. New York NY. McGraw-Hill. 2004. Harlow Caroline. “Special Report: Defense Counsel in Criminal Cases,” Bureau of 27 Justice Statistics, November 2000, www.ojp.usdoj.gov/bjs/pub/pdf/dccc.pdf. Retrieved on wed on 11th, April, 2011. Jackson Toby. “Racial Profiling’ Doesn’t Prove Cops Are Racist.” Wall Street Journal. (1) pp 12-15. 1999. Jeff Shantz. Racial Profiling and Borders: International, Interdisciplinary Perspectives Lake Mary. Vandeplas. 2010. Knowles John, Persico Nicola and Todd Petra. "Racial Bias in Motor Vehicle Searches: Theory and Evidence". The Journal of Political Economy (1) pp 203–229.2001 Riley Jack, Racial Profiling: Lessons from the Drug War, . Retrieved on 11th, April, 2011. Savage David. Supreme Court Refuses to Hear Case Involving Racial profiling. Los Angeles Times. (48) pp 12. 2001. Read More