Racial profiling

Racial profiling is the act of suspecting or targeting a 1.2 Legality

person of a certain race based on a stereotype about their
race.[1] According to Minnesota House of Representa-
tives analyst Jim Cleary, “there appear to be at least two In 1996 the U.S. Supreme Court ruled in U.S. v. Arm-
clearly distinguishable definitions of the term 'racial pro- strong that disparity in conviction rates is not uncon-
filing': a narrow definition and a broad definition... Un- stitutional in the absence of data that “similarly sit-
der the narrow definition, racial profiling occurs when uated” defendants of another race were disparately
a police officer stops, questions, arrests, and/or searches prosecuted,[5][6] overturning a 9th Circuit Court ruling
someone solely on the basis of the person’s race or ethnic- that was based on “the presumption that people of all
ity... Under the broader definition, racial profiling occurs races commit all types of crimes – not with the premise
whenever police routinely use race as a factor that, along that any type of crime is the exclusive province of any
with an accumulation of other factors, causes an officer particular racial or ethnic group”, waving away challenges
to react with suspicion and take action.”[2] based on the Fourth Amendment of the U.S. Constitution
which guarantees the right to be safe from search and
seizure without a warrant (which is to be issued “upon
probable cause”), and the Fourteenth Amendment which
requires that all citizens be treated equally under the law.
1 In the United States To date there have been no known cases in which any U.S.
court dismissed a criminal prosecution because the de-
fendant was targeted based on race. This Supreme Court
See also: Airport racial profiling in the United States decision doesn't prohibit government agencies from en-
acting policies prohibiting it in the field by agents and
According to the American Civil Liberties Union employees.
(ACLU), “racial profiling” refers to the practice by law In his February 27, 2001 address to a Joint Session of
enforcement officials of targeting individuals for suspi- Congress, President George W. Bush declared: “Racial
cion of crime based on the individual’s race, ethnicity, profiling is wrong, and we will end it in America. In
religion or national origin. Criminal profiling, generally, so doing, we will not hinder the work of our nation’s
as practiced by police, is the reliance on a group of char- brave police officers. They protect us every day – often
acteristics they believe to be associated with crime. Ex- at great risk. But by stopping the abuses of a few, we will
amples of racial profiling are the use of race to determine add to the public confidence our police officers earn and
which drivers to stop for minor traffic violations (com- deserve.”[7]
monly referred to as “driving while black or brown”), or
the use of race to determine which pedestrians to search In June 2001 the Bureau of Justice Assistance, a com-
for illegal contraband.”[3] Examples of racial profiling ponent of the Office of Justice Programs of the United
on ethnic groups in the U.S. include African Americans States Department of Justice, awarded a Northeastern re-
– gangs, Chinese Americans – espionage, Hispanic and search team a grant to create the web-based Racial Pro-
Latinos – illegal immigration, Arab and Muslims/South filing Data Collection Resource Center. It now main-
Asians – Terrorism, and Jews - conspiracy theories. tains a website designed to be a central clearinghouse
for police agencies, legislators, community leaders, so-
cial scientists, legal researchers, and journalists to access
information about current data collection efforts, legis-
lation and model policies, police-community initiatives,
1.1 History and methodological tools that can be used to collect and
analyze racial profiling data. The website contains infor-
The existence of racial profiling dates back to slavery. In mation on the background of data collection, jurisdictions
1693, Philadelphia’s court officials gave police legal au- currently collecting data, community groups, legislation
thority to stop and detain any Negro (freed or enslaved) that is pending and enacted in states across the country,
seen wandering in and around on the streets. This dis- and has information on planning and implementing data
criminatory practice continued through the Jim Crow era collection procedures, training officers in to implement
and now in the twenty-first century. Racial profiling has these systems, and analyzing and reporting the data and
been alleged to be prevalent across cities in the U.S.[4] results.[8]

