Running Head: Red, Brown, and Blue 1

Red, Brown, and Blue: Racial Profiling by Law Enforcement

Lauryn Reed

First Colonial High School

Legal Studies Academy

Red, Brown, and Blue 2

Abstract

The topic of this research paper is racial profiling. The history of racial profiling has plagued the

history of America for years. It affects many minorities including African-Americans, Hispanics,

and Asians. Public rationale of this sensitive topic has been proposed in this paper to show a

counter perspective of how some people view racial profiling as hot-spot policing. The cons of

racial profiling have caused psychological effects on its victim and an overrepresentation of

minorities leading to technological misidentifications. Racial profiling not only affects minorities

as a whole, but especially minority youth and minority women causing unfair sentencing and

social inequality. The cases touched on include the Eric Garner case, Chavez vs. Illinois, Carl

Cooper vs. City of Carmel, NAACP vs. City of Carmel, and James E. Beckett vs. City of

Carmel. New Yorks Stop and Frisk policy and The End Racial Profiling Act of 2015 are just

some of the laws that have impacted racial profiling over the past few years. Police and law

enforcement across the country are putting forth an effort to combat this issue, commonly

through community policing.

Red, Brown, and Blue 3

Red, Brown, and Blue

Overview of the History of Racial Profiling

Racial Profiling is defined as the discriminatory practice by law enforcement officials

that targets individuals for suspicion of crimes based on their race, ethnicity, religion, or national

origin ("Racial Profiling"). It has caused many problems for law enforcement agencies and

strains between the police-citizen communities. The usage of law enforcement in the definition

of racial profiling includes any person acting in a policing capacity for public or private

purposes. Examples include security guards at department stores, airport security agents, police

officers, or, more recently, airline pilots who have ordered passengers to disembark from flights,

because the passengers' ethnicity aroused the pilots' suspicions. Part of the racial profiling

controversy is related to the historical tension between the police and minority community and

because of this, the support for police in the minority community is lower than the overall level

of public support ("Racial Profiling", 2013).

By the mid-1990s racial profiling had become one of the most important issues in

American policing. Early on, many police departments denied the accusations of racial profiling,

were not willing to acknowledge that they had a racial profiling problem, and believed this was a

media stunt to make the police look like little more than racist thugs. Now, over 400 police

departments have collected traffic stop data either voluntarily or in response to a certain situation

they have had, and 23 states have passed legislation requiring the collection of traffic stop data or

racial profiling studies. 56% of whites and 77% of blacks believe racial profiling is a well-known

problem to the general public. The AIUSA estimates 32,000,000 victims of racial profiling and
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87,000,000 people are at risk of racial profiling. In many cases racial profiling also affects

Hispanics, and post 9/11 Arabs and Muslims (Brian L. Withrow, 2006).

Racial Profiling is not just traffic stops, but also happens when shopping at the mall,

driving, traveling in airports, going to church, walking, etc. It causes minority parents to counsel

their teenage children on how to respond to a racially motivated traffic stop, shortly after they

learn to start driving. It is a human rights issue including factors related to social psychology,

occupational socialization, and law. Nearly half of the people in prison today are blacks even

though they only represent about 12% of the total population in America. The 60s hosted many

protests of civil injustice and opposition to the Vietnam War. The Kerner Commission tried

determining that the cause of this civil unrest was due to the fact that Our nation is moving

towards two societies, one black, one white-separate and unequal. Racial bigotry has been and

remains a significant pollutant within the administration of criminal justice. Even after the

Supreme Court ruled the separate but equal doctrine was unconstitutional in 1954 and the

passage of the Civil Rights Act of 1964, police still actively participated in laws that facilitated

segregation, such as Jim Crow laws (Brian L. Withrow, 2006).

Thesis

Racial profiling by law enforcement generates an unjust and unfair overrepresentation of

minorities in the justice system further averting the minority community and law enforcement, as

well as causing unlawful searches and seizures, unconstitutional arrests, false suspect

identification, and the murders of innocent persons.

