Racial Profiling

Racial ProfilingRacial Profiling windThis manuscript impart take an in-depth cheek at racial indite. well-nigh(prenominal) studies have been conducted on this type of practice and a few of these studies volition be observed. Concerns for racial pen such(prenominal) as racial tax, impacts on clawities, and guard citizen partnerships will also be addressed and how it affects the individual, crook legal expert field and the familiarity. any(prenominal) sanctions will also be demonst tempoed to find ship jakesal on how to besiege this practice. Finally the cases of Atwater v. city of Lago Vista and Terry v. Ohio will be compargond. Racial ProfilingThe debate involving racial compose is been close to for numerous age. there have been many studies of about this upshot everywhere the past 20 years. Some look forers cogitate that racial write does non have a place in the wretched legal expert system. Although others dissent with this claim and believe that it d oes have a place in the fell providedice field and does stop criminal offense. This manuscript will take an in-depth work out at the constitutional issues, correctional opening nights, and comp atomic number 18 two cases dealing with racial write.Literature ReviewHiggins, Gabbidon and Vito (2009) conduct a dissect foc utilize on the public opinion on racial indite during traffic stops. They self-collected data from Gallup thither runs a poll every few years on the perception of whites and minorities on several issues. The type size was 2,000 at random selected Ameri thunder mugs of many different leans and ethnic dry lands. Dependent variables were tallyed by development two different questions that include the following is it ever justifiable for police force use racial or ethnic profile, and if they felt that racial write was widespread when motorists are stop on roads and highways (Higgins, Gabbidon, and Vito, 2009). The independent variables were tested by fin ding out what the transactionhip between each hunt was. The demographics for the study found that 47% of the survey respondents were male with an average income of $50,000 to $75,000. The sample also showed that 37% were black and 22% Hispanic (Higgins, Gabbidon, and Vito 2009). The results of this study showed that there were mixed results when dealing with race relations and safety engages. The researchers show that race relations had an influence on racial indite, while safety did non.A study conducted by Parker, McDonald, Alpert, Smith, and Piquero (2004) focuses on the contextualized examination of racial indite. This study basically lifes at multiple studies conducted by many other researchers on the stem of racial profile. The reservoirs desist that residential area level characteristics and their relationship to racial compose are unknown. They also argue that the clarity and meaning of racial write is lacking (Parker et al., 2004). The study also shows that m uch analysis should be do to see the relationship between police discretion and racial compose.Kim (2004) examines how spectral individuals feel towards racial profiling. The researcher collected data from the ABC news show/The Washington Post Afghanistan Attack Poll 2. The sample size consisted of 1,009 prominent participants ranging from the ages of 18 and older and living in the fall in States (Kim, 2004). In a survey that was conducted the participants were asked their religious identification, their race, and feelings about racial profiling. The researcher found that religious Ameri jackpots are more likely to support the racial profiling of Muslims or state Arab descent. The reference believes that this is true because of the public safety because of the events that occurred on folk 11, 2001.Ramirez, Hoopes, and Quinlan (2003) also look at racial profiling in this interpretation after the events that occurred on September 11, 2001. They foremost take a look at the c ase of Wilkins v. Maryland State Police. This case was brought up by the Ameri rat civilian Liberties Union (ACLU) about statistics of stops through on Maryland Turnpike. It showed a big contrast in the amount device driver searched by the Maryland State police because a study showed that 79.2% were African-American (Ramirez, Hoopes, and Quinlan, 2003). The authors indeed look at different definitions for the phrase racial profiling of pre-September 11 and post-September 11 and believe that they are non easily understood. They believe that a more distinct definition should be positive for police enforcement officials to use.Oliver (2003) discusses constitutional concerns when dealing with the topic of racial profiling. The author takes a look at Fourth Amendment and how it affects racial profiling. This phrase takes an in-depth look at Atwater v. city of Lago Vista. The case was brought forth because Gail Atwater felt that she was illegally stopped by police because of a race . This case made its way to the United States Supreme royal court and the justices found the policemans actions did not violate the Constitution. The majority of five justices said that it did not violate the Fourth Amendment because a warrantless beguile is legal for minor criminal offenses (Oliver, 2003). The author believes that this case reshaped the stern amendment of the United States Constitution.In an article write by Simmons (2011) racial profiling is examined for close towhat definitive solutions. The author discusses some of the harms that racial profiling has on the victims. The researcher believes that racial profiling imposes a racial tax on individuals and groups that are subject to this practice (Simmons, 2011). other(a) harms that the author discusses are the impacts on monitory communities, and impacts on police citizen partnerships (Simmons, 2011). The author also discusses how there