1
2 1 IN THE UNITED STATES
In June 2003 the Department of Justice issued its Guid-
ance Regarding the Use of Race by Federal Law Enforce-
ment Agencies forbidding racial profiling by federal law
enforcement officials.[9]
Several U.S. states now have reporting requirements for
incidents of racial profiling. Texas, for example requires
all agencies to provide annual reports to its Law Enforce-
ment Commission. The requirement began on September
1, 2001, when the State of Texas passed a law to require
all law enforcement agencies in the State to begin collect-
ing certain data in connection to traffic or pedestrian stops
beginning on January 1, 2002. Based on that data, the law
mandated law enforcement agencies to submit a report
to the law enforcement agencies’ governing body begin-
ning March 1, 2003 and each year thereafter no later than
March 1. The law is found in the Texas Code of Crimi-
nal Procedure beginning with Article 2.131.[10] Addition-
ally, on January 1, 2011, all law enforcement agencies
began submitting annual reports to the Texas State Law
Enforcement Officers Standards and Education Commis-
sion. The submitted reports can be accessed on the Com-
mission’s website for public review.[11]
1.2.1 Arizona SB 1070
Main article: Arizona SB 1070
In April 2010, Arizona enacted SB 1070, a law that would
require law-enforcement officers to verify the citizenship
of individuals they stop if they have reasonable suspicion
that they may be in the United States illegally. The law
states that “Any person who is arrested shall have the per-
son’s immigration status determined before the person is
released”. United States federal law requires that all ille-
gal immigrants who remain in the United States for more
than 30 days are to register with the U.S. government and
to have all registration documents with them at all time.
Arizona made it a misdemeanor crime for an illegal im-
migrant 14 years of age and older to be found without
carrying these documents at all times. This came about
because there was an establish trend from persons who fit
into this ethnicity.
According to SB 1070, law-enforcement officials may not
consider “race, color, or national origin” in the enforce-
ment of the law, except under the circumstances allowed
under the United States and Arizona constitutions.[12] In
June 2012, the majority of SB 1070 was struck down by
the United States Supreme Court, while the provision al-
lowing for an immigration check on detained persons was
upheld.[13]
1.3 Support
Supporters defend the practice of racial profiling by em- ings, resulting in a swell of media coverage.[21] Two me-
phasizing the crime control model.[14] They claim that the dia narratives stood out with the former claiming that a
practice is both efficient and ideal due to utilizing the laws militant subculture was forming within the Islamic com-
of probability in order to determine one’s criminality.[14]
This system focuses on controlling crime with swift judg-
ment, bestowing full discretion on police to handle what
they perceive as a threat to society.[14] The use and sup-
port of racial profiling has surged in recent years, namely
in North America due to heightened tension and aware-
ness following the events of 9/11.[15] As a result, the is-
sue of profiling has created a debate that centers on the
values of equality and self-defense.[15] Supporters uphold
the stance that sacrifices must be made in order to main-
tain national safety, even if it warrants differential treat-
ment.[15]
According to a 2011 survey by Rasmussen Reports, a ma-
jority of Americans support profiling as necessary “in to-
day’s society”.[16][17][18]
In December 2010, Fernando Mateo, then president of
the New York State Federation of Taxi Drivers, made
some pro-racial profiling remarks in the case of gun-shot
taxi-cab driver: “You know sometimes it’s good that we
are racially profiled because the God’s-honest truth is that
99 percent of the people that are robbing, stealing, killing
these drivers are blacks and Hispanics.” “Clearly every-
one knows I'm not racist. I'm Hispanic and my father is
black. ... My father is blacker than Al Sharpton.”[19]
1.4 Criticism
Critics of racial profiling argue that the individual rights
of a suspect are violated if race is used as a factor in that
suspicion. Notably, civil liberties organizations such as
the American Civil Liberties Union (ACLU) have labeled
racial profiling as a form of discrimination, stating, “Dis-
crimination based on race, ethnicity, religion, nationality
or on any other particular identity undermines the ba-
sic human rights and freedoms to which every person is
entitled.”[20]
Conversely, those in opposition of the police tactic em-
ploy the teachings of the due process model, arguing that
minorities are not granted equal rights and are thus sub-
ject to unjust treatment.[14] In addition, some argue that
the singling out of individuals based on their ethnicity
comes in violation of the Rule of Law, having voided all
instance of neutrality.[15] Those in opposition also make
note of the role that the news media plays within the con-
flict. The general public internalizes much of its knowl-
edge from the media, relying on sources to convey infor-
mation of events that transpire outside of their immediate
domain.[21] In conjunction with this power, media outlets
are aware of the public’s intrigue with controversy and
have been known to construct headlines that entail moral
panic and negativity.
In 2006, 18 young men from the GTA were charged with
conspiring to carry out a series of bombings and behead-
