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Racial profiling is the act of suspecting or targeting a person of a certain race based on a stereotype about their race. 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... Under the broader definition, racial profiling occurs whenever police routinely use race as a factor that, along with an accumulation of other factors, causes an officer to react with suspicion and take action."
- 1 In the United States
- 1.1 History
- 1.2 Legality
- 1.3 Support
- 1.4 Criticism
- 1.5 In practice
- 1.6 Islamophobia
- 1.7 Criminal profiling
- 1.8 Law enforcement
- 1.9 Some general examples of racial profiling by police
- 1.10 Racial profiling in practice
- 1.11 Empirical evidence
- 1.12 Public opinion
- 2 In other countries
- 3 See also
- 4 References
- 5 Resources
- 6 External links
In the United States
According to the American Civil Liberties Union (ACLU), "racial profiling" refers to 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. Criminal profiling, generally, as practiced by police, is the reliance on a group of characteristics they believe to be associated with crime. Examples of racial profiling are the use of race to determine which drivers to stop for minor traffic violations (commonly referred to as "driving while black or brown"), or the use of race to determine which pedestrians to search for illegal contraband." Examples of racial profiling on ethnic groups in the U.S. include African Americans – gangs, Chinese Americans – espionage, Hispanic and Latinos – illegal immigration, Arab and Muslims/South Asians – Terrorism, and Jews - conspiracy theories.
The existence of racial profiling dates back to slavery. In 1693, Philadelphia's court officials gave police legal authority to stop and detain any Negro (freed or enslaved) seen wandering in and around on the streets. This discriminatory practice continued through the Jim Crow era and now in the twenty-first century, racial profiling has been alleged to be prevalent across cities in the U.S.
In 1996 the U.S. Supreme Court ruled in U.S. v. Armstrong that disparity in conviction rates is not unconstitutional in the absence of data that "similarly situated" defendants of another race were disparately prosecuted, overturning a 9th Circuit Court ruling that was based on "the presumption that people of all races commit all types of crimes – not with the premise that any type of crime is the exclusive province of any particular racial or ethnic group", waving away challenges based on the Fourth Amendment of the U.S. Constitution which guarantees the right to be safe from search and seizure without a warrant (which is to be issued "upon probable cause"), and the Fourteenth Amendment which requires that all citizens be treated equally under the law. To date there have been no known cases in which any U.S. court dismissed a criminal prosecution because the defendant was targeted based on race. This Supreme Court decision doesn't prohibit government agencies from enacting policies prohibiting it in the field by agents and employees.
In his February 27, 2001 address to a Joint Session of Congress, President George W. Bush declared: "Racial profiling is wrong, and we will end it in America. In so doing, we will not hinder the work of our nation's brave police officers. They protect us every day – often at great risk. But by stopping the abuses of a few, we will add to the public confidence our police officers earn and deserve."
In June 2001 the Bureau of Justice Assistance, a component of the Office of Justice Programs of the United States Department of Justice, awarded a Northeastern research team a grant to create the web-based Racial Profiling Data Collection Resource Center. It now maintains a website designed to be a central clearinghouse for police agencies, legislators, community leaders, social scientists, legal researchers, and journalists to access information about current data collection efforts, legislation and model policies, police-community initiatives, and methodological tools that can be used to collect and analyze racial profiling data. The website contains information on the background of data collection, jurisdictions currently collecting data, community groups, legislation that is pending and enacted in states across the country, and has information on planning and implementing data collection procedures, training officers in to implement these systems, and analyzing and reporting the data and results.
In June 2003 the Department of Justice issued its Guidance Regarding the Use of Race by Federal Law Enforcement Agencies forbidding racial profiling by federal law enforcement officials.
