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Is Racial Profiling A Non-Issue in An Age of Terrorism?

Ongoing Social & Legal Debate

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A Definition of Racial Profiling

Before we examine the controversy surrounding racial profiling, let’s define it:

    Racial profiling entails consideration of a potential suspect’s race as a factor when deciding whether to initiate an investigation. A suspect "profile" will often contain a variety of other factors.

Racial Profiling & Terrorism

On 9-11, the bubble of security most Americans enjoyed, burst along with the three explosions we collectively witnessed on that fateful day. Subsequent attacks in Spain’s railroad system and in London's transportation system made clear the international scope and reach of a persistent radical Muslim minority and informed Western countries that despite their efforts at vigilance, these killers would not easily be stopped.

Ongoing threats, including the recent ones warning of chemical attacks in NY City’s subways, have resulted in a mad scramble to define new policies and procedures that might enhance law enforcement’s ability to proactively respond to the very real threat of terrorism. The ultimate solution – one that would most effectively strike a balance between the preservation of civil liberties and the need for heightened security across our nation – has been elusive. Increased polarization of perspectives about the role and effectiveness of racial profiling are now, more than ever, at the forefront of discussions regarding new legislation that will ultimately shape and determine law enforcement’s proactive response to terrorism.

Why is Racial Profiling Controversial?

The controversy surrounding racial profiling stems not from its rightful place among a vast arsenal of law enforcement tools, but from past evidence of blatant abuse—the over-reliance on race as a sole indicator of criminal activity/behavior.

Internment of Japanese Americans, after Japan's attack on Pearl Harbor in 1941, stands as a prime example of the abuse of racial profiling. As a result of the Supreme Court ruling in Korematsu v. United States, anyone of Japanese descent and residing on the pacific coast of the United States could be presumed a traitor, and accordingly, placed in prisoner-of-war camps. In hindsight, most Americans agree that such action was extreme, most likely unnecessary, and in violation of constitutional 14th amendment rights.

"Driving While Black," as another example, refers to a common type of racial profiling that has received a significant amount of media attention. It refers to a well-documented phenomenon demonstrating that in some cases, officers have a tendency to stop African-American motorists more often than other groups on the pretext that they have committed a traffic violation – often a minor one – only to investigate the possibility of more serious offenses (such as drug activity). In short, although the minor traffic violation might be the objective foundation for the stop, the motorist’s race would serve as the primary reason for the pullover.

Racial profiling is particularly problematic when it relies on negative stereotypes to guide enforcement behavior. For example, a successful record producer friend of mine drove a Porsche and would regularly be pulled over and questioned about whether or not he was a drug dealer. "How can you, a Black guy, afford a Porsche?" he would be repeatedly asked. Repeated pullovers followed by action based on ignorant assumptions began to breed resentment and anger.

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