Saturday, July 13, 2013

Racial Profiling in Criminal Justice

Reasons behind racial profiling

Politicians have contributed a lot in this. One, during their campaigns they assume the existence of the problem and sometimes promise people of coming up with laws to deal with the same problem which mostly they do not accomplish (Anderson, 2004). The constitution of America has not given out proper guidelines on how to deal with the police administering this injustice.

Why study racial profiling

It is important to study racial profiling so as to help a country help its citizen’s deal with the injustice directed to them, a government has to do away with such treatments. The American nation has always purposed to treat all people equally not discriminating them by color, religion or class. This can only occur when the government is aware of the forms and the effects of this racial profiling. It will then come up with measures to curb the same and bring unity in the country. African Americans and the Latinos have been heard to complain over along period of time of how the police have been handling them. They report that they have been checking them in their vehicles while they drive and yet do not even ask for permission. They still complain that no one has been giving them an ear over the same problem. Reports also show that the police have been checking people on the streets over drug use allegations basing on race. The number of African Americans who are stopped as compared to the whites is high (Bamagarner, 2004, p. 299).

The event of bombing on 11 September has also contributed to the same treatment in that those of the same origin with the terrorists have suffered a lot from racial profiling (civil rights, 2006, p. 1).

Racial profiling in the USA

It is true that this is an action that has taken place for many years .Cases of racial profiling are so rampant in the United States despite the fact that the criminal justice has been in place for about 30years. This concern has been out of the various complains addressed by the affected groups. Currently, one’s complexion makes him or her suspect of a criminal act which can lead to imprisonment or to be arrested .The civil rights division in the 1990’s decided to address the problem of profiling by using some states like Los Angeles police department and the New Jersey state police (Travis, 1998, p. 513). Other neighboring states took an initiative of collecting information that will be relevant in the address of racial profiling. At the beginnings of 2001, there were many reports for the same and were addressed to the federal government. This led to the condemnation of the practice by the attorney general. It was more emphasized by the president at the same period who termed the action wrong. In the same year basing on the presidents speech, the End racial profiling Act was enacted in the bill. This bill had so much to do with profiling. First it looked at ensuring that the ban was put into action by both the judicial bodies and the federal government in general. Many people supported this bill but unfortunately the bombing of 11 September, 2001 has brought the all thing back again. Now, the citizens with any similarities with the terrorists are still segregated by the police. Anyone suspected to have an origin of Muslim, or Arab still go through the same treatment. The previous government was preaching against terrorism yet what was happening to the Muslims, Arabs and south Asians was totally opposite of the same. In fact, some people advocate the profiling of this group of people as a way of bringing terrorism to an end. (Civil rights, 2006, p. 1).

Some of the examples are the treatments that different people have felt or experienced in the traffic. Very many drivers and motorists have innocently suffered from discrimination in administration of justice by the police. It is notable that the African Americas have suffered a great deal from the oppression they go through from the traffic police. They even do not receive an explanation as to why they are arrested or stopped unlike the whites whose cases of being stopped are so minimal and if they occur, they are normally given an explanation over the same (Bumgarner, 2004, p. 299)

In 1999 the month of October, a musician with a Latin origin was arrested by a police in Los Angeles with allegations of having used the right turn lane. It is reported that he was searched after several miles from where he was alleged to have done it. As if that was not enough he was later interrogated over several other criminal offenses which were not even part of his current mistake. They later on handcuffed him and took him to jail after having suffered several injuries without any explanation (civil rights, 2006, p. 1).

Racial profiling takes place in different ways;

Driving while black or brown

This was shown by Robert Wilkins, where by the enforcement of law and order is selectively used to stop the black or the brown motorists. Basing on the complexion, they say that they can be stopped because they have a likelihood of dealing with illegal drugs. Reports showed that as compared to other Americans, the black and brown and other minorities had experienced several stops on the way as they drove or rode. In 1999, there was a report which showed that African Americans had a possibility of being stopped of 20% higher than those of the white Americans. They also had a percentage of 50 to have been stopped more than once. It is shocking also to learn that the police were twice likely to check an African America compared to the white (civil rights, 2006).

Between 1995 and 1997, the 70% of stops by the police was all comprised of Africans at Maryland. In Los Angeles, blacks have a percent of 10 in the total population of the country yet for the total number of people stopped by the police, they carry 18% in the year 2002 (Civil rights, 2006, p. 1).

Stop and frisk tactics

This refers to the profiling experienced by pedestrians basing as they walk along the road. This kind of treatment occurs due to the biasness or beliefs that the police officers harbor within themselves. It is reported from statistics that the 175,000 cases of stops composed of 84% of the blacks and Hispanics from the year 1988 to 1999 and the small percentage was of the whites (civil rights, 2006).

Customs service profiling

This form of profiling refers to profiling that people experience at the port. The experience that blacks and the minorities go through at the port is devastating. Ms. Bradly in 1999 went through a devastating experience when her luggage was searched and after which she was directed to a room for further search. She reports to have been mishandled by a female police officer who even went as far as touching her private parts. She also noticed that the number of blacks who were searched were extremely higher than those of the whites (civic rights, 2006, p. 2).

Profiling in the immigration context

America is known to have one of the largest numbers of immigrations. Some policies in this field have often put out some groups leading to discrimination. This profiling occurs both at the border and even inside the country. This is whereby if an individual is black or Hispanic even police officers who are not concerned with immigrations stop people anyhow and checking their documents like passports yet this does not happen to the white race.

Consequences of racial profiling

Consequences of this act by the police are quite negative. To the innocent, the mistreatment that an individual goes through innocently goes against the rights of an individual. The effects are broad for instance, they can affect one in behavior or even emotionally. African Americans are forced to avoid some routes, avoid driving a certain kind of vehicles and even disguise themselves by putting on certain kind of clothes so that the police may not notice them. It breeds segregation; this is because the disadvantaged races choose to stay in areas where they can hardly experience the segregation under discussion (civil rights, 2006, p.3)

For those who are guilty especially the whites, their criminal lifestyle won’t stop. This is because the black race seems to take much of the offences. It is surprising to learn that the blacks take 12% of the total population of the United States yet they have a population of 11 of all those who are in imprison (civil rights, 2006, p. 3).

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