Criminal Justice Research Paper
Racial profiling has been a part of the American Criminal Justice system for the period within which it has been in existence. It was also rampant within North America for the period within which it was under colonization and prior to its formation. There has been little done in an attempt to map and root out the existence of racial proofing. Today however, there have been significant efforts that are geared towards ensuring that the problem faced by such groups of individuals is put to a stop and or reduced (CBS News Online , 2005).
The Fourth Amendment in the United States Constitution guarantees all individuals of the right not to be searched or have their goods seized without a warrant. On the other hand, the warrant needs to be issued when and if there is probable cause to do so. The Fourteenth Amendment also provides that all the citizens ought to be treated in a fair and just manner or equally under the law. This is the strongest indication that the US constitution, the Supreme Law of the land, is against the practice.
In 1944 for example, the Supreme Court in Korematsu v. United States was of the opinion that ethnic profiling was not against the law or unconstitutional and that the country had the right to practice it when there were national emergencies. There was the involuntary confinement of over 100,000 Japanese Americans based on their national origin and their ethnicity in the period during the Second World War. However, the ruling has been condemned ever since, with different legal scholars making their voices heard on the issue (Webster, 2007).
President George W Bush, the 43rd President of the United States of America, after public pressure that came about after the terrorist attacks on September 11 signed an executive order that banned the use of ethnicity, race or color by the different agencies. In as much as most people were skeptic about its functionality, it proved to be a branch of the executive that was against racial profiling.