have been some push for legislation to befriend stop racial profiling, and the legislation failed to pass. The researcher believes the more studies postulate to be performed to help settle the issue of racial profiling.Smith and Alpert (2002) discuss how the use of mixer sciences can help the court system resolve the issues of racial profiling. The authors also discuss some of constitutional constraints when dealing with racial profiling in the legal system. The researchers state That most stops d angiotensin converting enzyme by law enforcement officers based only on race are generally found unconstitutional in the courts (Smith and Alpert, 2002). The authors also discuss some legal remedies racial profiling. They claim that this type of practice d ace by law enforcement officers is a encroachment of the Equal Protection Clause of the United States Constitution. Smith and Alpert (2002) also discuss how the fourth amendment is rarely applicable in cases dealing with racial profiling because of the Supreme Courts decision of Whren v. United States. They conclude by stating the most court cases that deal with racial profiling in the long run fail because the plaintiffs do not have enough solid research.Durlauf (2006) wrote an article discussing some of the problems of racial profiling in traffic stops. The author shows that there been no benefits identified for the use of racial profile. He believes that the harm to the individuals is greater than the benefits for the use of this practice. He concludes by stating that he rejects any form profiling in traffic stops as a public indemnity (Durlauf, 2006). In a study conducted by Glaser (2006) the author says is difficult to test the effects of racial profiling because the data is difficult to secure. The researcher during his study simulates racial profiling to see how it affects two different groups. In his first scenario the two groups had the alike incarceration rate of 10%. In this scenario no profiling is d one in the results come out say the same for both groups. In the next scenario the researcher changes criminality rate for one group to 25% and lowers the endorse group to only 6.25% (Glaser, 2006). The researcher shows when this occurs and profiling is put into the equation that the group with a higher criminality rate is five times more likely to be incarcerated than the other group. Risse and Zeckhauser (2004) produce an article looking at the moral aspect of racial profiling and how to eliminate from ones thoughts of the subject. The authors give a brief history and some contrary definitions of the phrase racial profiling. They believe that some of the definitions that other researchers use can be confusing and hard to understand. Risse and Zeckhauser (2004) shows it is hard to prove racial profiling because law enforcement use the defense of suspicious activity not solely stopping somebody because of the race. The researchers believe that racial profiling can be use in some cases for the better public safety. The authors conclude that the y do know that racial profiling does hurt the African American community, but also believe that it does lower crime rates.DiscussionConstitution and virtueThe topic of racial profiling has constitutional and criminal law issues imp everywhereishment to be addressed. Oliver (2003) identifies the major constitutional issues the Fourth Amendment and the Fourteenth Amendment. The fourth amendment can be summarized as illegal search and seizure. In the case of Atwater v. City of Lago Vista the Supreme Court role that the police officers stop on this Atwater did not violate the fourth amendment because for minor criminal offenses a warrantless arrest is permitted (Oliver, 2003). The 14th amendment is known as the Equal Protection Clause and was developed for the protection of individuals no matter what their race or ethnic background was. This is been an issue because the 14th amendment has not been very adequate to help the victims of racial profiling. The reason for this is because ra cial profiling is very hard to prove. Another issue when dealing with racial profiling is many plaintiffs lose cases dealing with racial profiling because they have not gathered enough solid research (Smith and Alpert, 2002).ConcernsMany concerns can arise when dealing with racial profiling because they can affect many people. Simmons (2011) discusses three of these concerns and they are as follows imposes a racial tax, impacts nonage communities, and impacts police citizen partnerships. When dealing with racial profiling the so-called racial tax many people in the community can convey psychological and emotional harms. This can be devastating to the individual because they can make them feel unwanted in the community. The community also suffers because forge can spread the police officers are profiling a accredited race and then trust the criminal justice field falls. The concern that racial profiling has impacts on minority communities can be warrant for some of the same reaso ns stated above. This is also concerned because the practice of racial profiling whitethorn lead to higher incarceration rates among the community (Simmons, 2011). This can be harmful to the criminal justice field for some of the same reasons stated above and can have an impact on correctional facilities because it may cause more overcrowding. Racial profiling impacts police citizen partnerships because the trust of the police falls to the individual and the community as a whole.Another concern the may arise with the topic of racial profiling can be the issue of airport security. The impact of not using racial profiling on certain races can have a huge impact on the communities at large. This author believes that racial profiling is wrong in most cases but when it comes to protecting large