Introduction
Issues of racism have shaped the American history for quite a long time. For a considerable period now, African-Americans and other minority groups have been the recipients of harsh and discriminatory treatment. Black Americans and colored people have experienced racial profiling in several instances or areas including enforcement of law. In fact, despite some legislations discriminating racial profiling or creating reasoned frameworks for a balanced community, racism still has a space in the current society. Racial profiling refers to the usage of a person’s race or culture by law enforcement workforces as a fundamental factor in determining whether to engross in application. Racial profiling is a practice that law enforcers use to mark people for suspicion of wrongdoing based on their ethnicity or race. In this regards, generating a profile about the types of people who commit certain offenses may lead law enforcers to oversimplify about a specific group and act according to the generality rather than detailed behavior. The brief will encompass contexts on examples of racial profiling in law enforcement, affirmative actions and strategies to mitigate racial profiling, legal construction of aliens, and the viewpoints on race. The assessment will offer a discourse on the racial profiling in law enforcement and the way it creates gaps in the judicial system.
Contextual aspects and policing in America
Policing institutions focus mainly on the safety of the American people. In addition, the police department seeks to enforce the law and order in the mainstream society. Primarily, the police fight crimes and ensure that people live in tandem with laws and regulations of a country. Consequently, they uphold their time, energies, efforts, and principles enforcing regulations, perambulation to prevent crime, investigating felonies committed, and apprehending criminals. Policing is one of the most significant but least appreciated professions in America with the majority of people unaware of the role of police and policing departments in fighting crimes and enforcing the law. However, racial profiling has created gaps in policing by focusing on race as a risk factor in crimes.
Racial profiling in America occurs in dealing with issues of illegal immigration (Latinos and Hispanic), gangs (African Americans), and terrorism (Arab and South Asians or Muslims). Social theories have defined the concept of racial profiling in several ways such as
- Using race in law enforcement in determining whether to make a traffic stop
- Inappropriate consideration of race by law enforcers in determining who or how to intervene
- Actions that rely on ethnicity or race rather than specific behaviors of individuals
In this regards, racial profiling can occur when officers stop, query, arrest, or search a person merely on the basis of the person’s race or when an officer regularly use race as afactor as a cause of suspicion. The reality of racial profiling dates back to slavery in America when in 1693, Philadelphia’s court officials granted police legitimate authority to halt and confine any Negro seen roving on the roads. The practice continued and up to date racial profiling has not died in America. Elsewhere, Arizona passed a law in 2010 that require officers to authenticate the nationality of individuals they stop if they have sensible suspicion that they may be living in America illegally. In addition, the racial profiling of South Asians or Arabs on suspicion of terrorism encompasses racial profiling, so do profiling African Americans as members of gangs or Latinos as illegal immigrants. Opponents of racial profiling contend that law enforcers violate the individual rights of a suspect if they use race as a factor in forming suspicions. Particularly, civil rights establishments such as the ACLU (American Civil Liberties Union) have branded racial profiling as a practice of discrimination, affirming, "Biasgrounded on race, culture, belief, nationality or on any other specific identity challenges the elementary human rights and liberties to which every individual is eligible’ (Omi and Winant 16). The following case demonstrates cases of racial profiling in terrorism
On September 14, 2001 three days after the 9/11, a Maryland state trooper pulled overan Indian American driver and three relatives since their car had damaged rear light. The trooper probed the family and grilled them about their race, and requested for evidence of citizenship. However, the motorist asserted that they had left their passports at home, upon which the officer purportedly indicated, ‘You are deceitful. You are Arabs extremists." The officer proceeded to search the family and their car, upon discovering a knife in a toolbox, cuffed the driver, and later stated that the driver,’ (Johnson et al 17).
