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Racial Profiling 2
Table of Contents
CHAPTER I ................................................................................................................ 3
Introduction ................................................................................................................ 3
CHAPTER II ............................................................................................................... 7
Literature Review ....................................................................................................... 7
Historical Perspectives on Racial Profiling .............................................................. 8
Racial Profiling and White Privilege ...................................................................... 10
Police Discretion and Justice ................................................................................ 11
Control Mechanisms ............................................................................................. 13
Factors affecting the view of racial discrimination in the criminal justice............... 15
Racial differences.............................................................................................. 15
Lack of understanding of how racism affects criminal justice ............................ 15
Race perception ................................................................................................ 16
Theories................................................................................................................ 16
Ethics theory in the dispensation of justice ....................................................... 16
Social Learning and Rational Choice Theory .................................................... 18
Critical Race Theory.......................................................................................... 19
CHAPTER III ............................................................................................................ 20
Discussion ................................................................................................................ 20
Findings.................................................................................................................... 20
CHAPTER IV ............................................................................................................ 22
Conclusions.............................................................................................................. 22
Recommendations ................................................................................................... 22
References ............................................................................................................... 24
Racial Profiling 3
CHAPTER I
Introduction
Racial profiling is a term that is used to define an instance where there arises
categorization of a person based on the background and ethnicity with the sole intent
of institutionally discriminating him or her. The United States has been marred by
tarnishing claims and a history of a society that delights itself in treatment of people
based on race. The main reason that has been attached to these cases of racial
profiling is the eventuality that the individuals from these minority groups are more
prone to committing crimes and offences than those from other groups. According to
statistics drawn from the traffic stops conducted by the traffic police, 13% were
whites while a huge 73.2% were blacks. This report does not, however, claim that
most blacks were more prone to committing a traffic offense or a criminal act. The
same results and racial profiling was also echoed in different states after the studies
were conducted including in Maryland. These statistics arose inquiries into what may
be the cause and what can be done to avert the same. Legislators made policies
which then required police departments to collect data and ultimately use the same
to determine racial profiling using these publicly available resources. Those who
were mandated to act on the directive sought to analyze the likelihood events on
police searches based on race and if searches were really conducted. The results
informed on great disparities with Illinois bearing the largest proportions of blacks to
Racial profiling is a field in criminal justice that has caused a stir and a string
of troubling national problems in the United States. Racial discrimination both at the
societal levels and law enforcement has targeted individuals mostly from the
immigrant communities and towns associated with them. Although there have been
Racial Profiling 4
claims that the US is at the stage where it doesn't racially profile individuals, the
(ACLU, 2018). Criminal activities have been largely related to African Americans and
thereby creating a pattern where they are segregated against in the quest for justice.
Law enforcers especially traffic police have been identified as the major individuals
committing acts of racial profiling among the statistics pooled on traffic stops
It is a fact that discrimination based on race and ethnicity fails to fulfil the
morally accepted standards that should define a society. Racial discrimination and
ethnic discrimination violates the morally accepted basis of equality and should not,
in any manner whatsoever, be a reason for racial profiling. A race is a term that
are three main aspects towards which a person can be racially abused or
lead to institutional policies and practices that eventually lead to racial discrimination.
The justice system harbors institutional racism instanced clearly by the racial
disparities in incarceration rates. The whole of the justice system is a process that is
full of racial inequalities evidenced at each level of the dispensation of justice and
law enforcement. A research published in Racism and the Criminal Justice System
points out to a fact that Blacks and Latinos are likely to be at the receiving end of
institutional racism seven times more than the white men when they are
incarcerated. The report gives a clear view by using an instance in which African
Racial Profiling 5
Americans are likely to be pulled over when driving creating a phenomenon largely
A major reason that still afflicts the justice system and criminal justice is the
fact that law enforcement procedures ascribe to instances of profiling based on race
when it comes to describing an individual who has committed a crime. This research
paper seeks to establish different areas of criminal justice and its relations when it
comes to racial profiling. Various studies have been conducted around the field of
racial discrimination and it is the complexity that has been attached to determining
exactly what entails racial profiling and what fuels its existence. Most scholars have
developed series of research focused on this area and while some have portrayed
the truth about profiling, some have failed to. The difficulty in accessing this situation
often arise due to the manner in which data is collected and responses taken. For
group will likely obtain results that are biased and favourable to the minority
community. Various topics that will be handled throughout the research paper
Americans and discriminates against them in the manner in which the same
structures handles the affairs related to these minority communities. The paper
continues to analyze the impacts of racial profiling in access to justice and the
Racial Profiling 6
theoretical framework in this paper sketches the influence in which this factor has in
the society and is aided by various theories explaining the major phenomenon in
society. The results and the findings from this paper have been reached by the use
CHAPTER II
Literature Review
Racial segregation and profiling are only talked about mutedly and society are
getting accustomed to the idea that it is the norm. Historically, African Americans
once faced slavery under the whites and an extended instance of discrimination puts
into practice a new era of slavery in terms to access to fair treatment and access to
justice. Although civil rights and liberties have been put up, equality still lacks as the
nation is still divided along the ethnic lines and religious divide.
