Profiling using Genetic and Physical Attributes as a Predictor of Criminal Behaviors
Factors which are genetic or physical in nature such as race, skin color, nationality, stature, build, and sexual orientation are not effective predictors of criminal behavior. A person’s genetic makeup and physical attributes do not alone determine likelihood to commit a crime. The use of profiling based on genetic or physical attributes is not effective. Such profiling is counterproductive and harms the relationship between law enforcement and the community.
The belief that genetic and physical characteristics can predict criminal behavior started to become popular in the 19th century after Charles Darwin published On the Origin of Species in 1859 and Italian Psychologist Cesare Lombroso released findings that correlated certain physical attributes such as skull thickness to criminal behaviors. (Lanier, 1998) According to Siegel, Senna (2005), “Lombroso’s views were discredited in the twentieth century, and biological explanations of crime were abandoned.” Lombroso failed to include a control group in his study. He did not examine the physical attributes of those who have not committed crimes, only those of known criminals.”
In the 1880’s, Police Surgeon Dr. Thomas Bond, performed an autopsy on Mary Kelly, who was one of Jack the Ripper’s victims, was regarded as the world’s first legitimate profiler. He engaged in attempts at interpreting the behaviors of the perpetrator, reconstructing the crime, and developing a set of personality characteristics for law enforcement to investigate. Thus, the first endeavor into legitimate profiling by the use of personality attributes and not by physical attributes.
In the 1890’s the Sherlock Holmes series by Arthur Conan Doyle in the 1890s gave us the consummate detective. It was this character that exposed profiling to the public curiosity.
More recently, in the 20th and 21st century, law enforcement agencies have established or have been accused of using profiling policies based upon factors including race and sexual orientation. These agencies have used crime statistics that show that Black Americans have a larger incarceration rate as an attempt to explain the use of profiling They have also justified profiling of male homosexuals as sexual predators based upon the public misconception of homosexuality.
Racial Profiling and Law Enforcement
The first contact point with criminal justice system is with the law enforcement, and so this is where racial bias can first influence the process. This bias might be demonstrated through racial profiling. The most common example of racial profiling is traffic stops of young, Black men, and it appears to be most commonly employed to stop drug trafficking. It is often an implicit policy, but in some agencies has been prescribed protocol (Harris, 2002).
The inclination by police to use race as a factor in determining probable cause may explain why fully 42 percent of African Americans (compared to 6 percent of European Americans), and 72 percent of African American men aged 18-34, in a national Gallup poll reported having been stopped by police on the basis of skin color. Sixty-nine percent of the African Americans who reported having been stopped on the basis of skin color. (Glaser, 2003)
Profiling of Black-Americans
Racial profiling has had a long history in America. The practice began when slavery was legal. Persons with darker skin were often followed as accused of being escaped slaves. This was especially true of those who did not travel with a Caucasian host.
When slavery was outlawed after the civil war racial tensions began to expand. Freed slaves were not given the same opportunities of employment, and did not have to resources to pay for land. They were forced into ‘sharecropper’ arrangements where they would keep a small percentage of profits from tending land.
In the 1950’s and 1960’s a movement was born for equality spurred by leaders like Martin Luther King, and Malcolm X. Police organizations and even federal government agencies like the FBI kept a close eye on these activities and their supporters. The sentiment in the Southern U.S. states was largely that those involved in the civil rights movements were “troublemakers”. Eventually as the dust settled and the peaceful protests quelled discriminatory practices like segregation were outlawed.
In recent times, the 1991 beating tape of Rodney King brought up must dissent on the part of the Black American community. It was unmistakable and disturbing evidence that some law enforcement organizations were still targeting and even abusing Black Americans.As a result of continued profiling, there has been a large outcry from the Black American community demanding the end of formal and informal racial profiling. The movement has assigned a phrase to describe this profiling, “Driving while Black”, or D.W.B. (Cole, 1999). Racial profiling has now been banned by most states. During the Clinton administration, congress passed a law banning racial profiling by U.S. law enforcement agencies and mandates that law enforcement agencies keep race related statistics on traffic stops. The more conservative congresses since that time have cut funding to the program. (Feagin, 2001)
As an example of continued racial profiling in one community Feagin (2001) states, “For several years, in Florida’s Volusia county, sheriff’s deputies stopped drivers on a major highway searching for drugs. Most of those stopped were black or Latino, although only five percent of the drivers on that highway were black or Latino.”
Profiling of Arab Americans
Since the September 11, 2001 terrorist attacks on the United States another phrase has been made popular by opponents of racial profiling, “Flying while Arab.” This new phrase reflects the belief that persons of Middle Eastern descent are being unfairly targeted, in particular by authorities at U.S. airports.
Harris (2002) believes the September 11 attacks struck a blow in the fight against the use of racial profiling, “September 11 dramatically recast the issue of racial profiling. Suddenly, racial profiling was not a discredited law enforcement tactic that alienated and injured citizens while it did little to combat crime and drugs; instead, it became a vital tool to assure national security, especially in airports.”