1.5 In practice
munity while the latter attributed the case to a bunch of
deviant youth who had too much testosterone brewing.[21]
Eventually, it was revealed that government officials had
been tracking the group for some time, having supplied
the youth with the necessary compounds to create explo-
sives, prompting critics to discern whether the whole situ-
ation was a set-up.[21] Throughout the case, many factors
were put into question but none more than the Muslim
community who faced much scrutiny and vitriol due to
the build-up of negative headlines stemming from the
media.[21]
Responding to such criticisms are local community
groups who seek to collect data, analyze trends and how
they might correspond to public perceptions of profiling,
and solicit ideas aimed at diminishing cultural and racial
biases.[22]
1.5 In practice
• In December 2001, an American citizen of Mid-
dle Eastern descent named Assem Bayaa cleared all
the security checks at Los Angeles airport and at-
tempted to board a flight to New York City. Upon
boarding, he was told that he made the passen-
gers uncomfortable by being on board the plane and
was asked to leave. Once off the plane, he wasn't
searched or questioned any further and the only con-
solation he was given was a boarding pass for the
next flight. He filed a lawsuit on the basis of dis-
crimination against United Airlines. United Airlines
filed a counter motion which was dismissed by a dis-
trict judge on October 11, 2002. In June 2005, the
ACLU announced a settlement between Bayaa and
United Airlines who still disputed Bayaa’s allega-
tions, but noted that the settlement “was in the best
interest of all”.[23]
• In the case of racial profiling drivers, the ethnic
backgrounds of drivers stopped by traffic police in
the US suggests the possibility of biased policing
against colored drivers.[24] Black drivers felt that
they were being pulled over by law enforcement of-
ficers simply because of their skin color. However,
some argue in favor of the “veil of darkness” hy-
pothesis, which states that police are less likely to
know the race of a driver before they make a stop
at nighttime as opposed to in the daytime. Refer-
ring to the veil of darkness hypothesis, it is suggested
that if the race distribution of drivers stopped during
the day differs from that of drivers stopped at night,
officers are engaging in racial profiling. For exam-
ple, in one study done by Jeffrey Grogger and Greg
Ridgeway, the veil of darkness hypothesis was used
to determine whether or not racial profiling in traffic
stops occurs in Oakland, California. The conductors
found that there was little evidence of racial profiling
in traffic stops made in Oakland.[25] Legislation has
3
been proposed with the intent of ending racial pro-
filing in traffic stops. There have been many states
that have begun collecting data on the details of the
traffic stops in order to monitor racial profiling. Pro-
filing is on an individual basis and it is difficult to
pinpoint the cause of arrests or stops since the stud-
ies allow officers to change their behavior accord-
ingly. For example, in the court case of City of
Los Angeles v. Lyons, Adolf Lyons was stopped by
police officers because of a faulty taillight; police
officers choked him until he was unconscious.[26]
Plaintiffs in the case promoted equality yet it was
ultimately dependent on appearance and race. In a
recent journal comparing the 1990s to the present,
studies have established that when the community
criticized police for targeting the black community
during traffic stops it received more media coverage
and toned down racial profiling. However, whenever
there was a significant lack of media coverage or
concern with racial profiling, the amount of arrests
and traffic stops for the African-American commu-
nity would significantly rise again.[27]
1.5.1 NYPD Demographics Unit
Between 2003 and 2014, the New York City Police De-
partment (NYPD) operated the Demographics Unit (later
renamed Zone Assessment Unit) which mapped commu-
nities of 28 “ancestries of interest”, including those of
Muslims, Arabs, and Albanians. Plain-clothed detectives
were sent to public places such as coffee shops, mosques
and parks to observe and record the public sentiment,
as well as map locations where potential terrorists could
“blend in”. In its 11 years of operation, however, the unit
did not generate any information leading to a criminal
charge. A series of publications by the Associated Press
during 2011–12 gave rise to public pressure to close the
unit, and it was finally disbanded in 2014.[28]
1.5.2 Urban communities
Some believe that inner city residents of Hispanic com-
munities are subjected to racial profiling because of the-
ories such as the “gang suppression model”. The “gang
suppression model” is believed by some to be the basis
for increased policing, the theory being based on the idea
that Latinos are violent and out of control and are there-
fore “in need of suppression”.[29] Based on research, the
criminalization of a people can lead to abuses of power
on behalf of law enforcement.[29]
Research through random sampling in the South Tucson,
Arizona area has established that immigration authori-
ties sometimes target the residents of barrios with the
use of possibly discriminatory policing based on racial
profiling.[29] Author Mary Romero writes that immigra-
tion raids are often carried out at places of gathering and
cultural expression such as grocery stores based on the
4 1 IN THE UNITED STATES
fluency of language of a person (e.g. being bilingual es-
