Is Racial Profiling Legal?

Term Paper # 101518

Law
Political Science > Terrorism

This paper explores the unresolved issue of racial profiling in the interests of public safety.

3,570 words () | 17 sources | APA | 2008 United States

Paper Summary:

The paper explores the balancing of the due process and equal protection guarantees contained in the 4th and 14th Amendments to the Constitution. The paper studies the conviction of a small time drug dealer and describes his appeal that he was a victim of racial profiling. The paper uses this to show how the balancing of civil liberties and public safety is a tough question for the courts.

From the Paper:

"Racial profiling is a rallying cry of those that feel they were unjustly stopped by the authorities. It was prevalent during the "War on Drugs" of the 1980's and 1990's, and now it is surfacing in the new conflict of the 21st Century, the "War on Terror". But, the real issues in Criminal Justice are searches, seizures, and admission of evidence to obtain convictions. The attacks of September 11th brought terror to the forefront, but the United States was attacked prior to 9/11, and many other attempts were thwarted. The question is; how to we protect ourselves in a free society? The public is protecting against unreasonable search and seizure by Federal Government by the 4th Amendment and from State and Local governments via the doctrine of "selective incorporation" of the 14th Amendment. (Black 1979)"

Sample of Sources Used:

Henry Campbell Black (1979). Black's Law Dictionary. St. Paul: West Publishing Company
Weinreb, Lloyd L. (2000). Leading Constitutional Cases on Criminal Justice. New York: Foundation Press
Constitution of the United States of America. (n.d.). Retrieved January 23, 2007, from http://www.law.emory.edu/cms/site/index.php?id=3080#7802
UNITED STATES of America v. Robert Rydell WILLIAMS, 431 F.3d 296 (8th Cir. 2005)
UNITED STATES of America v. Robert Richard KING, 351 F.3d 859 (8th Cir. 2003)