groups of people should be employ. If an individual board the plane with a bomb and was not racial profile this could have an impact on the criminal justice system as well. The country as a whol e may feel that the criminal justice system do not do their job properly in stopping such an attack. ane more concern could be the racial profiling of the teacher at a University. This can impact the victim because it makes them feel not welcomed at the initiation because of the race and ethnic background. If students do not trust the teacher just because of their race, this can have an impact on the school community because lawsuits may arise. These lawsuits in turn will have an impact on the criminal justice field is a may tie up the courts.InitiativesSome initiative should be put into place to stop the practice of racial profiling. Most of the public believes the racial profiling should not be used in any shape or form. In order to combat this some sort of punishments may need to be put in place to stop profiling. superstar way to combat this practice could be to impose community service on individuals who commit racial profiling. This would not be a hard punishment to impose b ecause it could help the community as a whole. Some logistical issues would be to find the set aside project for the individual to work on. This project could be in the minority community that the individual committed racial profiling against.A second initiative to help stop the practice of racial profiling is to impose beautifuls. This would be easy to apply once the law was set into place. One of the issues that may occur though, is setting the correct amount of money they should be fined against the individual who committed racial profiling. A third and final initiative could be shaming. This may be harder to implement because it is not well-known to the community. One of the logistical issues that may arise is getting adults to cooperate with the initiative. Most adults are not going to stand on the side of the road retentiveness a sign that says Im a racial profiler. These types individuals would rather pay the fine first. Another issue is to find the appropriate place to ho ld shaming, such as a community square or popular mall. This author believes that if shaming should occur in the community that the individual committed racial profiling.CasesThere are many cases that involve racial profiling, but Atwater v. City of slow Vista is one that has been studied many times. Gail Atwater was driving a pickup truck truck and was pulled over due to what the officer said was a seatbelt violation (Oliver, 2003). This is brought forth to the Supreme Court as a racial profiling case because a few weeks before the same officer pulled over Gail Atwater for the same violation. The issue was that all the passengers were belted in properly. Although the seatbelt violation on how to find $50, the Atwater family felt that they were racially profiled. The Supreme Court subsequently command that the case did not involve racial profiling because warrantless arrests are permitted and minor offenses (Oliver, 2003).In a similar case of Terry v. Ohio police officer stopped three men that he thought and committed the crime just moments before. When the officer asked what their name was, they just kind of mumbled. The officer then proceeded to search the men and found a weapon on one of them in an inside pocket. Two the men were charged with carrying a hidden weapon and taken to the police station. The defense for the two men one of the charges dropped because of illegal search and seizure. This case made to the Supreme Court and later developed a Terry stop. This was the case that did not involve racial profiling but involved reasonable suspicion. The outcomes of these two trials did affect individuals because in one case someone was fined, and in the other they were put in jail.ConclusionAs discussed throughout this manuscript there are many problems and concerns that arise when dealing with racial profiling. This type of practice is still used very hard to prove. The concerns that were mentioned previously are one of the reasons that racial profili ng should be stopped. This author believes that more research needs to be through with(p) in order to find the right way to combat this practice.ReferencesDurlauf, S., (2006). Assessing racial profiling. The Economic Journal. 116.Glaser, J., (2006). The efficacy and effect of racial profiling a mathematical simulationapproach. Journal of Policy Analysis Management. 5(2), 395-416.Higgins, G., Gabbidon, S., Vito, G., (2009). Exploring the influence of race relations in publicsafety concerns on public support for racial profiling during traffic stops. InternationalJournal of Police Science Management. 12(1). 12-22.Kim, P., (2004). qualified morality? The American Behavioral Scientist. 47(7), 879-895.Oliver, S., (2003). The role profiling American hunting lodge racial profiling Atwater v. Cityof Largo Vista the disappearing fourth amendment and its impacts on racial profiling.Journal of Law and affectionate Challenges. 5(1).Parker, K., Macdonald, J., Alpert, G., Smith, M., Piquero , A., (2004). A contextual study ofracial profiling. The American Behavioral Scientist. 47(7), 943-962.Ramirez, D., Hoopes, J., Quinlan, t., (2003). Define racial profiling in a post September 11world. The American Civil Law Review. 40(3), 1195-1233Risse, M., Zeckhauser, R., (2004). Racial profling. Philosophy and Public Affairs. 32(2), 131-170.Smith, M., Alpert G., (2002). Searching for direction courts, social science, in the adjudicationof racial profiling claims. Justice Quarterly. 19(4). 673-703Simmons, K., (2011). Beginning to end racial profiling definitive solutions to an elusiveproblem. Washiington and Lee Journal of Civil Rights and Social Justive. 18(25).