Several U.S. states now have reporting requirements for incidents of racial profiling. Texas, for example requires all agencies to provide annual reports to its Law Enforcement Commission. The requirement began on September 1, 2001, when the State of Texas passed a law to require all law enforcement agencies in the State to begin collecting certain data in connection to traffic or pedestrian stops beginning on January 1, 2002. Based on that data, the law mandated law enforcement agencies to submit a report to the law enforcement agencies' governing body beginning March 1, 2003 and each year thereafter no later than March 1. The law is found in the Texas Code of Criminal Procedure beginning with Article 2.131. Additionally, on January 1, 2011, all law enforcement agencies began submitting annual reports to the Texas State Law Enforcement Officers Standards and Education Commission. The submitted reports can be accessed on the Commission's website for public review.
Arizona SB 1070
In April 2010, Arizona enacted SB 1070, a law that would require law-enforcement officers to verify the citizenship of individuals they stop if they have reasonable suspicion that they may be in the United States illegally. The law states that "Any person who is arrested shall have the person's immigration status determined before the person is released". United States federal law requires that all illegal immigrants who remain in the United States for more than 30 days are to register with the U.S. government and to have all registration documents with them at all time. Arizona made it a misdemeanor crime for an illegal immigrant 14 years of age and older to be found without carrying these documents at all times. This came about because there was an establish trend from persons who fit into this ethnicity.
According to SB 1070, law-enforcement officials may not consider "race, color, or national origin" in the enforcement of the law, except under the circumstances allowed under the United States and Arizona constitutions. In June 2012, the majority of SB 1070 was struck down by the United States Supreme Court, while the provision allowing for an immigration check on detained persons was upheld.
Supporters defend the practice of racial profiling by emphasizing the crime control model. They claim that the practice is both efficient and ideal due to utilizing the laws of probability in order to determine one's criminality. This system focuses on controlling crime with swift judgment, bestowing full discretion on police to handle what they perceive as a threat to society. The use and support of racial profiling has surged in recent years, namely in North America due to heightened tension and awareness following the events of 9/11. As a result, the issue of profiling has created a debate that centers on the values of equality and self-defense. Supporters uphold the stance that sacrifices must be made in order to maintain national safety, even if it warrants differential treatment.
In December 2010, Fernando Mateo, then president of the New York State Federation of Taxi Drivers, made some pro-racial profiling remarks in the case of gun-shot taxi-cab driver: "You know sometimes it's good that we are racially profiled because the God's-honest truth is that 99 percent of the people that are robbing, stealing, killing these drivers are blacks and Hispanics." "Clearly everyone knows I'm not racist. I'm Hispanic and my father is black. ... My father is blacker than Al Sharpton."
Critics of racial profiling argue that the individual rights of a suspect are violated if race is used as a factor in that suspicion. Notably, civil liberties organizations such as the American Civil Liberties Union (ACLU) have labeled racial profiling as a form of discrimination, stating, "Discrimination based on race, ethnicity, religion, nationality or on any other particular identity undermines the basic human rights and freedoms to which every person is entitled."
Conversely, those in opposition of the police tactic employ the teachings of the due process model, arguing that minorities are not granted equal rights and are thus subject to unjust treatment. In addition, some argue that the singling out of individuals based on their ethnicity comes in violation of the Rule of Law, having voided all instance of neutrality. Those in opposition also make note of the role that the news media plays within the conflict. The general public internalizes much of its knowledge from the media, relying on sources to convey information of events that transpire outside of their immediate domain. In conjunction with this power, media outlets are aware of the public's intrigue with controversy and have been known to construct headlines that entail moral panic and negativity.
In 2006, 18 young men from the GTA were charged with conspiring to carry out a series of bombings and beheadings, resulting in a swell of media coverage. Two media narratives stood out with the former claiming that a militant subculture was forming within the Islamic community while the latter attributed the case to a bunch of deviant youth who had too much testosterone brewing. Eventually, it was revealed that government officials had been tracking the group for some time, having supplied the youth with the necessary compounds to create explosives, prompting critics to discern whether the whole situation was a set-up. Throughout the case, many factors were put into question but none more than the Muslim community who faced much scrutiny and vitriol due to the build-up of negative headlines stemming from the media.