pecially in Spanish) and skin color of a person.[30] She
goes on to state that immigration raids are often con-
ducted with a disregard for due process, and that these
raids lead people from these communities to distrust law
enforcement.[30]
1.6 Islamophobia
Main article: Islamophobia
1.6.1 In practice
The September 11, 2001 attacks on the World Trade Cen-
ter and the Pentagon have led to targeting of some Mus-
lims and Middle Easterners as potential terrorists and, ac-
cording to some, are targeted by the national government
through preventive measures similar to those practiced by
local law enforcement.[31] The national government has
passed laws, such as the Patriot Act of 2001, to increase
surveillance of potential threats to national threat as a re- sition."(Baker)
sult of the events that occurred during 9/11.[32] It is ar-
gued that the passage of these laws and provisions by the
national government leads to justification of preventative 1.9 Some general examples of racial profil-
methods, such as racial profiling, that has been contro-
versial for racial profiling and leads to further minority
distrust in the national government.[31] One of the tech- A few examples of racial profiling by police may include:
niques used by the FBI to target Muslims was monitoring
100 mosques and business in Washington DC and threat-
ened to deport Muslims who did not agree to serve as
informers.[31] The FBI denied to be taking part in blan-
ket profiling and argued that they were trying to build trust
within the Muslim community.[31]
The events of 9/11 also led to restrictions in immigration
laws.[31] The U.S. government imposed stricter immigra-
tion quotas to maintain national security at their national
borders. In 2002, men over sixteen years old who entered
the country from twenty-five Middle Eastern countries
and North Korea were required to be photographed, fin-
gerprinted, interviewed and have their financial informa-
tion copied, and had to register again before leaving the
country[31] under the National Security Entry-Exit Reg-
istration System. No charges of terrorism resulted from
the program, and it was deactivated in April 2011.[33]
1.7 Criminal profiling
When confronted with accusations of racial profiling the
police claim that they do not participate in it. They claim
that they use numerous factors (such as race, interactions,
and dress) to determine if a person is involved in criminal
activity. They further claim that the job of policing is far
more imperative than to concerns of minorities or interest
groups claiming unfair targeting.[34]
1.8 Law enforcement
Racial profiling not only occurs on the streets but also in
many institutions. Much like the book Famous all over
Town where the author Danny Santiago mentions this
type of racism throughout the novel. According to Jes-
per Ryberg’s 2011 article “Racial Profiling And Crimi-
nal Justice” in the Journal Of Ethics, “It is argued that,
given the assumption that criminals are currently being
punished too severely in Western countries, the appre-
hension of more criminals may not constitute a reason
in favor of racial profiling at all.” It has been stated in
a scholarly journal that for over 30 years the use of
racial and/or demographic profiling by local authorities
and higher level law enforcement’s continue to proceed.
NYPD Street cops use racial profiling more often, due to
the widespread patterns. They first frisk them to check
whether they have enough evidence to be even arrested
for the relevant crime. “As a practical matter, the stops
display a measurable racial disparity: black and Hispanic
people generally represent more than 85 percent of those
stopped by the police, though their combined popula-
tions make up a small share of the city’s racial compo-
ing by police
• An African American man standing on a corner
waiting for a bus is stopped and questioned regard-
ing why he is standing there and where he is going.
• A Hispanic driver is stopped in a “white” neighbor-
hood because he “doesn't belong there” or “looks out
of place.”
• Latino residents experienced racial affronts targeted
at their race indicated by skin-color, bilingual speak-
ing abilities (or inability to speak or understand En-
glish), or shopping in neighborhoods highly popu-
lated by Latinos. During immigration inspections,
individuals stopped were demeaned, humiliated and
embarrassed.[35]
• A group of black teenagers are pulled over because
of the kind of car they are driving.
• A white man waiting in a car in a “ghetto” neighbor-
hood is stopped and questioned about buying drugs.
1.10 Racial profiling in practice
On September 14, 2001 three days after the September
11th attacks, an Indian American motorist and three fam-
ily members were pulled over and ticketed by a Mary-
land state trooper because their car had broken taillights.
1.11 Empirical evidence
(Which is a valid ticket) The trooper interrogated the fam-
ily, questioned them about their nationality, and asked for
proof of citizenship. When the motorist said that their
passports were at home, the officer allegedly stated, “You
are lying. You are Arabs involved in terrorism.” He or-
dered them out of the car, had them put their hands on the
hood, and searched the car. When he discovered a knife
in a toolbox, the officer handcuffed the driver and later re-
ported that the driver “wore and carried a butcher knife, a
dangerous, deadly weapon, concealed upon and about his
person.” The driver was detained for several hours but
eventually released.[36][37]
1.11 Empirical evidence
