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Racial discrimination in the criminal justice system
Racial discrimination in the criminal justice system
Racial discrimination in the criminal justice system
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Definition
Racial profiling by the police has become a serious issue within the years. Some people are blind to the fact and believe that it doesn’t exist. As an office of the state I do believe that some people are targeted by the color of their skin or their ethnic background. “The saddest part of the human race is were obsessed with the idea of ‘us and them,’ which is really a no-win situation, whether it’s racial, cultural, religious, or political,” (Matthews, 2005). According to “Library in a Book: Racial Profiling, “ (2004), Racial profiling is defined as any police-initiated action that relies on race, ethnicity, or national origin rather than the behavior of an individual or information that leads police to particular individual who has been identified as being or having been engaged in criminal activity. Racial profiling refers to
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According to the Fourth Amendment of the Constitution of the United States of America, ratified in 1791, 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, (Pampel, 2004).” The Fourth Amendment is vague on its meaning because it states that a person cannot be search without unreasonable cause. What is technical unreasonable cause in a typical situation? I feel that a person can use the term “racial profiling” in pretty much any situation. Some people feel that just because I am of a certain decent that this officer has stopped me for no particular reason. Although I have seen people targeted for the color of their skin; I have also seen people pulled over or stopped for wrong doing. It may not have been criminal activity but because maybe they ran the light, didn’t stop at the red light, or something small. But sometimes by a person doing something so stupid have stop criminal activity or gotten a criminal off the
Stop and Frisk is a procedure put into use by the New York Police Department that allows an officer to stop and search a “suspicious character” if they consider her or him to be. The NYPD don’t need a warrant, or see you commit a crime. Officers solely need to regard you as “suspicious” to violate your fourth amendment rights without consequences. Since its Beginning, New York City’s stop and frisk program has brought in much controversy originating from the excessive rate of arrest. While the argument that Stop and Frisk violates an individual’s fourth amendment rights of protection from unreasonable search and seizure could definitely be said, that argument it’s similar to the argument of discrimination. An unfair number of Hispanics and
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.
Imagine driving home, on a pleasant evening, after a tedious day at work. Just as you are about to arrive to your neighborhood, you notice blue and red flashing lights and pull over. It seems the police officer has no reason for stopping you, except to search your vehicle because of your suspiciously perceived skin tone. This unnecessary traffic stop, designed for people of colored skin, happens on numerous occasions and has been termed Driving While Black or Brown. Racial profiling is the act of using race or ethnicity as grounds for suspecting someone of having committed a crime.
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
One discriminating practice used by police officers is racial profiling. This is the police practice of stopping, questioning, and searching potential criminal suspects in vehicles or on the street based solely on their racial appearance (Human Rights Watch, 2000). This type of profiling has contributed to racially disproportionate drug arrests, as well as, arrests for other crimes. It makes sense that the more individuals police stop, question and search, the more people they will find with reason for arrest. So, if the majority of these types of stop and frisk searches are done on a certain race then it makes sense that tha...
The term reasonable suspicion is a lesser standard than probable cause. It is a general belief that a crime is occurring, or has occurred. Reasonable suspicion can’t be only a hunch. It has to be based on the facts at hand and the reasoning from those facts that will lead someone else under the same circumstances to believe that a crime has occurred. The standard reasonable suspicion only allows law enforcement to temporarily detain, question, and frisk. It does not allow officers to search or seize because that will require probable cause. Probable cause is a set of facts and circumstances that would lead someone to believe that someone else has committed a specific crime. Probable cause is the next level of belief in order to arrest, search, and charge someone of a crime. Racial profiling, a controversial issue, has become a common problem in the police field. Some have said that they were stopped for being black, or Hispanic. Racial profile is a different problem; reasonable suspicion can’t be based on merely race, or ethnicity. For example, in my personal experience, I usually think anybody that is out late is suspicious. If I see someone walking by the neighborhood at night, I just obser...
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.
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...
The key to understanding racialized profiling is to understand what systemic discrimination and profiling mean. Systemic discrimination sometimes called systemic racism is defined as, “Patterns and practices… which, although they may not be intended to disadvantage any group, can have the effect of disadvantaging or permitting discrimination against… racial minorities” (Comack, 2012, p30). Profiling in policing is defined as,
Racial Profiling can happen to anyone, anywhere such as the streets, in the airports, or even just walking home. Racial profiling and the media influence an individual’s perspective on a trial. Racial Profiling is using someone’s race or ethnic background as suspicion for committing a crime. Evidence from past trials dating back to 1920s Sacco and Vanzetti trial to George Zimmerman’s trial in 2013 prove that racial profiling has existed for nearly a century. According to the article “The Quiet Racism in the Zimmerman Trial” by Steven Mazie, he states
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.
Every day you see and hear about minorities groups complain about cops and their tactics against them stopping them while in traffic taking them in to custody or even getting kill over nothing. Racial Profiling is a common thing in this community and it is causing a lot of trouble. According to Minnesota House of Representatives analyst Jim Cleary, "there appear to be at least two clearly distinguishable definitions of the term 'racial profiling ': a narrow definition and a broad definition... Under the narrow definition, racial profiling occurs when a police officer stops, questions, arrests, and/or searches someone solely on the basis of the person 's race or ethnicity... Some ways to stop it is find out who is guilty of it, look at their
In the United States of America today, racial profiling is a deeply troubling national problem. Many people, usually minorities, experience it every day, as they suffer the humiliation of being stopped by police while driving, flying, or even walking for no other reason than their color, religion, or ethnicity. Racial profiling is a law enforcement practice steeped in racial stereotypes and different assumptions about the inclination of African-American, Latino, Asian, Native American or Arab people to commit particular types of crimes. The idea that people stay silent because they live in fear of being judged based on their race, allows racial profiling to live on.
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.
Law Enforcement policy is designed to help law enforcement agencies cut down on the amount of crime in communities and give structure to the agency. It also helps lessen the number of certain cases in certain areas, as well as from a certain group of people. There are several policies that I disagree with, but there is one policy I will be discussing. Law enforcement officers sometimes stop and frisk people based on gender, race, financial status, and social ranking. It is a very controversial issue because anything dealing with race and ethnicity can cause a lot of disagreement and discord. According to a New York judge on dealing with the stop and frisk laws, "If you got proof of inappropriate racial profiling in a good constitutional case, why don't you bring a lawsuit? You can certainly mark it as related . . . . I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit" (Carter, 2013, pp.4). The stop and frisk law is one reason I do not believe in law enforcement profiling. Even though some law enforcement officers allow personal feelings and power to allow them to not follow policy, some policies are not followed morally because I do not feel that officers should be allowed to frisk someone who is innocent and has not committed a crime because it takes the focus off real criminals and onto innocent people; it causes emotional stress. I know because I have been through this several times.