Responding to such criticisms are local community[dubious ] groups who seek to collect data, analyze trends and how they might correspond to public perceptions of profiling, and solicit ideas aimed at diminishing cultural and racial biases.[clarification needed]
- In December 2001, an American citizen of Middle Eastern descent named Assem Bayaa cleared all the security checks at Los Angeles airport and attempted to board a flight to New York City. Upon boarding, he was told that he made the passengers uncomfortable by being on board the plane and was asked to leave. Once off the plane, he wasn't searched or questioned any further and the only consolation he was given was a boarding pass for the next flight. He filed a lawsuit on the basis of discrimination against United Airlines. United Airlines filed a counter motion which was dismissed by a district judge on October 11, 2002. In June 2005, the ACLU announced a settlement between Bayaa and United Airlines who still disputed Bayaa's allegations, but noted that the settlement "was in the best interest of all".
- In the case of racial profiling drivers, the ethnic backgrounds of drivers stopped by traffic police in the US suggests the possibility of biased policing against colored drivers. Black drivers felt that they were being pulled over by law enforcement officers simply because of their skin color. However, some argue in favor of the "veil of darkness" hypothesis, which states that police are less likely to know the race of a driver before they make a stop at nighttime as opposed to in the daytime. Referring to the veil of darkness hypothesis, it is suggested that if the race distribution of drivers stopped during the day differs from that of drivers stopped at night, officers are engaging in racial profiling. For example, in one study done by Jeffrey Grogger and Greg Ridgeway, the veil of darkness hypothesis was used to determine whether or not racial profiling in traffic stops occurs in Oakland, California. The conductors found that there was little evidence of racial profiling in traffic stops made in Oakland. Legislation has been proposed with the intent of ending racial profiling in traffic stops. There have been many states that have begun collecting data on the details of the traffic stops in order to monitor racial profiling. Profiling is on an individual basis and it is difficult to pinpoint the cause of arrests or stops since the studies allow officers to change their behavior accordingly. For example, in the court case of City of Los Angeles v. Lyons, Adolf Lyons was stopped by police officers because of a faulty taillight; police officers choked him until he was unconscious. Plaintiffs in the case promoted equality yet it was ultimately dependent on appearance and race. In a recent journal comparing the 1990s to the present, studies have established that when the community criticized police for targeting the black community during traffic stops it received more media coverage and toned down racial profiling. However, whenever there was a significant lack of media coverage or concern with racial profiling, the amount of arrests and traffic stops for the African-American community would significantly rise again.
NYPD Demographics Unit
Between 2003 and 2014, the New York City Police Department (NYPD) operated the Demographics Unit (later renamed Zone Assessment Unit) which mapped communities of 28 "ancestries of interest", including those of Muslims, Arabs, and Albanians. Plain-clothed detectives were sent to public places such as coffee shops, mosques and parks to observe and record the public sentiment, as well as map locations where potential terrorists could "blend in". In its 11 years of operation, however, the unit did not generate any information leading to a criminal charge. A series of publications by the Associated Press during 2011–12 gave rise to public pressure to close the unit, and it was finally disbanded in 2014.
Some believe that inner city residents of Hispanic communities are subjected to racial profiling because of theories such as the "gang suppression model". The "gang suppression model" is believed by some to be the basis for increased policing, the theory being based on the idea that Latinos are violent and out of control and are therefore "in need of suppression". Based on research, the criminalization of a people can lead to abuses of power on behalf of law enforcement.
Research through random sampling in the South Tucson, Arizona area has established that immigration authorities sometimes target the residents of barrios with the use of possibly discriminatory policing based on racial profiling. Author Mary Romero writes that immigration raids are often carried out at places of gathering and cultural expression such as grocery stores based on the fluency of language of a person (e.g. being bilingual especially in Spanish) and skin color of a person. She goes on to state that immigration raids are often conducted with a disregard for due process, and that these raids lead people from these communities to distrust law enforcement.