1998). Law enforcement officers have been reported to humiliate and conduct
interrogations and unwarranted searches all geared towards the African Americans
without a view of them conducting any crime. According to the US constitution, it has
the core principles that build up the constitution. This unwarranted acts by the
criminal and law enforcement organs cause the people and the society to lose hope
on them and thereby causing a breakdown in the criminal and justice execution.
The controversy that has then surrounded the matter on racial profiling has
affected the lives of individuals nationwide. Some of the areas in which racial
profiling has been applied include traffic stops, transport systems, border crossing
and access to community services. These events and associated profiling have been
trafficking. Some of this acts including terrorism and immigration has informed on the
Racial Profiling 8
States from other countries has elicited a lot of debate and has therefore led to the
development of policies and reforms to curb further entry. Most policies that have
since been developed have been on the basis of national security and economic
aspects of the nation. Individuals who have been charged with the mandate of
ensuring this are tasked with using value-based judgments to create a probable
1983). The issues surrounding immigration have been indicated as a complex matter
and the debate traced back to the earlier development of the thirteen colonies and
Aside from the many policies and reforms that have been identified and
developed, questions have been raised in the manner in which there has been an
indicate that more victims of brutality and murders are five times more among the
blacks when compared with the whites. The extent of the issue has caused a
resounding uproar among the people in the society as individuals protest the idea of
racial discrimination.
A large part of the 20th century has proven instances in which the mode of
crime and punishment has symbolized events of racial division in the US. The
ancient forms before the advent of the penal systems included severe measures to
punish a crime which included lynching and public executions. The introduction of
Racial Profiling 9
penal systems and structures to punish and monitor crime provided a chance for
case hearings with the jurors and prosecutions of crime committed. During these
times where the justice system was evolving around the twentieth century, most
African Americans were faced with the difficulty of their cases only handled by white
judges and jurors. The courtrooms hooded less and in most instances enforcers who
were black and thereby providing a reason for bias when it came to penalizing one
on a crime committed.
In the 20th century, Africans Americans who only represented less than 15%
of the US population had a high proportion of slightly above 30% of those who had
been incarcerated of their crimes in the penal setups. The laws that were geared
the harshest penalty to the African Americans on crimes committed towards the
whites. Fair trial and execution of justice, in this case, did not favor the blacks as the
same situation involving the crimes committed towards the blacks did not
encompass the same harsh sentencing. Law enforcers especially the police were
executing acts of violence pointing towards the blacks in instances where they were
The participation of the police in riots based on race has developed an idea
where the society has turned to violence and a hostile perception towards the less
privileged in the society in this case, the minority communities. The justice system
has however tried to overturn these events and bring in an overhaul in the justice
system to protect the rights of the minority. The US Supreme Court developed laws
and policies that ensure that those brought to book and under the hearing of a jury
Racial Profiling 10
have not been denied bail or handed harsh sentencing as experienced in the 20 th
century.
