the criminology and criminal justice network
How does racial profiling affects community policing?
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Permalink Reply by Jeffrey P. Rush on -
It is rare for cops to stop people for "no apparent reason." Cops stop people for a variety of reasons, some serious, others not so much. The Supremes have already established that stopping someone for a violation of A, when you think violation B might also be involved is OK.
As a result, pretextual stops are OK and do no amount to racial profiling, which cops don't do anyway.
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Permalink Reply by Prof. Dano Kraig Fernandez, MJA on -
Great response Jeff. Thus, the post 9/11 terrorist attacks racial profiling becomes part of police and law enforcement routines. Federal law enforcement officers or even State law enforcement officers have conducted many stops (because he or she fits the description of a certain group who belongs to the 9/11 perpetrators' looks and race) with or without apparent reasons. According to Section 412 of the Patriot Act the premise states that, "it permits the Attorney General of the United States to detain aliens he certifies as threats to national security for up to seven days without bringing charges. The standard to establish grounds for detention is the familiar reasonable suspicion standard enunciated by the Supreme Court in Terry. The certification by the AG must set forth that he has "reasonable grounds to believe" the person being detained will commit espionage or sabotage, try to overthrow the government, commit terrorist acts, or otherwise engage in acts that would endanger national security" (Retrieved from http://www.acluva.org/publications/patactmanualFeb2006.pdf). At the conclusion of seven days, the detention may continue in the event the alien is charged with a crime or violation of visa conditions. But if circumstances prohibit the repatriation of a person for an immigration offense, the detention may continue indefinitely so long as certified by the attorney general every six months. Under the USA Patriot Act, the prospect exists that a person who is confined for a violation of conditions of entry into the US, but cannot be deported to his or her country of origin, may be indefinitely confined here without criminal charges ever filed against them.
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Permalink Reply by Jeffrey P. Rush on
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First I'm OK with this, if that's what the Patriot Act says.
With respect to terrorism, especially international, we know who the primary perpetrators are. Profiling is done by many professions, including criminal justice. It just makes sense. It's criminal profiling, not racial profiling, where race is a consideration, a factor but not the only or even the primary factor.
When the vic tells us a b/m raped her, does it make any sense to begin stopping w/m's or a/m's or even h/m's? I think not.
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Permalink Reply by mario a garcia on
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it depends on who's authority the stopping was made and as to what purpose of the stopping.
in today's situation where global security is threatened by terrorism, countries around the globe promulgates their domestics laws to check on suspicious or foreign nationals entering the country. given for example, country A, by intelligence report, there are terrorist who successfully entered the country and are given the mission to create chaos, the the government orders its law enforcement to stop and check anybody foreigner or local citizens for verification purposes, the order is general hence, there maybe no specific reason. the stopping is not a discriminatory one.
nevertheless, in a country which has a close border policy, declares among others to crack on non citizens for the purpose of any charges to compel them to leave the country, then the stopping is pretextual or pre-designed.
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