The profiling of Arab-American extends before the September 11th Attacks as (Warikoo, 2001) explains: “After the Oklahoma City bombing, the U.S. Congress passed an antiterrorism bill that allowed the government to use secret evidence — evidence that the defendant is unaware of — to detain and deport immigrants suspected of terrorism. The law has been used almost exclusively against Arab and Muslim immigrants, prompting strong objections from local and national civil rights groups.”
The targeting of Arab-Americans has been likened to the targeting and detention of Japanese-Americans during the Second World War. Okihiro (1996) explains, “The acting secretary of war responded to Roosevelt’s inquiry, explaining that the army had established a Service Command, which linked the military with Territorial forces such as the National Guard, police, and other civilian organizations, for the control of the civil population and the prevention of sabotage, of civil disturbances, or of local uprisings of potentially hostile Japanese.” This is a stunning similarity to goals of the Department of Homeland Security that was organized by President Bush in 2001. Granted, the charter of the Department of Homeland Security does not name a particular racial group.
Some Arab-Americans feel like they are being stereotyped by government agencies as radical religious fanatics. They feel that they are being targeted in the same manner that Japanese-Americans were during the Second World War. Since the adoption of the Patriot Act over 5,000 Arab-Americans have been questioned, and over 1,000 Arab-American have been detained. (Akram, 2002)
Profiling of Homosexuals
Homosexual advocacy groups have taken issue of profiling by law enforcement. In the shadow of a recent perceived epidemic of child molestation, some homosexuals believe they have become the unjust targets of profiling. The problem is similar to racial profiling, in that statistics have been used to indicate that same sex child molestation occurs at a near proportionate rate to opposite sex child molestation.
However, Psychologists define a pedophile as a person who is primarily attracted to pre-pubescent children. Pedophiles typically do not develop a sexual orientation towards other adults. (Kort, 2003) This fact makes it pretty clear that homosexuals who have adult relationships with persons of the same sex are not more likely to commit acts of child molestation then that of a heterosexual person. Additionally, very few child molesters would identify or call themselves homosexual.
The Effects of ProfilingThe psychological effects of profiling can be devastating. Profiling perpetuates stereotypes which can damage the self esteem of groups of individuals which are the target of stereotyping. Criminal profiling clearly reinforces those stereotypes which are negative such as that a particular group is more like to commit a crime.
In studies, the effects of stereotypes have been proven to affect the performance of females in math, and the test scores of Black-Americans. (Steele, 1997)
The perception that law enforcement agencies are using profiling can also affect the interaction between to community and law enforcement agencies. A person who believes they are being profiled will be less likely to assist in an investigation out of animosity or fear of prosecution.
ConclusionProfiling using genetic or physical attributes is not effective. The targeting of Japanese in World War II and other examples of this type of profiling proved regrettable. Profiling harms the relationship between the community and law enforcement and perpetuates stereotypes.
The use of profiling on the basis of race, skin color, nationality, stature, build, and sexual orientation is improper. Good profilers use factors such as travel patterns, geographic locations, age, and clothing.
References
Cole, David. (1999, October). The Color of Justice : Courts Are Protecting, Rather Than Helping to End, Racial Profiling by Police. The Nation, 269, 11. Retrieved June 3, 2005, from Questia database.
Siegel, Larry., Senna, Joseph. (2005). Introduction to Criminal Justice. Thomson Wadsworth.
Henry, Stuart., Lanier, Mark. (1998). Essential Criminology. Westview Press.
Feagin, Joe. (2001). Racist America: Roots, Current Realities, and Future Reparations. Routledge.
Harris, David. (2002). Flying While Arab: Lessons from the Racial Profiling Controversy. U.S. Commission on Civil Rights.Kort, Joe. (2003). Untitled. In the Family Magazine. Fall.
Okihiro, Gary. (1996). Whispered Silences: Japanese Americans and World War II. University of Washington Press.Akram, Susan (2002). The Targeting of Arabs and Muslims in America. Arab Studies Quarterly. Association of Arab-American University Graduates and Institute of Arab Studies.
Steele, Claude (1997). Threat in the Air: How Stereotypes Shape Intellectual Identity and Performance. American Psychologist. Volume 52. Issue 6.
Warikoo, Niraj (2001). Detroit Free Press.
Glaser, Jack (2003). The Efficacy and Effect of Racial Profiling: A Mathematical Modeling Approach. Goldman School of Public Policy, University of California Press.
APA Citation:
Smith, Nathan. M. (2005). Profiling using Genetic and Physical Attributes as a Predictor of Criminal Behaviors.
Retrieved November 22, 2008, from http://www.computer-forensic-technician.com/wordpress/profiling-using-genetic-and-physical-attributes-as-a-predictor-of-criminal-behaviors/.