The September 11, 2001 attacks on the World Trade Center and the Pentagon have led to targeting of some Muslims and Middle Easterners as potential terrorists and, according to some, are targeted by the national government through preventive measures similar to those practiced by local law enforcement. The national government has passed laws, such as the Patriot Act of 2001, to increase surveillance of potential threats to national threat as a result of the events that occurred during 9/11. It is argued that the passage of these laws and provisions by the national government leads to justification of preventative methods, such as racial profiling, that has been controversial for racial profiling and leads to further minority distrust in the national government. One of the techniques used by the FBI to target Muslims was monitoring 100 mosques and business in Washington DC and threatened to deport Muslims who did not agree to serve as informers. The FBI denied to be taking part in blanket profiling and argued that they were trying to build trust within the Muslim community.
The events of 9/11 also led to restrictions in immigration laws. The U.S. government imposed stricter immigration quotas to maintain national security at their national borders. In 2002, men over sixteen years old who entered the country from twenty-five Middle Eastern countries and North Korea were required to be photographed, fingerprinted, interviewed and have their financial information copied, and had to register again before leaving the country under the National Security Entry-Exit Registration System. No charges of terrorism resulted from the program, and it was deactivated in April 2011.
When confronted with accusations of racial profiling the police claim that they do not participate in it. They claim that they use numerous factors (such as race, interactions, and dress) to determine if a person is involved in criminal activity. They further claim that the job of policing is far more imperative than to concerns of minorities or interest groups claiming unfair targeting.
Racial profiling not only occurs on the streets but also in many institutions. Much like the book Famous all over Town where the author Danny Santiago mentions this type of racism throughout the novel. Racial profiling is huge in law enforcement, where this type of behavior can risk the lives of innocent people. In a trusted source it is said "It is argued that, given the assumption that criminals are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favor of racial profiling at all."(Ryberg) It has been stated in a scholarly journal that for over 30 years the use of racial and/or demographic profiling by local authorities and higher level law enforcement's continue to proceed. NYPD Street cops use racial profiling more often, due to the widespread patterns. They first frisk them to check whether they have enough evidence to be even arrested for the relevant crime. "As a practical matter, the stops display a measurable racial disparity: black and Hispanic people generally represent more than 85 percent of those stopped by the police, though their combined populations make up a small share of the city's racial composition."(Baker)
Some general examples of racial profiling by police
A few examples of racial profiling by police may include:
- An African American man standing on a corner waiting for a bus is stopped and questioned regarding why he is standing there and where he is going."
- A Hispanic driver is stopped in a "white" neighborhood because he "doesn't belong there" or "looks out of place."
- Latino residents experienced racial affronts targeted at their race indicated by skin-color, bilingual speaking abilities (or inability to speak or understand English), or shopping in neighborhoods highly populated by Latinos. During immigration inspections, individuals stopped were demeaned, humiliated and embarrassed.
- A group of black teenagers are pulled over because of the kind of car they are driving.
- A white man waiting in a car in a "ghetto" neighborhood is stopped and questioned about buying drugs.
Racial profiling in practice
On September 14, 2001 three days after the September 11th attacks, an Indian American motorist and three family members were pulled over and ticketed by a Maryland state trooper because their car had broken taillights. (Which is a valid ticket) The trooper interrogated the family, questioned them about their nationality, and asked for proof of citizenship. When the motorist said that their passports were at home, the officer allegedly stated, "You are lying. You are Arabs involved in terrorism." He ordered them out of the car, had them put their hands on the hood, and searched the car. When he discovered a knife in a toolbox, the officer handcuffed the driver and later reported that the driver "wore and carried a butcher knife, a dangerous, deadly weapon, concealed upon and about his person." The driver was detained for several hours but eventually released.
Statistical data demonstrates, that although policing practices and policies vary widely across the United States, a large disparity between racial groups in regards to traffic stops and searches exists. However, whether this is due to racial profiling or the fact that different races are involved in crime in different rates, is still highly debated. Based on academic search, various studies have been conducted regarding the existence of racial profiling in traffic and pedestrian stops. For motor vehicle searches academic research showed that the probability of a successful search is very similar across races. This suggests that police officers are not motivated by racial preferences but by the desire to maximize the probability of a successful search. Similar evidence has been found for pedestrian stops, with identical ratios of stops to arrests for different races. The studies have been published in various Academic Journals aimed towards Academic professionals as well practitioners such as law enforcers. Some of these journals include, Police Quarterly and the Journal of Contemporary Criminal Justice, so that both sides of the argument are present and evaluated. Of those gathered the most noted study refuting racial profiling was the conducted using the veil of darkness hypothesis stating that it will be difficult, if not impossible, for officers to discern race in the twilight hours. The results of this study concluded that the ratio of different races stopped by New York cops is about the same for all races tested.
