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The paper looks at the concept of race as it is perceived by American society and asserts that racial profiling is rooted in this perception of race. The paper discusses court cases on probable cause and profiling and argues that racial profiling is an abuse of the power and trust instilled in law enforcement officers who have an obligation to protect the rights, property and wellbeing of all citizens.
From the Paper:"Before introducing the definition of racial profiling as defined by the ACLU, it is first useful to understand the concept of race as it is perceived by American society. By the year 2005, approximately 40 percent of all prison inmates being held in state and federal penal institutions were black (O'Hear, 2009). Given that blacks are a minority in the United States, representing only 12 percent of the population (O'Hear, 2009), there is a racial disparity in that the remaining 60 percent of the prison population would represent Hispanics, whites, and other racial categories. This would suggest either blacks are more likely to be engaged in criminal activity than other racial groups in the United States, or that blacks, by virtue of their race, are targeted for arrest over other racial groups. Most states and courts hold that is the latter, and, as a result, have banned racial profiling, and the courts enforce the Constitutional rights of individuals based on stop and search laws without having to directly address the issue of racial profiling.
"Racial profiling is rooted in the American perception of race. Alex M. Johnson Jr. (2009) references the one drop of blood rule as the basis in America for determining race. That rule is that if an individual has an appearance of blackness, they are black. If the individual has a black parent, regardless of outward appearance, the individual is black."
Sample of Sources Used:
- ACLU (2009). Racial Profiling Definition (11/23/2005), found online at http://www.aclu.org/racialjustice/racialprofiling/21741res20051123.html, retrieved October 23, 2009.
- Del Carmen, R. (2007). Criminal Procedure: Law and Practice, Thomson Wadsworth.
- Johnson Jr., A. (2009). The re-emergence of race as a biological category: the societal implications - reaffirmation of race, Iowa Law Review 94(5), 1547-1588.
- O'Hear, M. (2009). Rethinking drug courts: restorative justice as a response to racial injustice (Symposium: Drug Laws: Policy and Reform), Stanford Law and Policy Review, 20(2), 463-500.
Cite this Persuasive Essay:
Racial Profiling: An Unacceptable Tool of Law Enforcement (2012, March 27) Retrieved May 31, 2020, from https://www.academon.com/persuasive-essay/racial-profiling-an-unacceptable-tool-of-law-enforcement-150627/
"Racial Profiling: An Unacceptable Tool of Law Enforcement" 27 March 2012. Web. 31 May. 2020. <https://www.academon.com/persuasive-essay/racial-profiling-an-unacceptable-tool-of-law-enforcement-150627/>