Statistical data demonstrates, that although policing prac-
tices and policies vary widely across the United States, a
large disparity between racial groups in regards to traffic
stops and searches exists. However, whether this is due
to racial profiling or the fact that different races are in-
volved in crime in different rates, is still highly debated.
Based on academic search, various studies have been con-
ducted regarding the existence of racial profiling in traf-
fic and pedestrian stops. For motor vehicle searches aca-
demic research showed that the probability of a successful
search is very similar across races. This suggests that po-
lice officers are not motivated by racial preferences but
by the desire to maximize the probability of a successful
search. Similar evidence has been found for pedestrian
stops, with identical ratios of stops to arrests for different
races.[38][39] The studies have been published in various
Academic Journals aimed towards Academic profession-
als as well practitioners such as law enforcers. Some of
these journals include, Police Quarterly and the Journal
of Contemporary Criminal Justice, so that both sides of
the argument are present and evaluated. Of those gath-
ered the most noted study refuting racial profiling was the
conducted using the veil of darkness hypothesis stating
that it will be difficult, if not impossible, for officers to
discern race in the twilight hours. The results of this study
concluded that the ratio of different races stopped by New
York cops is about the same for all races tested.[40]
Some of the most referenced organizations, who offer ev-
idence on the existence of racial profiling, are The Amer-
ican Civil Liberties Union, which conducted studies in
various major U.S. cities, and RAND. In a study con-
ducted in Cincinnati, Ohio, it was concluded that “Blacks
were between three and five times more likely to (a) be
asked if they were carrying drugs or weapons, (b) be
asked to leave the vehicle, (c) be searched, (d) have a
passenger searched, and (e) have the vehicle physically
searched in a study conducted. This conclusion was based
on the analysis of 313, randomly selected, traffic stop po-
lice tapes gathered from 2003 to 2004.”[41] A 2001 study
analyzing data from the Richmond, Virginia Police De-
partment found that African Americans were dispropor-
tionately stopped compared to their proportion in the gen-
5
eral population, but that they were not searched more of-
ten than Whites. The same study found that Whites were
more likely than African Americans to be “the subjects
of consent searches”, and that Whites were more likely
to be ticked or arrested than minorities, while minorities
were more likely to be warned.[42] A 2002 study found
that African Americans were more likely to be watched
and stopped by police when driving through white ar-
eas, despite the fact that African Americans’ “hit rates”
were lower in such areas.[43] A 2004 study analyzing
traffic stop data from suburban police department found
that although minorities were disproportionately stopped,
there is only a “very weak” relationship between race and
police decisions to stop.[44] Another 2004 study found
that young black and Hispanic men were more likely
to be issued citations, arrested, and to have force used
against them by police, even after controlling for numer-
ous other factors.[45] A 2005 study found that the percent
of speeding drivers who were black (as identified by other
drivers) on the New Jersey Turnpike was very similar to
the percent of people pulled over for speeding who were
black.[46] A 2004 study looking at motor vehicle searches
in Missouri found that unbiased policing did not explain
the racial disparity in such searches.[47] In contrast, a
2006 study examining data from Kansas concluded that
its results were “consistent with the notion that police in
Wichita choose their search strategies to maximise suc-
cessful searches,”[48] and a 2009 study found that racial
disparities in people being searched by the Washington
state patrol was “likely not the result of intentional or
purposeful discrimination.”[49] Another 2009 study found
that police in Boston were more likely to search if their
race was different from that of the suspect, in contrast to
what would be expected if discrimination was occurring
(which would be that police search decisions are inde-
pendent of officer race).[50] A 2013 study found that po-
lice were more likely to issue warnings and citations, but
not arrests, to young black men.[51] A 2014 study analyz-
ing data from Rhode Island found that blacks were more
likely than whites to be frisked and, to a lesser extent,
searched while driving; the study concluded that “Biased
policing is largely the product of implicit stereotypes that
are activated in contexts in which Black drivers appear
out of place and in police actions that require quick deci-
sions providing little time to monitor cognitions.”[52]
As a response to the shooting of Michael Brown in
Ferguson on August 9, 2014, the Department of Jus-
tice recruited in September a team of criminal jus-
tice researchers to study racial bias in law enforce-
ment in five cities and to subsequently devise strategic
recommendations.[53] In its March 2015 report on the
Ferguson Police Department, the Department of Justice
found that although only 67% of the population of Fer-
guson was black, 85% of people pulled over by police in
Ferguson were black, as were 93 percent of those arrested
and 90 percent of those given citations by the police.[54]
6 2 IN OTHER COUNTRIES