Racial Profiling of Minorities

Hispanics
Red, Brown, and Blue 5

Latinos face a lot of discrimination, stereotyping and are affected the same way

African-Americans are. According to Andriana Hauser (2009), many of the issues Hispanics face

in relation to racial profiling is mainly due to xenophobia and the rising concern of

undocumented immigrants in the United States. Latinos in states like Connecticut, Arizona, and

California have faced much conflict with the police. In specific, Latinos in Maricopa County,

Arizona, have faced racial profiling, unlawful detainment and stalking (Nadra Kareem Nittle,

2016). In one case, deputies pulled over a car with Latino men in it that did not violate any traffic

laws, yet they were pulled over and zip-tied, waiting on the curb for a prolonged period of time

(Nadra Kareem Nittle, 2016). Maricopa County Sheriff Joe Arpaio, who has repeatedly been

found to be unjust in his practices as a law enforcement officer, refused to investigate many

sexual assault cases of Hispanic women. Officers of the LAPD have participated in racially

profiling Hispanics in 2010 through 2012. Border Patrol has had numerous beatings and killings

causing Presente.org to launch a petition pushing for the Justice Department to take action

especially for Anastasio Hernndez-Rojas, who was beat to death by Border Patrol while the

whole thing was caught on video (Nadra Kareem Nittle, 2006).

African-Americans

Although many minorities are targeted by racial profiling, African-Americans, men

especially, have been the primary victim of this practice. It is not just happening in rural, poor,

inner city communities, but all over the country. Racial bias and stereotyping have casted a

shadow over the true identity of these people. A multitude of incidents in the mid-to-late 1990s,

brought the issue of racial profiling to light and coined the term DWB (Driving While Black).

This was due to many motorists who were people of color being stopped by police officers at a
Red, Brown, and Blue 6

disproportionate rate. It was as if driving as a minority was a traffic violation in itself. Racial

profiling has affected the economic and social status of blacks in America. It has caused an

increase in convictions and criminal history leading them to fall into a cycle where they cannot

express their constitutional rights any longer. African-Americans are the most targeted group

affected by racial disparities in America, probably due to the long history of blacks being treated

unjustly throughout American history (Gallup, 1999).

Asians/Middle Eastern

Examples of racial profiling include using race to determine which drivers to stop for

minor traffic violations; another example would be the ongoing targeting of Arabs, Muslims, and

South Asians, after the 9/11 attacks, and giving them detention for minor immigration violations

without them having any relation to the attacks on the World Trade Center or the Pentagon. After

the terrorist attacks of 9/11, profiling became more apparent, especially amongst men who

looked to be Middle Eastern (or Islamic in religion), in comparison to Blacks or Hispanics. This

questioned the morality and ethics of whether or not racial profiling should be used to protect

public safety and under what circumstances it should be practiced (Kleinig and Risse, 2007).

Public Rationale of Profiling

Many police officers believe that stopping certain drivers who are of an ethnic or racial

background is just because those people are more likely to commit a crime. In reference to

Frederick Schauer, Mathias Risse and Richard Zeckhauser (2003-2004) who published defenses

arguing that racial profiling may be an effective strategy for law enforcement. Although their

theory may be controversial, they believe that the opposition people of color have is the feeling

of resentment, the feeling of being hurt, and a growing amount of distrust towards police which
Red, Brown, and Blue 7

does not cause their rebuttable against racial profiling to be unjustifiable. They believed that

racial profiling is a part of pre-existing racism and racial profiling only expresses the harm done,

not contribute to it. Many people believe the harm caused by racial profiling is outweighed by

the benefits. In reply to this, a 2005 issue of Philosophy & Public Affairs, and a 2006 issue of the

Journal of Applied Philosophy, refutes this argument (Kleinig and Risse, 2007).

Hot-Spot Policing

Hot spots policing is a technique that uses strategies focused on small geographic

neighborhoods, usually urban, is where crime is concentrated (Eck, 2005). It has been used to

adopt a variety of strategies to control crime in problem areas, including order maintenance and

drug enforcement crackdowns, increased gun searches and seizures, and zero-tolerance policing

(Braga, 2012). In many instances it has been compared to community policing. The issue with

hot-spot policing is that it is targeting minority communities. In many instances hot-spot policing

has caused controversy in New York City because police were abusing their power by applying

the Stop and Frisk method to many of the suspects. Minorities are subjected to just take the

side effects of this implementation even though it causes an increased appearance of police in

their neighborhoods and minority youth in the neighborhood growing up watching an increasing

police contact in strictly their neighborhoods (Braga, 2012).

Cons of Racial Profiling

Psychological Effects of Racial Profiling on the Victim

Studies have shown that police are quicker to respond when the suspect has a lack of

respect for them. Police are influenced by the race, national origin, and class of juvenile suspects

when deciding to respond formally (arrest or summons) or informally (verbal or written warning)
Red, Brown, and Blue 8

to a case. In many cases racial profiling and discrimination have led to psychological distress like

anxiety, depression, and suicide. The frequency and stressfulness of racial events like racial

profiling tend to have negative and more psychological distress on its minority victims (Andrea

DePretis, 2015). These mental illnesses and issues can lead to further complications as they get

older like distrust, worthlessness, and a broken relationship with people of authority.

