Racial Profiling in Law Enforcment: Causes and Efects of Discrimination

RACIAL PROFILING IN LAW ENFORCMENT: CAUSES AND EFECTS OF
DISCRIMINATION
ALI RAJA
“Racism is the Gravest Threat Facing Mankind. Maximum of Hatred for Minimum of Reason.”
Abraham Joshua Herschel
The Cain and Abel saga from the good old Bible is one of the most fascinating pieces of ancient
literature, master piece par excellence. An alluring tale containing all ingredients of an epic
mythology. Love, jealousy, hatred, violence, repent, regret, sacrifice and what not. For centuries
this story was told and retold, over and over again. The story is said to have contained the
essence of human values in it and for that reason it found its place at the core of the three
mighty Abrahamic religions. Whereas there is no doubt regarding the positive aspects of this
marvelous story, a critical examination of the same also reveals a hideous side of it. The part
where Almighty casts upon the antagonist a terrible curse is the part which should worry every
right thinking individual. The curse is the blackening of the skin. Yes, the divinity pronounced its
judgment in the first of its kind criminal trial and the sentence was preposterous. Cain was
informed that alongside concurrent penalties he and his generations would also bear the curse
of the Black Skin which will be a reflection of the impurity present in the heart. This
classification and bigotry was beginning of racial profiling.
Racial profiling according to “Withrow (2006)” is the use of personal characteristics or behavior
patterns to make generalization about a certain ethnic, racial or linguistic group. Racial profiling
has existed as a menace in the human society since early ages and has adversely affected its
social fabric. Societies and communities have long suffered from this hazard and subsequently
bore dire collective consequences. Despite the long history, the subject o Racial Profiling has
not been given adequate attention either by quarters concerned or by the academic circles.
“Russell (2001)” has vehemently argued that this indifference throughout history was not
negligence but intentional disregard. Up until very recently this laxity was prevalent across
board but not today. Today not just academicians but state institutions are trying to dissect this
peril and find a sustainable cure for it. One wonders what broke the spell that had kept
governments and intellectuals far away from this tumor of society. The answer to this lies in
“Sklanskys (2008)” recent research. He finds that the methodological increase in racial profiling
by law enforcement agencies has rung alarm bells in many corridors and thus concentrated
efforts have begun in many capitals.
Law enforcement if broadly defined is the process by which establishment of the writ of the
state is ensured and maintenance of law and order is guaranteed. “Breitel (1960)” while
discussing the art of law enforcement has disturbed it into three main layers, Prevention,
Operation and Deterrence. Prevention being the first of three is the most vital and significant
layer of law enforcement. Members of law enforcement agencies at micro and macro levels
emphasize the most at prevention of crime. Several studies have shown that citizens consider it
their right to be protected from crimes before they are committed “Strutin (2009).” Preemptive
assessment of criminal activities and robust action to intercept the same is what ensures
citizens that the Social Contract between them and the state is intact and functional. Law
Enforcement agencies are thus faced with an uphill task of confronting misdemeanors and
felonies before the stage of commission.
In order to come up to the expectations of the public and perform a proactive role in fight
against crime, members of Law Enforcement Agencies have to develop and evolve tactics and
strategies of unconventional nature. One of these unarticulated strategies is racial profiling.
LEAs in the recent decades have started to attribute stereotypes to personals belonging to
certain ethnic or racial groups. Washington Post has recently described in great detail the
manner in which different ethnic groups are classified and associated with plausible offences.
Violent street crimes and burglaries are often linked to African Americans, drug trade is seen as
a trade mark of Mexicans and terrorism related offences are left for South-Asian. Once an
opinion is formed members of such race are not only viewed with suspicion but are also
frequently subjected to inconveniences.
Public discourse and rights group have prevented LEA officers from ever acknowledging or
defending the practice of racial profiling but several of them advocate the same on the basis of
anonymity. “Gross and Livingston (2002)” while confronting the criticism on this method of law
enforcement argue that empirical data testifies the concerns of LEA officers. It is argued by him
that if members of a certain ethnicity are repeatedly found indulging in the commission of a
certain offence (as is the case), it is but natural for LEA officers to make an assessment that this
community is infected with a certain menace. It is further argued that communities which are
categorized in this regard are the ones which are closely knitted, socially backward and isolated.
Mexican Americans for example according to “Telles and Ortiz (2008)” tend to befriend fellow
Mexicans only and do not engage in larger public life. Level of education in Mexican-American
community is also low as stated by “Garcia (2004)”. LEA officer thus tend to believe that
members of such a community are more likely to be influenced towards criminal practices by
their boon companions. Based on the above observation and assertion LEA racially profile
“Barnes (2005)” while utilizing data from Drug Enforcement Agency, has put forth the
deduction that systematic racial profiling has led to sharp decline in the rate of crimes and the
continuation of this practice is in the larger benefit of the society.
Regardless of the debate surrounding the narrative of racial profiling there is unanimity that
this practice has deep effects in the society. In fact effects of this practice are so hard felt that it
has influenced popular culture. Effects of Racial Profiling can generally be distributed into three
categories. Effects on the operator effects on the operated and effects on the enviorment.
“Rudovsky (2001)” has studied and analyzed Racial Profiling at length and gives a detailed
account of it. Officers who adopt this technique of law enforcement, often themselves do not
realize the effect that it has on their approach towards citizens. The process which begins with
inspection and scrutiny of individuals belonging to a certain race quickly accelerates to frisking
and examination. LEA officers also tend to become rude in their behavior and subject
individuals to an insulting attitude. The phenomenon does not restrict itself to changes in verbal
or physical behavior gradually has devastating effects on the operational skills of the officers.
Officers while dealing with individuals from these

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RACIAL PROFILING IN LAW ENFORCMENT: CAUSES AND EFECTS OF

Abraham Joshua Herschel

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