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CJ500 Module Two Legal Policy Short Paper

Name of the Student

Department; Institution of Affiliation

Course Code; Course Name

Name of the Professor

Due Date
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Addressing Racial Profiling in Law Enforcement

Issue Presented

Question: "Does racial profiling in law enforcement negatively impact public perception of the

criminal justice system?"

This question encapsulates the main question of whether racial profiling engenders

negative perceptions about law enforcement on a mass scale. Racial profiling is the practice

where law enforcement officials target people based on their race or ethnicity and not on

particular evidence of committed or intended criminal behavior. This question underlines the

very important issue of fairness, trust, and justice that lies within the criminal justice system, as a

whole, because racial profiling generally causes discrimination, fear, and alienation among

minority groups. The issue invites an in-depth examination of whether these practices damage

the reputation and effectiveness of the police.

Short Answer

Conclusion: Racial profiling grossly depletes public confidence in law enforcement and hurts

the perception of the criminal justice system by cultivating a belief that there is, in fact, systemic

bias.

This concise review provided the necessary conclusion of the paper: that racial profiling

not only undermined community confidence but also fostered the belief that law enforcement

practices were riddled with bias. A perception that undermines the relationship between the

public and the criminal justice system and has particularly detrimental effects for minority

communities who may gradually feel targeted or alienated. This summary provides a concluding

overview for the deeper discussion of implications regarding the issue.

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Statement of Facts

Racial profiling has been one of the most contentious issues related to the Department of

Criminal Justice for a long time and has major implications in public perception. Several key

core facts include but are not limited to:

1. Perceived Impact on Public Perception: Racial profiling is, by most accounts,

discriminatory. When police base the suspicion of a crime on one's racial background,

this sends out that strong message to the public that everyone is not created equal in the

eyes of the law. Evidence has been sought to show how such beliefs may prove to

undermine trust and cooperation between a community and law enforcement and how

they have adverse effects on public safety. A report by Tapp et al., (2020), explained that

the levels of apprehension from law enforcement among African-Americans and

Hispanics are much higher because they truly believe it speaks to biased law enforcement

repressively targeting minorities.

2. Community Effects: The implication of racial profiling is bringing in a tendency to

victimize the minority communities, or placing them under suspicion. The result is a

vicious circle wherein such communities perceive the agents of law enforcement not as

protectors but enforcers who practice differential treatment based on one's race or ethnic

background (Tapp et al., 2020). Consequences of this feeling of alienation extend to even

broader social effects: increased tension between law enforcement and the community,

and reduced engagement in community programs aimed at improving neighborhood

safety.

3. Institutionally, it degrades law enforcement and criminal justice reputations. Continuous

profiling incidents mean the breakdown of public confidence in the police as

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representative of fairness, neutrality, and equal justice. When these incidents of racial

profiling reach high-profile status and become part of the nation's news headlines, they

bring to the fore biases inside law enforcement that heighten demands for reform and

accountability (Ramirez et al., 2000). This negative perception erodes efforts by agencies

to serve effectively within their communities, building cooperation and mutual respect

from a position of weakness.

Discussion

History of the Issue

Racial profiling, especially in the United States, goes back many decades, but the practice

shifts and changes with policy and other societal seismic shifts regarding race and crime.

Different high-publicity reports that came out of the 1990s-most notably, the 1999 US

Department of Justice study on racial profiling in traffic stops-put into the public view that

indeed this was an ongoing practice and particularly targeted African American and Hispanic

drivers who were being stopped by law enforcement at rates disproportionate to the population

(Ramirez et al., 2000). This study served as the catalyst for this wave of public outcry and calls

for reform, and it began debates on the ethical and legal propriety of profiling based on race or

ethnicity.