The fight for fair and credible justice is given a first-hand priority in these
protests by the African Americans as they often fall victims of the negative
consequences of the police brutality. On the other side, white people have continued
to reap from the benefits of the color and being born from a white background. The
whites have reaped from the advantages of a state that has majorly been referred to
by DuBois, American sociologist, like white privilege. The fact that they arise or born
into this background gives them an upper hand over the African Americans and can
easily be favored by a criminal justice system. Racial profiling and white privilege are
both sociological concepts that have informed on the way of life that impact the
society in a much negative way. The manner in which importance is attached to the
background and skin color of an individual bore with it circumstances that grants
The United States is full of experiences which led to the racial segregation of
the Blacks. Noting that being white is a race, it is less talked of and only associated
racially in faded criteria. The moment one is able to mention anything about race,
Black is often associated with it. Whiteness essentially has been taken as a way of
life and this proves in at length the privileges benefited from for being white. Crime
situation and criminal justice are less associated with whiteness and whenever a
white criminal is judged, punishment is less harsh. A case study on the same is on
suggesting that he be given a full six-year sentence. The judge overrules this
decision and handed down a six-month county jail term on the basis that the six-year
Racial Profiling 11
sentence was severe. The kind of sympathy the judge had on the student details the
privilege which the whites possess in most areas of their life and especially in
criminal justice.
Discretion is a term that is used in the sense that the police possess some
controlling some aspects of the population. This helps ensures that the police
provide the best services to the citizens and therefore has become an essential tool
solely with the judgment provided by the one using the tool thereby opening it up to
the often misuse of this key tool by law enforcers. In modern days, discretion is a
critical tool in developing a well-functioning policing endeavor but often its scope and
limits are well not defined thus causing ambiguity (Bronitt & Stenning, 2011).
The question of humanity and the concept of fair justice systems have been
flawed by the way and events in which those who have sworn to protect the people
are at the helm of the killings and murder aimed towards the people. Law
enforcement, therefore, falls into the spot of making bias decisions and acts when it
operates in a way where they develop a notion preconception that those from the
black community are prone to crime. As addressed earlier, the kind of hearing and
sentences handed in a sentence far much differs than the one handed down to the
whites evidenced by the consideration given to the white college student convicted of
sexual abuse.
play and speculations that people of color are criminals. This then creates two
Racial Profiling 12
categories of individuals; the privileged and the less fortunate where the categories
represent the whites and the blacks respectively. In a working justice system. Those
who have been suspected of committing a crime are required to be brought to book
then given a chance in front of a judge and a fair and impartial jury. This has
however not taken place as required since most of the blacks have fallen victims of
shootings on the spot. The extent of perception that this creates among the racially
discriminated is far-reaching and creates a mindset of guilt where the individuals feel
threatened. The decision to take a life, convict or sentence an individual should in all
There is a dire need of a criminal justice system that places great importance
towards the application of best law practices in law enforcement for equality and fair
treatment. This ensures professionalism and consideration of the court systems that
are entitled to serving humanity and protecting the society. The events surrounding
the twenty-first century has continued to show disparities experienced in the justice
these groups is underrated while they become the large targeted groups when it
comes to crimes that have been committed. These communities are under-policed
and are often suspected as the would-be perpetrators of crimes in the society. A
research study conducted in Canada presents a scenario where black people were
harshly treated in comparison to white people in an event of law being broken. The
African Americans are more likely to be taken into custody once suspected of a
crime as they await charges labeled against them and eventually sentencing.
Racial Profiling 13
The lack of trust and confidence that the Latinos and the African Americans
can do something good in the society weighs down on the perception of these
communities. They then create ten decides in which they enter into troubles with the
discrimination. The lack of mistrust between these two groups, the racially
system as the discriminated will lose faith in the effectiveness of the justice system
Before the 1950's, discretion was viewed and practiced virtually non-
extensively. This is because of the perception that the act was illegal and warranted
no justice and fairness. The cases prosecuted by prosecutors in those times failed to
reach the justice threshold as they only relied on the citations made by police officers
hence causing a rise of inflexible sentences. Police officers were only just allowed to
operate by the defines of the law that the legal system provided and in no
circumstances were they supposed to develop criteria of control even though it was
helpful to the community or the mass. Coupled with a corrupt legal system and
Control Mechanisms
The use of discretion over the times have informed a great need for the tool
correct, legal and proper use of discretion in the police force, it requires certain
personal judgment and opinions in the dispensation of the act (Kelling, 1999). These
Racial Profiling 14
checks and balances, acknowledging that discretion is helpful, requires both internal
and external controls and legal instruments to prevent its abuse. These measures
also help protect the citizens and their right to service and freedom. They should not
Internal control mechanisms involve all those practices which are within the
police force. The police administration can effectively develop guidelines in which the
law enforcers can use discretion. They can also create policies that can help
regulate and establish misconducts in the use of the tool. These policies are
essential in providing direction and ultimately make the use of discretion seamlessly
an advantage. The police officers also need to be trained and furnished with enough
internal controls can be handled in terms of departments for easy monitoring and
legislation.