Some of the most referenced organizations, who offer evidence on the existence of racial profiling, are The American Civil Liberties Union, which conducted studies in various major U.S. cities, and RAND. In a study conducted in Cincinnati, Ohio, it was concluded that "Blacks were between three and five times more likely to (a) be asked if they were carrying drugs or weapons, (b) be asked to leave the vehicle, (c) be searched, (d) have a passenger searched, and (e) have the vehicle physically searched in a study conducted. This conclusion was based on the analysis of 313, randomly selected, traffic stop police tapes gathered from 2003 to 2004." A 2001 study analyzing data from the Richmond, Virginia Police Department found that African Americans were disproportionately stopped compared to their proportion in the general population, but that they were not searched more often than Whites. The same study found that Whites were more likely than African Americans to be "the subjects of consent searches", and that Whites were more likely to be ticked or arrested than minorities, while minorities were more likely to be warned. A 2002 study found that African Americans were more likely to be watched and stopped by police when driving through white areas, despite the fact that African Americans' "hit rates" were lower in such areas. A 2004 study analyzing traffic stop data from suburban police department found that although minorities were disproportionately stopped, there is only a "very weak" relationship between race and police decisions to stop. Another 2004 study found that young black and Hispanic men were more likely to be issued citations, arrested, and to have force used against them by police, even after controlling for numerous other factors. A 2005 study found that the percent of speeding drivers who were black (as identified by other drivers) on the New Jersey Turnpike was very similar to the percent of people pulled over for speeding who were black. A 2004 study looking at motor vehicle searches in Missouri found that unbiased policing did not explain the racial disparity in such searches. In contrast, a 2006 study examining data from Kansas concluded that its results were "consistent with the notion that police in Wichita choose their search strategies to maximise successful searches," and a 2009 study found that racial disparities in people being searched by the Washington state patrol was "likely not the result of intentional or purposeful discrimination." Another 2009 study found that police in Boston were more likely to search if their race was different from that of the suspect, in contrast to what would be expected if discrimination was occurring (which would be that police search decisions are independent of officer race). A 2013 study found that police were more likely to issue warnings and citations, but not arrests, to young black men. A 2014 study analyzing data from Rhode Island found that blacks were more likely than whites to be frisked and, to a lesser extent, searched while driving; the study concluded that "Biased policing is largely the product of implicit stereotypes that are activated in contexts in which Black drivers appear out of place and in police actions that require quick decisions providing little time to monitor cognitions."
As a response to the shooting of Michael Brown in Ferguson on August 9, 2014, the Department of Justice recruited in September a team of criminal justice researchers to study racial bias in law enforcement in five cities and to subsequently devise strategic recommendations. In its March 2015 report on the Ferguson Police Department, the Department of Justice found that although only 67% of the population of Ferguson was black, 85% of people pulled over by police in Ferguson were black, as were 93 percent of those arrested and 90 percent of those given citations by the police.
Perceptions of race and safety
In a particular study, Higgins, Gabbidon, and Vito studied the relationship between public opinion on racial profiling in conjunction with their viewpoint of race relations and their perceived awareness of safety. It was found that race relations had a statistical correlation with the legitimacy of racial profiling. Specifically, results showed that those who believed that racial profiling was widespread and that racial tension would never be fixed were more likely to be opposed to racial profiling than those who did not believe racial profiling was as widespread or that racial tensions would be fixed eventually. On the other hand, in reference to perception of safety, the research concluded that one's perception of safety had no influence on public opinion of racial profiling. Higgins, Gabbidon, and Vito acknowledge that this may not have been the case immediately after 9/11, but state that any support of racial profiling based on safety was "short-lived".