1.12 Public opinion there was “no excuse” for extra scrutiny of Middle East-
ern people.[57]
1.12.1 Perceptions of race and safety However, using data from an internet survey based ex-
periment performed in 2006 on a random sample of 574
In a particular study, Higgins, Gabbidon, and Vito studied adult university students, a study was conducted that ex-
the relationship between public opinion on racial profil- amined public approval for the use of racial profiling
ing in conjunction with their viewpoint of race relations to prevent crime and terrorism. It was found that ap-
and their perceived awareness of safety. It was found that proximately one third of students approved the use of
race relations had a statistical correlation with the legiti- racial profiling in general. Furthermore, it was found
macy of racial profiling. Specifically, results showed that that students were equally likely to approve of the use of
those who believed that racial profiling was widespread racial profiling to prevent crime as to prevent terrorism-
and that racial tension would never be fixed were more 33% and 35.8% respectively. The survey also asked re-
likely to be opposed to racial profiling than those who did spondents whether they would approve of racial profil-
not believe racial profiling was as widespread or that racial ing across different investigative contexts. It was found
tensions would be fixed eventually. On the other hand, in that 23.8% of people approved of law enforcement using
reference to perception of safety, the research concluded racial profiling as a means to stop and question someone
that one’s perception of safety had no influence on public in a terrorism context while 29.9% of people approved
opinion of racial profiling. Higgins, Gabbidon, and Vito of racial profiling in a crime context for the same situa-
acknowledge that this may not have been the case im- tion. It was found that 25.3% of people approved of law
mediately after 9/11, but state that any support of racial enforcement using racial profiling as a means to search
profiling based on safety was “short-lived”.[55] someone’s bags or packages in a terrorism context while
33.5% of people approved of racial profiling in a crime
context for the same situation. It was also found that
1.12.2 Influence of religious affiliation 16.3% of people approved of law enforcement wire tap-
ping a person’s phone based upon racial profiling in the
One particular study focused on individuals who self- context of terrorism while 21.4% of people approved of
identified as religiously affiliated and their relationship racial profiling in a crime context for the same situation. It
with racial profiling. By using national survey data from was also found that 14.6% of people approved of law en-
October 2001, researcher Phillip H. Kim studied which forcement searching someone’s home based upon racial
individuals were more likely to support racial profil- profiling in a terrorism context while 18.2% of people ap-
ing. The research concludes that individuals that iden- proved of racial profiling in a crime context for the same
tified themselves as either Jewish, Catholic, or Protestant situation.[57]
showed higher statistical numbers that illustrated support
The study also found that white students were more likely
for racial profiling in comparison to individuals who iden-
to approve of racial profiling to prevent terrorism than
tified themselves as non-religious.[56]
nonwhite students. However, it was found that white stu-
dents and nonwhite students held the same views about
racial profiling in the context of crime. It was also found
1.12.3 The context of terrorism and crime that foreign born students were less likely to approve of
racial profiling to prevent terrorism than non-foreign born
After the September 11, 2001 terrorist attacks on the students while both groups shared similar views on racial
United States, according to Johnson, a new debate con- profiling in the context of crime.[57]
cerning the appropriateness of racial profiling in the con-
text of terrorism took place. According to Johnson, prior
to the September 11, 2001 attacks the debate on racial
profiling within the public targeted primarily African-
2 In other countries
Americans and Latino Americans with enforced policing
on crime and drugs. The attacks on the World Trade Cen- 2.1 Canada
ter and the Pentagon changed the focus of the racial pro-
filing debate from street crime to terrorism. According Accusations of racial profiling of visible minorities who
to a June 4–5, 2002 FOX News/Opinion Dynamics Poll, accuse police of targeting them due to their ethnic back-
54% of Americans approved of using “racial profiling to ground is a growing concern in Canada. In 2005, the
screen Arab male airline passengers.” A 2002 survey by Kingston Police released the first study ever in Canada
Public Agenda tracked the attitudes toward the racial pro- which pertains to racial profiling. The study focused on
filing of Blacks and people of Middle Eastern descent. In in the city of Kingston, a small city where most of the in-
this survey, 52% of Americans said there was “no ex- habitants are white. The study showed that black skinned
cuse” for law enforcement to look at African Americans people were 3.7 times more likely to be pulled over by po-
with greater suspicion and scrutiny because they believe lice than white skinned people, while Asian people were
they are more likely to commit crimes, but only 21% said less likely to be pulled over than whites or blacks.[58] Sev-
2.3 Israel
eral police organizations condemned this study and sug- lawful and in violation of anti-discrimination provisions
gested more studies like this would make them hesitant in Art. 3 Basic Law and the General Equal Treatment Act
to pull over visible minorities. of 2006.[67]
Canadian Aboriginals are more likely to be charged
with crimes, particularly on reserves. The Canadian
crime victimization survey does not collect data on the
ethnic origin of perpetrators, so comparisons between
incidence of victimizations and incidence of charging
are impossible.[59] Although aboriginal persons make up
3.6% of Canada’s population, they account for 20% of
Canada’s prison population. This may show how racial
profiling increases effectiveness of police, or be a result of
racial profiling, as they are watched more intensely than
others.[60]
In February 2010, an investigation of the Toronto Star