Technology and Racial Profiling

Racial profiling has caused an overrepresentation of minorities in the justice system.

With a new technology being used by federal, state and local law enforcement agencies, called

facial recognition technology, it tends to be less accurate on minorities than Caucasians due to

the fact that minorities are arrested at a higher rate because of racial profiling. The system has an

overrepresentation of mugshots of minorities to distinguish from, which makes it harder for the

system to detect a false from the real suspect leading to misidentification. This

overrepresentation is affecting communities of color while creating a biased system and form of

policing ("Coalition Letter to the Department of Justice Civil Rights Division Calling for an

Investigation of the Disparate Impact of Face Recognition on Communities of Color").

The FBI found that this technology was half less likely to correctly identify an

African-American than a Caucasian because of the disproportionate number of photographs.

Biased policing practices including racial profiling, are the main cause for this over exhibition of

minorities in the system. Vendors of this technology do not even check to see if the tests actually

show bias and are correctly identifying people. In a report by the Baltimore Police Department,

they found that there was an overrepresentation because police were arresting

African-Americans at twice the rate than their share state population. The Maricopa County
Red, Brown, and Blue 9

Sheriffs Office also has every Honduran driver's license and booking photo in their system

causing a complete bias to the validity of the identification. This has also been due to many

unconstitutional stops, arrests, and detentions of Hispanics. Overall face recognition technology

has been a biased usage of convicting and identifying suspects ("Coalition Letter to the

Department of Justice Civil Rights Division Calling for an Investigation of the Disparate Impact

of Face Recognition on Communities of Color").

Effects of Racial Profiling

Minorities in Prison

People of color only make up about 30% of the population, but make up 60% of the

prison population. The prison population has outpaced crime and the general population by

700% from 1970 to 2005. There is a clear disproportionate amount of minorities being

incarcerated. For African-Americans 1 in every 15 men and for Hispanics 1 in every 36 men, in

comparison to Caucasian men which is 1 in every 106 man. Besides incarceration, people of

color have a disproportionate amount number of encounters with law enforcement (Kerby,

2012).

Racial profiling continues to be a problem as shown by the disproportionate amount of

people of color (POC) having encounters with the police, 1 in 3 black men can expect to go to

prison in their lifetime. The Department of Justice found that Hispanic and African-American

men are about 3 times more likely to be searched during a traffic stop, African Americans were

twice as likely to be arrested and during encounters with police, they are about four times as

likely to experience the use of force (Kerby, 2012).

Youth Minorities
Red, Brown, and Blue 10

Racial profiling starts at an early age. Currently, there is a rise in the number of minority

youths being incarcerated due to the fact that minority students face more and harsher discipline

in school than their white classmates. Data showed that 96,000 student arrests were made, and

242,000 students were referred in the 2009-2010 school year, and of those students, over 70% of

the students were Hispanic and Black students. This causes for an easier path into the

juvenile-justice system at young ages. African American children have a higher rate of juvenile

incarceration, and if convicted, they will more than likely be sentenced to adult prisons, stripping

them of their youth and transforming them into adults while they are still children. Juvenile black

youth only make up 16% of the youth population, although over 37% of the cases are moved to

criminal court an overwhelming 58% of them were forced to adult prisons (Kerby, 2012).

Female Minorities

The amount of women in prison has increased over 800% in the last thirty years, although

this poses a problem due to the fact that women of color are being overrepresented. African

American and Hispanic women have been targeted by racial bias. Hispanic women are 69%

more likely to be incarcerated than white women while African-American women are three times

as likely (Kerby, 2012).

Unfair Sentencing

When African Americans are convicted, they usually receive longer sentences than their

white offenders. This has been made very clear today in society with the Brock Turner (a white,

male, college swimmer) and Cory Bater (a black, male, college football player) situation where

they were both two college athletes who raped unconscious women, although Cory Bater

received a longer sentence than Brock Turner (King, 2016). According to the United States
Red, Brown, and Blue 11

Sentencing Commission, black offenders receive sentences that are 10% longer than white

offenders (Quigley, 2011). According to the Sentencing Project, African-Americans are 21%

more likely to be sentenced to the mandatory minimum sentence than Caucasians while

Caucasians are 20% more likely to be sentenced to prison (Mauer, 2010).

