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Argues that racial profiling by police officers, highway troopers, and customs officials is morally reprehensible and does not help catch criminals, but rather contributes to the moral decay of American society.
The Crisis, founded by W.E.B. Du Bois as the official publication of the NAACP, is a journal of civil rights, history, politics, and culture and seeks to educate and challenge its readers about issues that continue to plague African Americans and other communities of color. For nearly 100 years, The Crisis has been the magazine of opinion and thought leaders, decision makers, peacemakers and justice seekers. It has chronicled, informed, educated, entertained and, in many instances, set the economic, political and social agenda for our nation and its multi-ethnic citizens.
Karen S. Glover investigates the social science practices of racial profiling inquiry, examining their key influence in shaping public understandings of race, law, and law enforcement. Commonly manifesting in the traffic stop, the association with racial minority status and criminality challenges the fundamental principle of equal justice under the law as described in the U.S. Constitution. Communities of color have long voiced resistance to racialized law and law enforcement, yet the body of knowledge about racial profiling rarely engages these voices. Applying a critical race framework, Glover provides in-depth interview data and analysis that demonstrate the broad social and legal realms of citizenship that are inherent to the racial profiling phenomenon. To demonstrate the often subtle workings of race and the law in the post-Civil Rights era, the book includes examination of the 1996 U.S. Supreme Court's Whren decision-a judicial pronouncement that allows pretextual action by law enforcement and thus widens law enforcement powers in decisions concerning when and against whom law is applied.
This book employs a careful, rigorous, yet lively approach to the timely question of whether we can justly generalize about members of a group on the basis of statistical tendencies of that group. For instance, should a military academy exclude women because, on average, women are more sensitive to hazing than men? Should airlines force all pilots to retire at age sixty, even though most pilots at that age have excellent vision? Can all pit bulls be banned because of the aggressive characteristics of the breed? And, most controversially, should government and law enforcement use racial and ethnic profiling as a tool to fight crime and terrorism? Frederick Schauer strives to analyze and resolve these prickly questions. When the law “thinks like an actuary”—makes decisions about groups based on averages—the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. And many stereotypes are self-fulfilling, while others are simply spurious. How, then, can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization? These decisions must rely not only on statistical and empirical accuracy, but also on morality. Even statistically sound generalizations may sometimes have to yield to the demands of justice. But broad judgments are not always or even usually immoral, and we should not always dismiss them because of an instinctive aversion to stereotypes. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.
Perry argues that racism in America has moved into a new phase--post-intentional For a nation that often optimistically claims to be post-racial, we are still mired in the practices of racial inequality that plays out in law, policy, and in our local communities. One of two explanations is often given for this persistent phenomenon: On the one hand, we might be hypocritical—saying one thing, and doing or believing another; on the other, it might have little to do with us individually but rather be inherent to the structure of American society. More Beautiful and More Terrible compels us to think beyond this insufficient dichotomy in order to see how racial inequality is perpetuated. Imani Perry asserts that the U.S. is in a new and distinct phase of racism that is “post-intentional”: neither based on the intentional discrimination of the past, nor drawing upon biological concepts of race. Drawing upon the insights and tools of critical race theory, social policy, law, sociology and cultural studies, she demonstrates how post-intentional racism works and maintains that it cannot be addressed solely through the kinds of structural solutions of the Left or the values arguments of the Right. Rather, the author identifies a place in the middle—a space of “righteous hope”—and articulates a notion of ethics and human agency that will allow us to expand and amplify that hope. To paraphrase James Baldwin, when talking about race, it is both more terrible than most think, but also more beautiful than most can imagine, with limitless and open-ended possibility. Perry leads readers down the path of imagining the possible and points to the way forward.
This book analyses the usefulness of terrorist profiling utilised by law enforcement officers as a pre-emptive means to assist them in the detection, prevention and deterrence of terrorism and/or its preparatory activities. It explores two main themes arising from the phenomenon of terrorist profiling: the lawfulness of terrorist profiling and the utility of profiling. These two themes are explored in three separate parts. Firstly, the book begins by drawing upon human rights concerns arising from the use of terrorist profiling by law enforcement officers. Secondly, an analytical framework capable of making determinations on the usefulness of terrorist profiling. This framework develops a profiling spectrum that ranges from formal and informal manifestations of terrorist profiling that forms the basis for evaluating its usefulness. Finally, the book presents an examination of various manifestations of terrorist profiling by separating the analysis of the ‘construction’ of profiles on the one hand, from their ‘application,’ on the other, so as to be able to identify and examine profiling’s usefulness as a technique to assist law enforcement officers make predictions about likely offender characteristics. This book ultimately concludes that terrorist profiling should only be conducted by undertaking a systematic assessment of the construction of profiles separate from the application of profiles whilst simultaneously taking into account fundamental human rights concerns with the practice of terrorist profiling. The work will be an essential resource for academics, law enforcement officers and lawyers in the disciplines of law, criminology, human rights, criminal justice and policing. As the book engages with terrorist profiling, it will also be of interest to those engaged in the psychology of terrorism.
This book focuses on the debate surrounding racial profiling in the United States--including a historical look at criminal profiles and U.S. government initiatives like Japanese-American internment during WWII through to the modern anti-terrorist age--through scholarly opinions, statistics, and studies.
An unbiased examination of profiling in the criminal justice system—one of the most hotly contested public policy issues—on the streets, in the courts, and in the jails and prisons of America. In the post-9/11 world, profiling by law enforcement has become "standard operating procedure." Profiling by prosecutors, judges, and corrections officers is pervasive in other criminal justice contexts as well. Is profiling actually effective in preventing crime or identifying likely offenders and therefore justifiable? This accessible, single-volume reference book examines profiling as it pertains to the criminal justice system in the United States, providing non-partisan information that illuminates the full scope of the profiling issue and discusses the possible impact of profiling on all American citizens. Addressing this highly controversial topic holistically, the book considers questions such as whether the criminal justice system in the United States unfairly targets minorities, how the rights of minorities can be protected while enabling law enforcement to use every resource available, and whether justification for profiling techniques exists. This work will serve students at the high school and college level as well as general readers who are interested in criminal justice issues and issues relating to equality and fairness before the bar of justice.
The Crisis, founded by W.E.B. Du Bois as the official publication of the NAACP, is a journal of civil rights, history, politics, and culture and seeks to educate and challenge its readers about issues that continue to plague African Americans and other communities of color. For nearly 100 years, The Crisis has been the magazine of opinion and thought leaders, decision makers, peacemakers and justice seekers. It has chronicled, informed, educated, entertained and, in many instances, set the economic, political and social agenda for our nation and its multi-ethnic citizens.
“At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.