What Is the Appropriate Use of Race As a Factor in Identifying Criminals?

Racial profiling is a hotly contested topic in matters of border patrol, inner city crime and terrorist activities.

The use of race in identifying both potential and suspected criminals has long been a source of hot debate. Since race, or the perception of race, is one of the most readily apparent identifying factors of an individual, it is often relied upon by police in the search of a suspect. However, when taken a step further, race is used as a means for determining potential criminals, serving as a criterion for law enforcement to conduct stops, searches and other investigative procedures.

Investigations

When credible information concerning a specific suspect is furnished, race can be used in carrying out the investigation.

When dealing with matters of race, traditional law enforcement falls into two categories: Investigations of crimes that have occurred; and routine or spontaneous activity based on the need to uphold the law. In instances where a crime has occurred, and there is trustworthy information relating to that crime, such as an eyewitness account of the location, time frame and physical description of a suspect, the relevance and usefulness of such information is apparent. In other words, when law enforcement officials receive viable information linking a person of a particular race or ethnicity to a crime, it is their duty to act on it.

Routine Law Enforcement

The use of race in carrying out routine or spontaneous law enforcement activities is a controversial subject. Activities such as traffic stops, questions, arrests and searches, prompted solely on the basis of the person's race or ethnicity, are termed racial profiling. The legality of profiling varies depending upon the jurisdiction, with federal law generally prohibiting its use by federal law enforcement officers and state laws varying.

Racial Profiling in an Age of Terrorism

For some, racial profiling is an unfortunate but necessary part of law enforcement.

Racial profiling as an aid in the investigation of potential and alleged terrorist activities has breathed new life into an already controversial topic. Spurred by terrorist acts such as Sept.11 and others throughout the world, some argue that the usefulness of profiling is inescapable, especially when confronted with perpetrators who continually are identified as foreign individuals of Middle Eastern descent.

The Balancing Act

Many in law enforcement argue that while racial profiling is unfortunate, it is both necessary and effective. Since certain socio-economic and demographic factors correlate with higher burdens of crime, it would be both a moral and professional error to ignore these glaring facts. Others argue that the use of racial profiling is racism and a violation of the Constitution and the individual's civil liberties. In short, a circumstance of birth, such as the color of skin, should not lead to an increased likelihood of encountering police.

References

• U.S. Department of Justice Civil Rights Division: Guidance Regarding the Use of Race by Federal Law Enforcement Agencies
• Santa Clara University; Racial Profiling in an Age of Terrorism; Peter Siggins

Resources

• American Civil Liberties Union: Racial Profiling
• Ethnic Majority: Racial Profiling of African, Hispanic (Latino), and Asian Americans
• American Economic Association: Racial Profiling as a Public Policy Question