The impact on civil liberties is the most important factor to consider when determining whether or not racial profiling is legal. Racial profiling has been widely criticized as a violation of the United States Constitution’s Fourth Amendment, which bans arbitrary searches and seizures, as well as the Fourteenth Amendment, which ensures equal protection under the law (Sidebari, 2020). When law enforcement personnel target people based on their race, ethnicity, or national origin, they violate these fundamental rights. Such techniques lead to over-policing and detention of minority populations, increasing existing imbalances in the criminal justice system (Kogan et al., 2024).
These problematic facts are visible in America’s judicial system, where African Americans and other marginalized communities are overrepresented in prison populations and have seen an alarming increase in police-related shootings.
Racial profiling can also have a negative influence on relationships and the general structure of society. When law enforcement agents disproportionately target certain racial and ethnic groups, they promote damaging stereotypes and exacerbate existing societal divides (Laurencin & Walker, 2020). This practice causes racial tensions, animosity, and prejudice, eventually decreasing the connections that lead to communal unity. The psychological and emotional toll on individuals targeted is immense, sometimes resulting in emotions of humiliation, anger, fear, and a profound loss of faith in law enforcement and the criminal justice system as a whole (Carvalho et al., 2021).
Moreover, the results of racial profiling can damage minority communities’ trust in law enforcement and the criminal justice system. When these groups are unfairly targeted, confidence decreases making people hesitant to assist with authorities in reporting crimes, giving critical information, or acting as witnesses (Delsol, 2019). The absence of confidence and collaboration interferes with efficient law enforcement and crime prevention. Furthermore, rising tensions between police and the communities they are supposed to protect frequently result in protests, standoffs, and even explosions as a response to the injustice and systemic discrimination that these communities suffer.
Counter Arguments
One of the most important arguments for racial profiling is that it is important for crime prevention and public safety. Proponents believe that it enables law enforcement to target populations that are statistically more likely to engage in illegal activity (Harris, n.d.). For example, New York City’s “stop and frisk” strategy, which concentrated on African Americans and Hispanics, has been associated with considerably reducing crime rates (Das & Bruckner, 2023). However, multiple studies have shown that racial profiling is usually useless in reducing crime.
According to Bacher-Hicks & De La Campa, (2020), the “stop and frisk” program did not directly influence crime rate reduction. Ironically, racial profiling commonly alienates and marginalizes minority groups, possibly leading to higher rather than decreased crime rates. By applying this unfair practice, law enforcement and policymakers risk accomplishing the reverse of their purported purpose of promoting safety and reducing crime.
Another common argument in support of racial profiling is that it is not discriminatory or unlawful if it is based on crime data and statistics indicating that specific racial or ethnic groups are more sensitive to engaging in criminal activity (Burt et al., 2019). However, racial profiling is inherently biased because it targets people based on their race or ethnicity rather than their conduct or other relevant features. This approach violates both the Equal Protection Clause of the Fourteenth Amendment and the Fourth Amendment’s prohibition on unreasonable searches and seizures (Justice US Law, n.d.).
The United States Supreme Court has consistently decided that race alone cannot be used to justify law enforcement activities (Hasbrouck, 2021). Furthermore, using crime data and statistics to support racial profiling is fundamentally inaccurate. Such data is frequently distorted, and impacted by systematic racism and the over-policing of minority populations (Richardson, 2021). As a result, racial profiling reinforces racial prejudices and encourages further discrimination.
Alternatives to Racial Profiling
Alternatives that are capable of handling crime while preserving public safety without turning to discriminatory methods must be taken into consideration in light of the numerous negative consequences of racial profiling. One possible strategy is intelligence-led policing, which targets specific criminal behaviors and activities rather than racial or ethnic groupings (Khalfa &
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