Social Inequality

Felony disfranchisement mainly restricts people, especially men, of color from voting

due to the bias policing causing them to get these convictions. About 5.3 million Americans have

been denied the right to vote because of voter laws. It denies over 13% of African-American men

the right to vote. The policies have led 11 states to deny over 10% of African-Americans (men

and women) the right to vote. In the workplace minorities face inequity in their wages after

leaving prison. The wages of black men and women are strongly and disproportionately

impacted. Before incarceration, there is little difference in income, but after leaving prison,

wages grow at a 21% slower rate than white ex-convicts. Because many women of color are

skilled in trades such as nursing, child care, and health-care, it is even harder for them to make a

living, especially since most states have banned certain ex-offenders from participating in

domestic healthcare services (Mauer, 2010).

Cases

Eric Garner

Eric Garner was racially profiled by the NYPD when he was selling loosies on the

sidewalk outside of a store. He told police that he was tired of being harassed by them and that

he was not selling the cigarettes. Garner was then arrested by officers, although when officers

tried arresting him he pulled his arms away. The officer then put him in a choke hold and killed
Red, Brown, and Blue 12

him. New York police officers took the situation out of proportion and racially profiled Eric

Garner who was simply standing on the sidewalk. Most people passed him by disregarding

whatever it was he was doing because it appeared that he was doing nothing (Baker, Goodman,

Mueller, 2015).

Chavez vs. Illinois

The question raised is whether Operation Valkyrie troops stop, detain, and search

African-American and Hispanic motorists when the troopers do not do the same in similar

situations to white motorists. The plaintiff alleged numerous violations of their rights and wanted

declaratory and injunctive relief. Chavez, the plaintiff, based his claims upon: the Equal

Protection Clause of the Fourteenth Amendment; the right to travel provided by the Privileges

and Immunities Clauses of Article IV and the Fourteenth Amendment; the Fourth Amendment;

Title VI of the Civil Rights Act of 1964 and the administrative regulations enforcing that Title;

and a variety of related supplemental state law provision (Chavez v. Illinois State Police, 2001).

Carl Cooper vs. Atlanta Police Department

This case is about Carl Cooper who was racially profiled by the Carmel Police

Department. He owns his own plumbing company and was driving through Hamilton County

City, through a predominantly white neighborhood on his way to meet his friend at McDonalds

when he was pulled over. After this, multiple officers drew their weapons at him, although later

they withdrew and released him. Carmel police later stated that it was a case of mistaken identity

caused by an error in the facial recognition. Officer Cash, the officer who pulled over Cooper,

ran his license plates even though he had not committed a traffic violation (Buckley, 2016).
Red, Brown, and Blue 13

The plate came up as a stolen vehicle from Washington with a suspect named Terry

Cooper who was a white male with a different birthdate than Carl Cooper. Chief Tim Green, of

the officers who pulled Cooper over, stood by his officers and explained how the Caramel police

officers receive ethics training and biased based cultural diversity. Chief Tim Green (2016)

stated that the vehicle in question was

listed on the national crime database as stolen. While the officer was trying to verify this

information, the vehicle in question pulled into a fast food parking lot and our officer followed

our protocols for incidents involving stolen vehicles. Our officer was able to discover that the

national crime database was in error while still at the fast food location (Buckley, 2016).

Even though this explanation seems to be a plausible excuse, Caramel has had multiple

racial profiling accusations in the past (Buckley, 2016).

NAACP vs. City of Carmel

During 1997, the Indianapolis chapter of the NAACP brought a lawsuit against Carmel

arguing that Carmel police had practiced stopping cars due to race. This began from a traffic stop

in 1996 where a Caramel officer stopped David Smith, who was an Indiana State Police sergeant,

when he was driving home. The officer claimed he pulled Smith over due to three antennas on

the back of his car, but the lawsuit contended the claim that the officer used that as an excuse for

pulling Smith over because he was black. The lawsuit was settled in 1998. The settlement barred

officers from stopping cars based on race (Buckley, 2016).

James E. Beckett vs. Carmel Police

In August of 2016, Carmel settled a lawsuit ending $7,500 to plaintiff James E. Beckett, a

black man. The incident happened December 2012 when Beckett stated that Caramel police
Red, Brown, and Blue 14

officers and Hamilton County sheriffs deputies came to his home pointing guns and ordering

him to leave his house, and telling him: If you move well blow your head off. Beckett said

they handcuffed him and four other people at his house, three of them also being black, but it

turned out that the officers had the wrong house. This is just another example of how racial

profiling causes an overrepresentation of minorities in the database (Buckley, 2016).