Influence of religious affiliation
One particular study focused on individuals who self-identified as religiously affiliated and their relationship with racial profiling. By using national survey data from October 2001, researcher Phillip H. Kim studied which individuals were more likely to support racial profiling. The research concludes that individuals that identified themselves as either Jewish, Catholic, or Protestant showed higher statistical numbers that illustrated support for racial profiling in comparison to individuals who identified themselves as non-religious.
The context of terrorism and crime
After the September 11, 2001 terrorist attacks on the United States, according to Johnson, a new debate concerning the appropriateness of racial profiling in the context of terrorism took place. According to Johnson, prior to the September 11, 2001 attacks the debate on racial profiling within the public targeted primarily African-Americans and Latino Americans with enforced policing on crime and drugs. The attacks on the World Trade Center and the Pentagon changed the focus of the racial profiling debate from street crime to terrorism. According to a June 4–5, 2002 FOX News/Opinion Dynamics Poll, 54% of Americans approved of using "racial profiling to screen Arab male airline passengers." A 2002 survey by Public Agenda tracked the attitudes toward the racial profiling of Blacks and people of Middle Eastern descent. In this survey, 52% of Americans said there was "no excuse" for law enforcement to look at African Americans with greater suspicion and scrutiny because they believe they are more likely to commit crimes, but only 21% said there was "no excuse" for extra scrutiny of Middle Eastern people.
However, using data from an internet survey based experiment performed in 2006 on a random sample of 574 adult university students, a study was conducted that examined public approval for the use of racial profiling to prevent crime and terrorism. It was found that approximately one third of students approved the use of racial profiling in general. Furthermore, it was found that students were equally likely to approve of the use of racial profiling to prevent crime as to prevent terrorism-33% and 35.8% respectively. The survey also asked respondents whether they would approve of racial profiling across different investigative contexts. It was found that 23.8% of people approved of law enforcement using racial profiling as a means to stop and question someone in a terrorism context while 29.9% of people approved of racial profiling in a crime context for the same situation. It was found that 25.3% of people approved of law enforcement using racial profiling as a means to search someone's bags or packages in a terrorism context while 33.5% of people approved of racial profiling in a crime context for the same situation. It was also found that 16.3% of people approved of law enforcement wire tapping a person's phone based upon racial profiling in the context of terrorism while 21.4% of people approved of racial profiling in a crime context for the same situation. It was also found that 14.6% of people approved of law enforcement searching someone's home based upon racial profiling in a terrorism context while 18.2% of people approved of racial profiling in a crime context for the same situation.
The study also found that white students were more likely to approve of racial profiling to prevent terrorism than nonwhite students. However, it was found that white students and nonwhite students held the same views about racial profiling in the context of crime. It was also found that foreign born students were less likely to approve of racial profiling to prevent terrorism than non-foreign born students while both groups shared similar views on racial profiling in the context of crime.
In other countries
Accusations of racial profiling of visible minorities who accuse police of targeting them due to their ethnic background is a growing concern in Canada. In 2005, the Kingston Police released the first study ever in Canada which pertains to racial profiling. The study focused on in the city of Kingston, a small city where most of the inhabitants are white. The study showed that black skinned people were 3.7 times more likely to be pulled over by police than white skinned people, while Asian people were less likely to be pulled over than whites or blacks. Several police organizations condemned this study and suggested more studies like this would make them hesitant to pull over visible minorities.
Canadian Aboriginals are more likely to be charged with crimes, particularly on reserves. The Canadian crime victimization survey does not collect data on the ethnic origin of perpetrators, so comparisons between incidence of victimizations and incidence of charging are impossible. Although aboriginal persons make up 3.6% of Canada's population, they account for 20% of Canada's prison population. This may show how racial profiling increases effectiveness of police, or be a result of racial profiling, as they are watched more intensely than others.
In February 2010, an investigation of the Toronto Star daily newspaper found that black people across Toronto were three times more likely to be stopped and documented by police than white people. To a lesser extent, the same seemed true for people described by police as having "brown" skin (South Asians, Arabs and Latinos) . This was the result of an analysis of 1.7 million contact cards filled out by Toronto Police officers in the period 2003 - 2008.