Views on race
Americans have defined race in terms of social, biological, and political attributes, which have led to racial inequality or racial profiling. Omi and Winantsuggest that the edicts about race and its orderings especially in America have led to a communal structure of race by offering amplifications on its context and the way the society place race in diverse groups; thus, the development of racial inequality. People perceive race inversely and independently; thus, no one can engender an obvious definition on race, which has resulted to racial formations or grouping of people based on ethnicity. According to Omi and Winant, “Race is a sharedconcept rather than a hereditary concept; thus, peopleview race as a progression of racial design,” (16). By discussing racial identity, Omi and Winant (16) show that the civilizationeffusively influence raceirrespective the philosophies that genetic concepts may foretell. The representation of race and social individualities present a new outlook on how people view race. Lopsided and prejudice elements that people construe to step up their races point to the increased diversities and differences among groups living in America. Monolithic identification of most minority groups explores the diversity that has led to their identification as model minority. As America becomes progressively more diverse in terms of culture, the need for understanding the emotional impact of the immigrant increases (Barnard and Benn 126). In this regards, social identities and racial discourse are an important aspect in the modern society that may assist people in identifying with their respective groups.
People across America face numerous challenges in their endeavors due to race-related issues that create gaps between them especially in terms of law enforcement. For instance, people usually refer to Americans of Asian, Latin, and African origin as minority groups because of their political, culture and social representation. The internet and media images reinforce the belief on white dominance even when people try to offer racial solutions. Racial discourse and the cycle of socialization offer solutions to the generation of racial identities. In this regards, racial formations and identity allow people to form a foundation through which they can identify with their groups. Social identity teaches people that they are born into definite identities related to their racial predispositions. Minority groups have been subjected to social repression, verbal and physical cruelty akin to that directed towards black and colored people. Groups from Asia, Latin America, and Africa have endured numerous pernicious prejudices and discriminations than minority groups from Europe. Minority groups’ fastidious cultures, principles, frames of reference, and opinions are misconstrued, overlooked, and scorned by the dominant members of the community (Samuel and Rican 53). Minority groups present diverse cultural principles relative to their opinions. In essence social identity and the cycle of socialization point to a holistic approach to wellness, valuing edification and specialized success highly.
Omi and Winant assert that the view on race as generally a conceptual, genetic, and social attribute comes to the forefront since Americans view race as a social prearrangementsingularity (18). In fact, such a construction on race has helped the profiling of some races in the law enforcement as some races view themselves as superior to other races. As such, the progression of socialization engendersnumerousphilosophies that rotate around the development of race. Nevertheless, the philosophiesturn around spiritual, systematic, and dogmaticinfluences of human commitment, which allow the development of theedicts of racial disparity, racial identity, and racialization; thus, the development of racial profiling in America.In this regards, the classification of race as a social cataloguingstandard, allows people to validate racial dissimilarity or racial profiling by contending that the society needs such worldviews to describe what rifts the free and the subjugated. The socialfeature of race engenders a hypo-parentage dynamism such that black or colored as anexpression has dissimilarconnotations within dissimilarsocieties across the domain, but its suggestion is not universal.
Contribution of the Civil rights era to harmony in law enforcement
The issues of racism affected US during the mid-20thCentury especially in regards to law enforcement, a time when racism against African-Americans and colored people was so much prevalent. While the law provided an equal standing for all Americans, the blacks became victims of merciless racist attacks. In an attempt to challenge the then existing system, there was sudden emergence of civil rights groups and activist. During the 1955 and 1968, America experienced what people commonly refer to as the Civil Rights (Dudziak 19). The period gave Americans the mentality and prospect to accomplish diverse dynamics in the field of community policing and security. The period saw a break down in legal segregation in public places, attainment of equality, and justice for all Americans, and the establishment of institutional frameworks that enabled people to achieve social development in terms of justice. During the period, African American became more conscious of their rights and interests. In addition, the period saw the proliferation of feminist ideas and principles that enabled women to articulate their grievances in the justice and legal circles. Female activists were essential to the consciousness of black and colored people. Conceivably, women played leading roles in the rights movements and grievances that saw equality in policing. The period fought some of the worst elements in the policing profession across America such as segregation and prejudice (Dudziak 29).
