Is racial profiling a method still used by modern law enforcement agencies? Is the practice still officially or unofficially used?

Introduction:

In the 20th and 21st century, law enforcement agencies have established or have been accused of using profiling policies based upon factors including race. These agencies have used crime statistics that show that Black Americans and Latinos have a larger incarceration rate as an attempt to explain the use of profiling.

Public outrage over the use of racial profiling has led most law enforcement agencies to officially abolish the practice. Nonetheless, minorities still claim they are being targeted. Does law enforcement still unofficially practice the use of racial profiling?

The inclination by law enforcement to continue the 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.

This is an important issue to study because the 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.

Racial profiling is also a very relevant issue. 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 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)

The issue of racial profiling extends to every law enforcement agency from local police, to state police, to federal agencies. It’s an issue of merit worth the study because of the harmful effects, and because racial profiling is in fact a form of discrimination and is relevant as a human rights issue. Are African-American, Latino, Arab-American, and other minorities just complaining that they are being targeted? Or are they truly still the subject of racial profiling by law enforcement?

Proposed Research Methods
Local and State Level
Study: 1A
Type: Field Experiment
Undercover officers of five different races, white (Caucasian), black (African-American), Latino, Asian, and Arab-American would pose as typical drivers. There would be five groups in the study. The officers participating in the undercover operation would be from a different agency or district so they would not be identified.

Group #1 would consist of 3 white (Caucasian) subjects each 25-35 years old.
Group #2 would consist of 3 Latino subject each 25-35 years old.
Group #3 would consist of 3 Black (African-American) subjects each 25-35 years old.
Group #4 would consist of 3 Asian subjects each 25-35 years old.
Group #5 would consist of 3 Arab-American subjects each 25-35 years old.

Each group would drive a common vehicle such as a 2005 White Honda Civic, The tags on the vehicle would be from the same state, with current registration stickers. Each subject would wear their safety belts.

Each group would drive at three different times during the day, for a 30 mile stretch along an Interstate highway, on a Friday.

At 9:30 AM, during morning rush hour.
At 9:00 PM, during the evening.
At 2:00 AM, during the night.

During the first study (week #1), each group would observe the speed limit.

During the second study (week #2), each group would travel at 10 miles per hour above the speed limit.

During the third study (week #3), each group would travel at 15 miles per hour above the speed limit.

During the fourth study (week #4), each group would travel at 20 miles per hour above the speed limit, and engage their emergency flashers.

Potential Problems:

Driving above the speed limit may cause an unnecessary safety risk to civilians. This can be limited by the use of trained officers. Additionally it may not be possible to travel above the speed limit if roads or congested, or if it’s determined to be a safety risk, such as if construction workers are present, or there is a traffic accident, or disabled vehicle on the road.

Although, the results of this study would not be used to prosecute, the study may be interpreted as entrapment. The use of using police officers in this study will help minimize the risk.

In areas where the population consists primarily of a specific race(s), the groups may appear to be out of place and may raise suspicion. Therefore I recommend conducting this study in diverse, and mixed neighborhoods.

By using officers, the subjects may use language or act a certain way that may tip off the officer issuing a citation, or warning.

Benefits & Positive Points

A field study will be the most accurate representation of potential racial profiling since, surveys, polls, and officer reporting can be inaccurate.

Study: 1B
Type: Survey
A follow up survey would be given to citizens who have recently been issued a citation for minor traffic offenses. 100 randomly selected citizen who were issued a citation within the past 3 months would be sent a survey in the mail that includes a postage paid envelope. The study would be conducted by a neutral third party.

Potential Problems:

Citizens who have just received a traffic citation are likely to provide negative or purposely inaccurate feedback, regardless of the survey wording. It would be beneficial to point out the survey is not conducted by the police department.

The response rate for a survey of this type is likely to be low, and it would be difficult if not outright unethical to offer an incentive for completing the survey.

As with any survey, participants might have their own agenda and may provide deceptive information.

I would recommend using the survey in conjunction with field research to minimize the potential problems.

Benefits and Positive Points

A survey would be much less costly and use less manpower than field research. A survey would also provide a perspective of the perceptions that citizens may have.

Survey Design

This survey is conducted by an independent research firm. We are researching law enforcement policies and methods relating to traffic citations. This survey is anonymous.

Are you a male or female? [] Male [] Female
What is your age? [] 16-18 [] 19-25 [] 25-35 [] 35-55 [] Over 55
Did you receive a citation? [] Yes [] No
Did you receive an official warning? [] Yes [] No
Was the offense related to speeding? [] Yes [] No
How did you plead? [] Not Guilty [] Guilty [] Nolo Contender

What is your race? [] White [] Black or African Decent
[] Asian [] Middle Eastern
[] Hispanic [] Other
Additional Comments:

Federal Level
Study: 2
Type: Field Experiment

3 groups of 5 law enforcement officers would participate in this experiment. One group would consist of 5 Caucasian or white subjects, one group would consist of 5 black or African-American subjects, one group would consist of 5 subjects of middle eastern decent and have a traditional middle eastern name. Each group member would be in the 20-30 year old age range, and have a clean criminal record and not be on any “watch” list.

Each group would arrive at an airport, check luggage, each bring a carry on item and follow standard airport security procedures. The subjects would then board a domestic flight to a destination over 800 miles in distance from the point of origination. The flight will be on a Monday morning, each passenger/subject will have a one-way ticket, each flight will have one federal air marshal assigned who will not have knowledge of the study.

Each subject/passenger will record: (1) How airport security reacts to them. (2) If they are asked to do anything “special” by airport security such as advanced screening. (3) How ticketing agents react, and what questions they are asked. (4). How the air marshal reacts or interacts with the subject/passengers.

Potential Problems:

Given the September 11, 2001 attacks, passengers may act/react with hostility to the subjects/passengers, this could cause panic or may result in violence, and have the potential risk of injuries and possibly even death. If this experiment were to take place appropriate precautions need to be taken.

Also in light of the September 11, 2001 attacks, there maybe significant ethical issues of conducting such an experiment. Federal agencies may also object or prevent such a study, and the publishing of results due to possible security concerns should the study reveal secret techniques or methods in terrorism prevention.

Benefits and Positive Points:

The results of this study could have an impact on terrorism prevention, and may in fact lead to improved methods.

References

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.

Okihiro, Gary. (1996). Whispered Silences: Japanese Americans and World War II.
University of Washington Press.
Fitzgerald, Jack., Cox, Steven. (2002). Research Methods and Statistics in Criminal Justice. Thomson Wadsworth.

Harris, David. (2002). Flying While Arab: Lessons from the Racial Profiling Controversy. U.S. Commission on Civil Rights.
Steele, Claude (1997). Threat in the Air: How Stereotypes Shape Intellectual Identity and Performance. American Psychologist. Volume 52. Issue 6.
(2001). Gallup Poll.

APA Citation:
Smith, Nathan. M. (2006). Racial Profiling by Police Departments: A Research Experiment.
Retrieved November 22, 2008, from http://www.computer-forensic-technician.com/wordpress/racial-profiling-by-police-departments-a-research-experiment/.