Racial Profiling essay

Racial profiling has several definitions owing to the vast nature of the different aspects it seeks to put across. One of the most common definitions derived from the phrase is the deliberate consideration of the national origin of an individual, their race or ethnicity by an officer of the law while considering the manner in which he or she would intervene and the capacity of the enforcement required.

Law enforcement officers usually perceive that certain groups and or types of individuals are more likely to commit crime as opposed to other groups. The police officers observe the general characteristics of a certain group of individuals and thereafter come up with a profile on their probability to commit crime within a certain provided area. A good example would be an individual considered poor if seen within or around an area that is affluent can be considered a danger simply owing to the fact that they are deemed to have criminal intent. In the same context, in the case that an individual dwelling in a poor neighborhood has access to expensive things, it could be concluded that such an individual is involved in acts such as drug dealing and or generally, acts of crime.

This is a general perception carried over the years particularly owing to the observations made by the law enforcement officers concerning crimes and crime rates in different areas. It is solely based on the minds of the law enforcement officers rather than what could be proven at a particular time. This is what has been the basis of the arguments as brought forward by the officers tasked with handling crime in such areas.

The origin

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.