The Civil Rights movement was an imperative period in the history of America since people fought against favoritism, discrimination, injustice and against isolation of society based on race and background. Some of the people that played a leading role in the movement include but not limited to Martin Luther King Jr, John F. Kennedy, Rosa Parks, Thurgood Marshall, and John Lewis. Some of those landmarks of the period include: Little Rock Desegregation – 1957, sit ins – 1960, Freedom Rides – 1961, Montgomery Bus Boycott – 1955-56, Award of Nobel Prize to Dr. King – 1964, Race riots – 1963-70 and Gates v. Collier (Dudziak 29). Despite these challenges, the movements changed the face of America policing and justice professions. The movement led to major legislation in justice and rule of law.
Legal construction of the identity ‘illegal alien’
Currently, America has constructed a meaning for illegal immigrants to the country i.e. illegal aliens, which has made particular people vulnerable to violence. Glenn affirms that the legal construction of such an identity means that these illegal immigrants do not enjoy the rights enjoyed by the American people; thus, some Americans may use that as a motivation to persecute the illegal immigrants (4). In fact, the construction of this meaning has allowed the proliferation of immigrants’ gangs that attempt to protect themselves from any insurgency or arrest by the police. Some people use the excuse of this construction to drive the immigrants from their farms or property in a forceful manner often in total disregard of their rights. In addition, police use disallowed force when arresting the illegal immigrants, as they know they do not complete rights to question the validity of such a forceful arrest.
On the other hand, Glenn asserts that the authorized construction of the identity ‘illegal alien’ does not obtain the meaning from the letter of the law, but receives the meaning from other factors other than judicial processes; thus, immigrants encounter racism, sexual harassment, and criminality (7). The construction of the identity allows gangs in the country to target the ‘illegal aliens’ in conducting criminal activities such as drug trafficking and theft. In fact, illegal aliens do not have the right to work in America or encounter law enforcers; thus, they resort to underground and illegal activities to feed themselves and their families; thus, become vulnerable to violence. On the other hand, most legally immigrant women have faced stigma and experienced sexual harassment in the past; thus, the comprehension that illegal aliens encounter the greatest form of violence.
In addition, illegal aliens have become particular targets for police officers in their bid to deter the presence of aliens. In fact, such a practice has developed into racial profiling, as some laws give police the right to question suspicious people about their status. In this regards, the construction of such an identity has had a disastrous effect on the immigrants. The racial profiling of the immigrants has racialized them and subjected the immigrants to shameful and callous treatment (Campbell 61). Sometimes, the immigrants become targets of police officers in their search for drug traffickers and petty thieves even when the immigrants have the legal documentation to prove their status. In this regards, the construction affects legal immigrants in several way, as they sometimes encounter racism when looking for jobs, encounter sexual harassment, and usually live in deplorable conditions trying to avoid the law enforcers. Illegal immigrants may not have authority to speak against these ills, but the measures taken to identify them by the government have allowed the public to construct a negative aspect for them; thus, they have become vulnerable to violence.
Affirmative Action in racial profiling
Defined as a management tool aimed at offering equal opportunities, people first coined affirmative action to ensure that people did not discriminate minority groups on employment opportunities and access to resources. In essence, people initially intended affirmative action to ensure that minorities and women were equally represented in culture, education and employment. Despite the original definition of affirmative action and which discouraged discrimination on whatsoever basis, cultural attitudes and laws have continually encouraged preferential treatment of some groups in the society. However, the concept was only appropriate for white people who had through their social and political affiliations earned the merit to enjoy these opportunities. Law enforcers have continued to favor white people while still locking the minorities out. This perspective is in line with the arguments of group dominance theorists including but not limited to realistic group conflict, social dominance theorists and group position theorists. All these theorists recognize the hierarchical nature of the society and that people can understand group competition in terms of political attitudes and behaviors (Campbell 61). Today however, minority groups have adopted different strategies in fighting for equality. For example, both traditionally and economically, white people have had the good opportunities as compared to other groups in the society (Dudziak 28). However, lobby groups, community groups, and human rights groups have developed approaches to disallow racial profiling in law enforcement.