daily newspaper found that black people across Toronto
were three times more likely to be stopped and docu-
mented by police than white people. To a lesser extent,
the same seemed true for people described by police as
having “brown” skin (South Asians, Arabs and Latinos) .
This was the result of an analysis of 1.7 million contact
cards filled out by Toronto Police officers in the period
2003 - 2008.[61]
The Ontario Human Rights Commission states that
"police services have acknowledged that racial profiling
does occur and have taken [and are taking] measures to
address [the issue], including upgrading training for of-
ficers, identifying officers at risk of engaging in racial
profiling, and improving community relations”[62] (Grif-
fiths, 2008, p. 311). Ottawa Police addressed this issue
and planned on implementing a new policy regarding offi-
cer racially profiling persons, “the policy explicitly forbids
officers from investigating or detaining anyone based on
their race and will force officers to go through training on
racial profiling”[63] (CTV News, 2011). This policy was
implemented after the 2008 incident where an African-
Canadian woman was strip searched by members of the
Ottawa police. There is a video showing the strip search
where one witnesses the black woman being held to the
ground and the having her bra and shirt cut ripped/cut
off by a member of the Ottawa Police Force which was
released to the viewing of the public in 2010[64] (CTV
News, 2011).
2.2 Germany
As of February 2012 there has been a first court ruling
concerning racial profiling in German police policy. It
had at first been declared legal for police to make skin
color and “non-German ethnic origin” criteria for the se-
lection of persons who will be asked for identification in
spot-checks for illegal immigrants.[65] However, in subse-
quence to the ruling it was decided legal for a subject of
such a spot-check to compare such policy to that of the SS
in public.[66] A higher court later declared the earlier de-
cision to be void and the racial profiling to have been un-
7
2.3 Israel
Main article: Racial profiling in Israel
In 1972, terrorists from the Japanese Red Army launched
an attack that led to the deaths of at least 24 people at Ben
Gurion Airport. Since then, security at the airport has
relied on a number of fundamentals, including a heavy
focus on what Raphael Ron, former director of security
at Ben Gurion, terms the “human factor”, which he gen-
eralized as “the inescapable fact that terrorist attacks are
carried out by people who can be found and stopped by
an effective security methodology.”[68] As part of its fo-
cus on this so-called “human factor,” Israeli security of-
ficers interrogate travelers using racial profiling, singling
out those who appear to be Arab based on name or phys-
ical appearance.[69] Additionally, all passengers, includ-
ing those who do not appear to be of Arab descent, are
questioned as to why they are traveling to Israel, fol-
lowed by several general questions about the trip in or-
der to search for inconsistencies.[70] Although numerous
civil rights groups have demanded an end to the profiling,
the Israeli government maintains that it is both effective
and unavoidable. According to Ariel Merari, an Israeli
terrorism expert,[71] “it would be foolish not to use profil-
ing when everyone knows that most terrorists come from
certain ethnic groups. They are likely to be Muslim and
young, and the potential threat justifies inconveniencing
a certain ethnic group.”[72]
2.4 Mexico
Mexico has been criticized for its immigration policy.
Chris Hawley of USA Today stated that “Mexico has a
law that is no different from Arizona’s”, referring to leg-
islation which gives local police forces the power to check
documents of people suspected of being in the country
illegally.[73] Immigration and human rights activists have
also noted that Mexican authorities frequently engage in
racial profiling, harassment, and shakedowns against mi-
grants from Central America.[73]
2.5 Spain
Racial profiling by police forces in Spain is thought to be
a common practice.[74]
A study by The University of Valencia found that people
of non-white aspect were up to ten times more likely to
be stopped by the police on the street. [75]
Amnesty International accused Spanish authorities of us-
ing racial and ethnic profiling, with police singling out
8 4
people who do not look Caucasian in the street and pub-
lic places.[76][77]
In 2011, The United Nations Committee on the Elimina-
tion of Racial Discrimination (CERD) urged the Spanish
government to take “effective measures” to ethnic profil-
ing, including the modification of existing laws and reg-
ulations which permit its practice.[78]
In 2013, the UN Special Rapporteur, Mutuma Ru-
teere, described the practice of ethnic profiling by Span-
ish law enforcement officers “a persisting and pervasive
problem”.[79] [10] “Racial Profiling Report”. New Braunfels, Texas. 2001.
In 2014, the Spanish government approved a law which
prohibited racial profiling by police forces.[80] However, [11] “Texas Law Enforcement Agency Racial Profiling Reports
several NGO’s claim identity checks which are carried
out on grounds of skin color and ethnicity are still widely
practiced despite the ban.[81]
3 See also
• Affirmative action
• Institutional racism
• Contempt of cop
• De-policing
• Driving While Black
• Police misconduct
• Race and crime in the United States
• Arrest of Henry Louis Gates
• Edward C. Lawson
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[68] SecuritySolutions.com What can we learn from Ben Gu-
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[69] International Herald Tribune, Israeli airport security order
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5 Resources
• Jack Glaser. 2014. Suspect Race: Causes and
Consequences of Racial Profiling (Oxford Univer-
sity Press)
• Jeff Shantz. 2010. Racial Profiling and Borders:
International, Interdisciplinary Perspectives (Lake
Mary: Vandeplas).
• Ronald Weitzer and Steven Tuch. 2006. Race
and Policing in America: Conflict and Reform (New
York: Cambridge University Press).
• Ryberg, Jesper (2011). “Racial Profiling And Crim-
inal Justice”. Journal Of Ethics. 15 (1/2): 79–88.
doi:10.1007/s10892-010-9098-3.
• Ruiz, James; Julseth, Jason W.; Winters, Kath-
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doi:10.1350/ijps.2010.12.3.173.
 11