The external controls are those that are compounded by the legislation and
the community in which the law enforcers provide service. Monitoring can be done
by way of creation of community guidelines and even updating on existing laws that
are essential in monitoring the situation involving discretion and the use of it. The
community plays a vital role in law enforcement and thereby it is of great importance
to involve the community in policy guidelines. This will in a sense provide the
community with an upper hand in keeping a check of how the tool is used and
imposed on them.
The misuse of power and discretion that is left at the dispense of the police
officers is an essential part and a stepping stone in ensuring that justice has been
served to all individuals in the community in which the police officers have authority
Racial Profiling 15
over. The essence of policies that are then developed will go a long way in guiding
the application of discretion in various events in the society and the community at
principle rests with proper governing laws and practices to avert major events that
Racial differences
can effectively be termed biological. The race has been acknowledged reservedly as
a psychological perception that hinders the way the society thinks and fixes its
systems. The creation of social categories and ranks affects the view of racial and
ethnic relations. All these relations involves the white and the blacks, the whites and
The fact that the society has not been put in a situation where it is able to
determine and genuinely talk about racial and ethnic differences in the society
affects entirely the honest and open view of race and racism in a societal context.
misunderstanding and racist behaviors desires a platform where these ideas can
effectively be related with and understood in the field of criminal justice and social
essential in making decisions based on the social phenomenon that has been met
on the minority groups. This is presented in the case studies involving galvanization
of the media and the beating up of Rodney King by the police. These instances detail
Race perception
The society has been confined to understand the basic aspects of racism and
to fight for the rights that they are entitled to in a justice system and cannot reliably
agree to a white person fighting for them. The misplaced ideology involving the
people of color fighting for themselves leads to nothing less than more racial
Theories
Ethics theory is a set of rules that establishes a firm founding on the moral
is viewed as right and ultimately what is not right. Individual behaviors and
perspectives are also key in developing an insight and building a proving system. It
is then paramount to connect these two ideologies and develop a common ground of
judgment.
Ethics and theory play an important role in the dispensation and enforcement
of the law. Utilitarianism is a normative ethical system that keeps a check on how the
that if an act is done on grounds that may not be deemed as good but the outcome
becomes good, then the act is termed as good. Utilitarianism is based on the basis
of morality that affects the community and involves an individual who is a law
enforcer where he depicts his situation as correct and gauges his situation as
morally founded. The ideology that is identified with utilitarianism is focused on the
person informed on his actions benefitting them or harming them together with the
in ethics development as it informs on the personal view of what is right and what is
end in itself. The problem that arises with utilitarianism is that the community may be
put in a position that will term the actions that arise from utilitarianism action as
consider what comes after and what builds as consequences but solely relies on the
personal duty to judge an event and act on the requisite action. Deontology gives
into full view a better and an informed way of addressing a situation and outcome
and categorizing it on its ability to be a moral point of focus. The officer decides not
to arrest the driver but gives the person a ride home. After the officer leaves, that
same individual gets into another car and drives away and get into a crash.
Regardless of the crash, the officer believes he did the right thing.
When you look at values and ethics, they both play a part in an individual
person. In people, ethics is not the same for each because ethics are based on
different things, such as religious beliefs, personal beliefs, and other views. In recent
years there has been an extreme push for officers to be ethical but the problem with
this, there is no standard definition of ethics. When people look at what ethics are,
they look at what society believes is right or wrong. As seen over the years, when
one officer does something wrong or criminal, it affects all police officers and effects
the relationship between society and law enforcement, which in the end effects the
The disparate treatment of blacks over white men has far many negative
consequences than the positive ones as could be seen through the cases involving
Michael Brown, Walter Scott and others. In tandem with this, it is important to note
and managerial policies to curb the same, there still are tendencies in which the
blacks are being racially profiled (Phillips & Bowling, 2007). Far fetching
consequences which may include strikes and protests are surely going to be
Social learning theory is one of the theories that try to explain why individuals
become racist and discriminate against other individuals. This theory is also
learning theory is effective in the manner that it is able to analyze the mediating
processes that occur between stimuli and responses and also the behavior as a
consequence of learning the way of life from the environment through observation.