In the contemporary society, people have started to consider minority groups with the intent of redressing some of the past mistake (Campbell 29). This reverse discrimination encourages racial quotas in law enforcement. According to libertarianismtheory, all individuals in the society should be accorded the same rights and liberties (Samueland Vue 51). Reverse discrimination however is oblivious of libertarianism view, violates public equality, and undermines citizenship. It nevertheless promotes compensatory and distributive justice (Campbell 29). Reverse discrimination can best be explained through utilitarianism can explain reverse discrimination well by offering preferential treatment to individuals who have experienced historical discrimination. For example, the hiring of more officers from the minority groups can illustrate utilitarianism and allow counteracting racial profiling.
Primary advantage of utilitarianism is its intuitive appeal as well as its ethical reasoning. A moral theory can be assessedthrough clarity, the simplicity, coherence and its practicality. The theory fares well on the issues such as the output power, practicality and clarity. The utilitarianism theory has problems with justificatory power, and the comprehensiveness. It has a straightforward process of decision-making. However, utilitarian theory has a limited practicality and justification based decisions. The theory is also criticizedfor its comprehensiveness as a moral philosophy but it fits well with issues of public policy (Dudziak 22).
Conclusion
In conclusion, affirmative action is crucial for establishing equality in the society. While the tents of affirmative action discourage any form of discrimination, there are other factors that people must consider some of which may offer solutions to racial profiling. On the other hand, education has helped in creating awareness on the evils of racial profiling. Today’s’ police officers are usually enhanced, educated, are more varied in gender and race and bring more life practices than officers of the past. In recent years, the profession has seen many changes and approaches to police training techniques such as altering in the recruiting process, hiring process, and sustained professional education. In addition to the conventional fundamental requirements, many posts in the police force require post-secondary educational requirements. As such, education has and will continue to play a role in counteracting racial profiling and so will affirmative actions and laws that prohibit racial profiling.
Although the likes of King and Staples made a large contribution in the struggle for racial equality, things have not changed much. There are instances in the US that still show how deep this problem continues to get. On the other hand, some whites continue to express their anger at policies such as affirmative action yet it is only available option to address racial inequality. If American truly wants to make King’s dream come true, people must make every effort to ensure the end of racial profiling in either law enforcement or other attributes. In fact, in the process of making the Americans safer, racial profiling becomes a liability. It is normal for race-based policing practices to distract the law enforcement officials and make them not to be able to see the real threats of dangerous behaviors.If Americans wants to become a more harmonious society, issue of racial segregation as well as isolation must be dealt with in a more practical manner. Affirmative action is a real tool in addressing these issues. The advantage of affirmative action is that it does not benefit only the minority group, but instead it benefits the whole society.
Works Cited
Barnard, William A., and Mark S. Benn."Belief Congruence and Prejudice Reduction in an Interracial Contact Setting." The Journal of Social Psychology128.1 (1988): 125-134. Print.
Campbell, Kristina M. "The Road to SB 1070: How Arizona Became Ground Zero for the Immigrants' Rights Movement and the Continuing Struggle for Latino Civil Rights in America." Harvard Latino Law Review 14 (2011). Print
Dudziak, Mary L. Cold war civil rights: Race and the image of American democracy.Princeton University Press, 2011. Print
Glenn, Evelyn Nakano. "Constructing Citizenship Exclusion, Subordination, and Resistance." American sociological review 76.1 (2011): 1-24. Print
Johnson, Devon, Daniel Brazier, Katrina Forrest, Crispin Ketelhut, Darron Mason, and Marc Mitchell."Attitudes toward the use of racial/ethnic profiling to prevent crime and terrorism." Criminal Justice Policy Review (2011): 0887403410381801.print
Omi, Michael, and Howard Winant."Racial formations." Race, class, and gender in the United States 6 (2004): 13-22. Print
Samuel, Museus, and Rican Vue. "Socioeconomic Status and Asian American and Pacific Islander Students' Transition to College: A Structural Equation Modeling Analysis." The Review of Higher Education 37.1 (2013): 45-76. Print.