• Baker, Al. “Judge Declines to Dismiss Case Alleg-

ing Racial Profiling by City Police in Street Stops.”
The New York Times. Nytimes.com, 31 Aug. 2011.
Web. 26 Apr. 2012
• Jeff Shantz. 2010. Racial Profiling and Borders:
International, Interdisciplinary Perspectives (Lake
Mary: Vandeplas).

6 External links
• An Investigation by the Joint Legislative Task
Force on Government Oversight into Racial Profil-
ing Practices by the California Highway Patrol as
part of a program known as Operation Pipeline
• Bureau of Justice Criminal Offender Statistics

• Rational Profiling in America’s Airports (Law Re-

view Article)

• CBC backgrounder on racial profiling in Canada.

• “Ethnic Profiling: A Rational and Moral Frame-
work”, by Robert A. Levy (Cato Institute, October
2, 2001)

• “Racial Profiling in an Age of Terrorism”, By Pe-

ter Siggins (Markkula Center for Applied Ethics,
March 12, 2002)
12 7 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

7 Text and image sources, contributors, and licenses

7.1 Text
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Daniel J. Leivick, Damifb, Benjiboi, Doug Weller, Michaelbarnes, NorthernThunder, Trueblood, BetacommandBot, CieloEstrellado,
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morning, Hendrick 99, Ac2k, Haminoon, Ginsuloft, Snowcountryomas, Manul, Anrnusna, Thedub98, Acalloway53012, Bali88, Monkbot,
Kikipalooza, Bradley Wiggins, KH-1, BrandonAndrews, Third party481, Racisttwins, Rpifrisbee, Walpy1234, Kristy.smith1969, SerrRuss,
Arfa tahirr, Crazimonkey02, Oct77, Lupinwork, Evana.alexander, Eurocus47, Wustl ajr, Little Will, Zuoanqh, Gamblusgocc and Anony-
mous: 625

7.2 Images
• File:Ambox_globe_content.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/bd/Ambox_globe_content.svg License:
Public domain Contributors: Own work, using File:Information icon3.svg and File:Earth clip art.svg Original artist: penubag
• File:Ambox_important.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/b4/Ambox_important.svg License: Public do-
main Contributors: Own work, based off of Image:Ambox scales.svg Original artist: Dsmurat (talk · contribs)
• File:Text_document_with_red_question_mark.svg Source: https://upload.wikimedia.org/wikipedia/commons/a/a4/Text_document_
with_red_question_mark.svg License: Public domain Contributors: Created by bdesham with Inkscape; based upon Text-x-generic.svg
from the Tango project. Original artist: Benjamin D. Esham (bdesham)
• File:Unbalanced_scales.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fe/Unbalanced_scales.svg License: Public do-
main Contributors: ? Original artist: ?
• File:Wiktionary-logo-v2.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/06/Wiktionary-logo-v2.svg License: CC BY-
SA 4.0 Contributors: Own work Original artist: Dan Polansky based on work currently attributed to Wikimedia Foundation but originally
created by Smurrayinchester

7.3 Content license

• Creative Commons Attribution-Share Alike 3.0