Laws

Stop and Frisk Policy

The city with the highest cited racial profiling instants is New York due to the

practice of the stop and frisk policy. The policy proved that 87% of those 685,724

people stopped and frisked by police were POC, which is disproportionate to the

population, and 9/10 of New Yorkers who were stopped and frisked were innocent.

According to New York Times (2012), Connecticut police officers, stopped and

detained people, particularly immigrants, without reason...sometimes slapping, hitting or

kicking them when they were handcuffed, and once smashing a man's head into a wall.

The stop and frisk policies in New York have led to many unethical occurrences in which

police officers have abused their power and targeted people of color. It has raised

concerns of not only racial profiling, but illegal stops and privacy rights. New York City

police have been stopping hundreds of thousands of New Yorkers have been stopped and

frisked by police with majority of them being black and Latino (The Editorial Board,

2013). Innocent New Yorkers have been subject to over 4 million street searches and

questionings since 2002. The NYPDs own reports revealed that almost 9 out of 10 of the

people who were stopped and frisked were innocent (The Editorial Board, 2013).
Red, Brown, and Blue 15

The End Racial Profiling Act of 2015

This bill, The End Racial Profiling Act of 2015, was created to end any racial profiling by

law enforcement. Under this bill, the US or any individual injured by racial profiling can ask for

injunctive relief, or monetary damages,or they will ask for declaratory reliefs, declares the rights

of the parties without any award being provided. This bill would require both local and state law

enforcement agencies would have to submit data proving that they have acceptable policies and

practices to eliminate racial profiling. Others who oppose the practice of racial profiling believe

that police are just doing their jobs and it just so happens that when police tend to go to areas

with high crime rates, they tend to be areas that are majority minority (The End Racial Profiling

Act, 2015).

Conclusion

Solutions in Policing

Racial disparities, like racial profiling, have stripped many people of color from some of

their most basic rights to receive equality and justice because of an uncontrollable variable, the

color of their skin. Through racial profiling and many other practices of bias policing, there is a

strong overrepresentation and disproportionate amount of minorities in the justice system. These

experiences encountered with authorities sworn to protect people has an inauspicious effect on

the victims psychologically and socially restricting their access to the democratic process. It is a

strange relationship between minorities and law enforcement, but both sides need to work

together to reconcile the issue.

Hot-spot policing causes policing to be in minority neighborhoods. Over the years

neighborhoods developed community policing, although after 9/11 community policing went
Red, Brown, and Blue 16

away and an increase in racial profiling began to erupt. Police use profiling to direct attention to

a particular area or individual in specific, although racial profiling is a negative. Portsmouth

Police Chief Tonya Chapman explains how she engages and speaks to the community and hosts

a monthly walk every month. She also broke down the department into certain sections so police

officers are in the same area all the time and know the neighborhood.

Improving the recruitment in minority areas will advance the community and

relationships between the community and law enforcement. Officers need to reflect the

community they are working in (Police Chief Tonya Chapman, 2016). Law enforcement needs to

be inclusive with more diversity because there tend to be cultural differences between the

citizens and the authorities policing their communities.

Solutions on the State and Federal Level

Fortunately, there have been many people on the state and federal levels that are working

to slow and further prevent the injustices in or judicial systems against minorities. Arne Duncan,

the Secretary of Education, announced a new Schools Discipline Initiative plan which would

provide awareness to school policies and certain practices to prevent the school-to-prison

pipeline. California and Massachusetts were considering passing a law to address the

overwhelming amount of suspensions amongst minority students (2012). In Georgia, multiple

local reforms have proved to work causing a 47% reduction in juvenile-court referrals and a 51%

reduction in juvenile felony rates. These states serve as a precedent of how policy makers are

getting involved to save minority youth from being tossed into the system and giving them a

chance to be productive citizens in society.

Red, Brown, and Blue 17

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Law Lawisamajor Lawispresent Lackinglaw Nolaw

presence

Title,Abstract,Body, Allpresentandcorrect Allpresentneedsto Allpresentneedtofix Missingpieces

fixafewerrors severalerrorsor
Reference somewhatincomplete missingalotof

citations!!

UniformLSAScoringconvention

16=100 12=88 8=76 4=64

15=97 11=85 7=73 Nosubmission=noscore
14=94 10=82 6=70
13=91 9=79 5=67

Please do the following for final: Just scroll through and fix what is marked.