Legal Precedents

Much has been done on legal and legislated levels to try to curtail the practice of racial

profiling. The "stop and frisk" policy, which came out of the landmark case of Terry v. Ohio, 392

U.S. 1 (1968), authorized police officers to stop and search anyone who, acting in a suspicious

manner, appeared to be committing a crime. This policy has, at least in practice, often translated
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to racial profiling because it gives officers a lot of leeway to determine what "reasonable

suspicion" is. The ERPA has been proposed at least three different times to finally deal with these

issues once and for all, but it has never been passed. This legislation prohibits racial profiling at

all levels of law enforcement and will provide agencies with policies to ensure accountability and

transparency in policing practices.

Current Relevance

Even with those historical landmark events in place, racial profiling is a current issue in

law enforcement. Recent events where unarmed Blacks have been shot by police have reignited

discussions about racial profiling and police reform (Ramirez et al., 2000). The ease of access to

social media and videos of these interactions has raised public awareness and questioned law

enforcement practices to the national level-a cacophony of voices calling for criminal justice

reform.

Recommendations

 Train on Implicit Bias and Cultural Competency: The process of implementing

compulsory training to all law enforcement personnel can be an added way to help

officers recognize and mute their unconscious bias. Research evidence indicates that

training in Implicit Bias and Cultural Competency increases the officers' awareness of the

unique and diverse communities they serve (Walsh, 2021). This encourages police to

make judgments based more on behavior instead of racial characteristics. For example,

the New York Police Department reported fewer complaints about bias after similar

training.
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 Data-Driven Monitoring and Transparency: Police should collect and publicly release

data on stops, searches, arrests, and other police-citizen encounters by race and ethnicity.

Identification of disparities serves as a catalyst that invites scrutiny by policy makers and

the public in outlining trends of discrimination. Reporting transparency would also

facilitate agencies in tracking changes longitudinally and testing the effectiveness of

reforms (Walsh, 2021). For instance, California's state Racial and Identity Profiling Act

now requires such reporting, constructing a paradigm for transparency and accountability

to which other agencies can aspire.

 Community Engagement Initiatives: Building and establishing relationships with

community leaders/organizations creates mutual trust and understanding. With regular

meetings, public forums, and community policing initiatives, the channels of

communication remain open, and the residents feel empowered to voice their concerns.

This has proved quite effective in certain cities such as Boston, where the police

department has worked closely with community leaders to address profiling concerns and

rebuild trust.

Expected Outcomes

 With increased transparency, along with active involvement in the communities within

which agencies reside, public perception remains favorable, and additional cooperation

with law enforcement efforts is achieved.

 Reduced profiling incidents: Policies that are stated and followed by properly trained

enforcement officers take into consideration the decisions they will be making.
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 Better Agency Credibility: The culture of transparency and accountability concurs with

ethical standards and hence meets people's expectations of the agency for justice and

equity.

Conclusion

Racial profiling in law enforcement continues to be a multilevel issue that has

continuously marred both the reputation and performance of the criminal justice system. It

fosters discriminatory behavior, thus leading to numerous negative burdens being placed

increasingly on minority communities. Such practices are bound to foster alienation, distrust, and

fear between law enforcement and members of the communities. A perception that is so harmful

to public confidence and criminal justice commitment to the principles of fairness, equality, and

justice-seeing that trust is undermined when particular communities believe that they are targeted

illegally. Addressing this issue is essential to restoring the public’s confidence in law

enforcement and ensuring a just and equitable system for all.

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References

Ramirez, D., McDevitt, J., & Farrell, A. (2000). A Resource Guide on Racial Profiling Data

Collection Systems A Resource Guide on Racial Profiling Data Collection Systems

Promising Practices and Lessons Learned. [Link]

Tapp, S., Davis, E., & Statisticians, B. (2020). Special Report Contacts Between Police and the

Public, 2020. [Link]

Terry v. Ohio, 392 U.S. 1 (1968)

Walsh, C. (2021, February 23). Solving racial disparities in policing. Harvard Gazette; The

Harvard Gazette. [Link]

disparities-in-policing/