As one grows up, he or she observes what happens in the immediate environment
and tries to emulate it and fit into it so as not to be left out. Children in this manner
fall prey to developing behaviors from the kind of environment in which they are
The whites are able to capitalize on the privilege they have in the society at
the dispensation of justice for all. The historical chain reactions and the idea that
they have an upper hand in the matters pertaining race and criminal justice leads
them to view the minority community as a lesser people and thereby connect them
The theoretical framework that supports the idea behind critical race theory is
based on racial profiling evidenced in all works of life in the US. Racial profiling is not
just concerned in the way people treat each other but rather present in the daily life
culture in the US has at large led to the growth of the discriminatory culture feeding
the people and even justice systems with the tradition of categorizing people based
on race.
country with a bid to the understanding the importance of race, attachment of race to
social justice and addressing societal beliefs. The theory is likely able to depict the
society much more than other theories as it incorporates the core principles of
society with criminal justice and law enforcement (Delgado & Stefancic, 2007).
Racial Profiling 20
CHAPTER III
Discussion
The purpose of the study was to investigate the challenges that African
Americans face under the judicial systems and the discrimination that they face in
the society and the country. Law enforcement officers have subjected individuals in
the minority communities into untold suffering from the policing systems that they
apply. The rate of incarceration and sentencing that has been handed over to the
The society depicted by the US is one that has made the African Americans
and the minority communities feel like they are the criminals in various cases. The
encounters between the police and the African Americans exposes a truth where the
crime even before they conduct investigations. The unwarranted searches and the
traffic stops which statistically points to a proportion of more blacks than whites
Findings
The fact that the African Americans have been racially profiled induces fear
and a feeling that they are not protected by the people who swore to protect them.
The extrajudicial killings by the police are an avenue that will most likely develop a
negative mindset among the minority communities. Some of the case studies
analyzed also prove a point that the police and law enforcers conduct their
The justice system, especially the court systems, have been seen as the
major platforms aiding racial profiling. The sentences that they hand down to the
convicted criminals differ in intensity between people of color and the whites even if
both parties have been convicted of the same crime. These instances have created
a mistrust in the court system and the justice system which has been largely blamed
for being discriminative. The lack of mistrust and confidence forms the large part of
this research paper and informs of the findings together with the main theme of the
research paper.
Racial Profiling 22
CHAPTER IV
Conclusions
The research paper informs on the major changes that need to be conducted
in the justice system and law enforcement. A functioning justice system that is free
from segregation and discrimination is essentially preceded with best practices in law
enforcement. The study graphs a pattern where policing strategies are viewed as
that have been developed to guide the society and ensure that social injustices have
been subdued. It is, however, important to note that the various instances that drive
the establishment of policies are the involvement of the public in the making of
Recommendations
This study, therefore, recommends that the policing strategies and policies
need to develop to guide the use of police discretion and how they operate
especially in instances where they relate to the general public. The media can be
discriminatory towards a group and thereby giving a chance for a closer look and
possible ways to avert future incidences another way is fairness and impartiality in
the justice system where the judges and the jurors conduct hearings that are not
based on the race or background of a convict. This will help raise the confidence in
which the people and the racially profiled individuals have towards the justice
system.
Racial Profiling 23
communities since this entailed most instances only on African Americans. The
findings and the results only apply to a generalized situation of racial profiling among
African Americans. Most literature that has been reviewed and authored may also be
biased and therefore may not clearly point out to a flaw in society. The fact that the
whites also fall prey of racial profiling and abuse has not been factored in the study
and thus the results may not depict the whole systematic pattern of the country.
Racial Profiling 24
References
https://www.aclu.org/issues/racial-justice/race-and-criminal-justice/racial-
profiling
Communication, 12-29.
Delgado, R., & Stefancic, J. (2007). Critical Race Theory and Criminal Justice.
Lamberth, J. (1998, August 16). Driving While Black. Retrieved from Washington
Post: https://www.washingtonpost.com/archive/opinions/1998/08/16/driving-
while-black/23ecdf90-7317-44b5-ac43-4c9d7b874e3d/?noredirect=on
Racial Profiling 25
Phillips, C., & Bowling, B. (2007). Racism in the Criminal Justice System: The Impact