Profiling and Its Legal Implications

Paper Summary:

This paper takes a look at the legal and ethical implications of profiling passengers at airports in the United States. The paper reviews the different opinions of profiling, some saying that it is a necessity due to the current state of world affairs and others believing that it is an infringement of basic civil and constitutional rights.

Outline:
Introduction
Background
Profiling: The Legal and Ethical Pros and Cons
Legal Implications
Conclusion

From the Paper:

"The reaction to profiling prior or the events of 9/11 was essentially condemnatory. The profiler was seen as a discriminator who 'tags' and targets certain groups or ethnic and racial groupings with pre-determined ideas about their qualities and attributes. It is the creation of pre-determined views that creates the problem with profiling. This is the basis of the negative response that has emerged in recent years to the practice of police profiling. Profiling is seen in practice as another form of discrimination, marginalization and prejudice. On the other hand, the authorities claim that profiling is not intended to be prejudicial but is rather a practical and important part of police work and an attempt to reduce crime. It is in essence a tool that allows the police to isolate criminals in a rapid and effective way. The practice of profiling has a contentious and criticism-filled history that persists to the present day."

Sample of Sources Used:

• Bork, R. H. (2003, July/August). Civil Liberties after 9/11. Commentary, 116, 29+. Retrieved February 18, 2006, from Questia database: http://www.questia.com/PM.qst?a=o&d=5001957417
• Clayton M. US plans massive data sweep. Retrieved February 19 from http://www.csmonitor.com/2006/0209/p01s02-uspo.html
• Frederick Schauer (2003) Probabilities and Stereotypes. Cambridge, MA: Belknap: Harvard University Press.
• Gips, M. A. (2004, June). Passenger Screening in No-Fly Zone? Government Efforts to Work the Kinks out of the Latest Passenger Screening Proposal Seem Mired in the Battle between Privacy and Security. Security Management, 48, 62+.
• Glasser, Ira. (2000) American Drug Laws: The New Jim Crow. The 1999 Edward C. Sobota Lecture. Albany Law Review 63:703.

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