The Ontario Human Rights Commission states that "police services have acknowledged that racial profiling does occur and have taken [and are taking] measures to address [the issue], including upgrading training for officers, identifying officers at risk of engaging in racial profiling, and improving community relations" (Griffiths, 2008, p. 311). Ottawa Police addressed this issue and planned on implementing a new policy regarding officer racially profiling persons, "the policy explicitly forbids officers from investigating or detaining anyone based on their race and will force officers to go through training on racial profiling" (CTV News, 2011). This policy was implemented after the 2008 incident where an African-Canadian woman was strip searched by members of the Ottawa police. There is a video showing the strip search where one witnesses the black woman being held to the ground and the having her bra and shirt cut ripped/cut off by a member of the Ottawa Police Force which was released to the viewing of the public in 2010 (CTV News, 2011).
As of February 2012 there has been a first court ruling concerning racial profiling in German police policy. It had at first been declared legal for police to make skin color and "non-German ethnic origin" criteria for the selection of persons who will be asked for identification in spot-checks for illegal immigrants. However, in subsequence to the ruling it was decided legal for a subject of such a spot-check to compare such policy to that of the SS in public. A higher court later declared the earlier decision to be void and the racial profiling to have been unlawful and in violation of anti-discrimination provisions in Art. 3 Basic Law and the General Equal Treatment Act of 2006.
In 1972, terrorists from the Japanese Red Army launched an attack that led to the deaths of at least 24 people at Ben Gurion Airport. Since then, security at the airport has relied on a number of fundamentals, including a heavy focus on what Raphael Ron, former director of security at Ben Gurion, terms the "human factor", which he generalized as "the inescapable fact that terrorist attacks are carried out by people who can be found and stopped by an effective security methodology." As part of its focus on this so-called "human factor," Israeli security officers interrogate travelers using racial profiling, singling out those who appear to be Arab based on name or physical appearance. Additionally, all passengers, including those who do not appear to be of Arab descent, are questioned as to why they are traveling to Israel, followed by several general questions about the trip in order to search for inconsistencies. Although numerous civil rights groups[which?] have demanded an end to the profiling, the Israeli government maintains that it is both effective and unavoidable. According to Ariel Merari, an Israeli terrorism expert, "it would be foolish not to use profiling when everyone knows that most terrorists come from certain ethnic groups. They are likely to be Muslim and young, and the potential threat justifies inconveniencing a certain ethnic group."
Mexico has been criticized for its immigration policy. Chris Hawley of USA Today stated that "Mexico has a law that is no different from Arizona's", referring to legislation which gives local police forces the power to check documents of people suspected of being in the country illegally. Immigration and human rights activists have also noted that Mexican authorities frequently engage in racial profiling, harassment, and shakedowns against migrants from Central America.
Racial profiling by police forces in Spain is thought to be a common practice.
In 2011, The United Nations Committee on the Elimination of Racial Discrimination (CERD) urged the Spanish government to take "effective measures" to ethnic profiling, including the modification of existing laws and regulations which permit its practice.
In 2014, the Spanish government approved a law which prohibited racial profiling by police forces. However, several NGO's claim identity checks which are carried out on grounds of skin color and ethnicity are still widely practiced despite the ban.
- Affirmative action
- Institutional racism
- Contempt of cop
- Driving While Black
- Police misconduct
- Race and crime in the United States
- Arrest of Henry Louis Gates
- Edward C. Lawson
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- An Investigation by the Joint Legislative Task Force on Government Oversight into Racial Profiling Practices by the California Highway Patrol as part of a program known as Operation Pipeline
- Bureau of Justice Criminal Offender Statistics
- Rational Profiling in America's Airports (Law Review Article)
- CBC backgrounder on racial profiling in Canada.
- "Ethnic Profiling: A Rational and Moral Framework", by Robert A. Levy (Cato Institute, October 2, 2001)
- "Racial Profiling in an Age of Terrorism", By Peter Siggins (Markkula Center for Applied Ethics, March 12, 2002)