1

Policy Implementation and Racial Profiling

Student’s Name

Institutional Affiliation

Course

Instructor

Date
 2

Policy Implementation and Racial Profiling

Introduction

The struggle on how to deal with perceptions of racial profiling has turned out to be a

major challenge in many police departments across the United States. Recently, police

departments have been criticized for applying excessive force, including shooting against young

black people. Pozo (2016), states that the proportion of blacks in prisons across the United States

is not proportionate with their composition in the general population. Therefore, some sections of

the population believe that the enforcement department is intentionally profiling the minorities

for arrests, searches, and stops. Consequently, the minority communities have a negative

perception of the enforcement department and the work they do.

According to Myers (2017), racial profiling is experienced when an enforcement officer’s

action is only executed based on nation of origin, race, and ethnicity of the suspect, not conduct

or any information held by the department about the individual. Mass incarceration can be

eliminated by controlling and eradicating racial profiling in law enforcement system which also

promotes equality, justice and the system effectiveness. Unfair surveillance and arrests of black

people and minorities causes ineffectiveness in criminal justice system that violates the

constitution through racial profiling. Additionally, racial profiling leads to wastage of resources

since police focus on surveillance of innocent people instead of combating crime that is a serious

threat to society. The essay will be answering the question; “can policy creation and

implementation eliminate racial profiling?” This paper will highlight the ethical dimension and

how policies against racial profiling can provide a guide to help law enforcement departments

eradicate this ineffective approach.

Ethical Dimension
 3

Is it ethical to prejudge people solely based on their nationality, skin color, or ethnicity?

The act of suspecting people of committing a crime based on their race or ethnicity by police

officers is a discriminatory practice which defines racial profiling. Examples include minority

drivers being stopped for petty traffic violations over whites or searching black people in the

streets under suspicion that they may be possessing illegal contraband. Discriminatory omission

is another ethical dimension of the law enforcement policies and an aspect of concern when

serving justice. It involves choosing to overlook committed crimes based on the race of the

suspected criminal, which is another vital yet ignored element of racial profiling (Harton &

Broussard, 2015). These instances of racial profiling are justified by police officers. Racial

profiling has been held as a belief by some citizens to be an effective way to fight crimes.

Although in some cases it has been argued as necessary from different approaches, subjecting an

individual to profiling based on ethnicity is unethical. Fore profiling to be considered in line with

fairness and justice procedures, the race must be a significant variation between people deemed

potential lawbreakers. Otherwise, targeting some ethnic groups and not others for profiling

builds inequality and injustice.

Racial profiling is a continuous problem in the United States despite being in the post-

racial period. Instances of profiling are reported in different cities and towns across the United

States when minorities based on ethnicity, race, and nationality are targeted for interrogations,

arrests, and search without proof of criminal activity by private security and law enforcement.

Equal protection under the law and freedom from unwarranted searches is a core promise by the

U.S constitution which is continuously violated by police officers through illegal activities like

racial profiling, which isolates minority communities from law enforcement. It also impedes
 4

focus on community policing and leads law enforcement to lose integrity and trust among

citizens who have sworn to serve and protect (Ryberg, 2018).

Guiding Question

The guiding question on whether policy creation and implementation can eradicate racial

profiling forms an important point of discussion since this policy is meant to be a fundamental

resource for law enforcement agencies. Racial profiling policy outlines the comprehensive

guideline to be adhered to by law enforcement bodies together with following legal requirements

and creating trust with marginalized groups. Decisions by law enforcement officers on whom to

arrest, stop, or search should not be based on or determined by race and ethnicity or religion. In

some instances, law enforcement officers can make decisions based on race of an individual if it

provides credible description of the suspect. Also, the agency’s policy must clarify that ethnicity

can only be used together with other physical outlooks to match a suspect’s description.

Racial profiling is illegal and unconstitutional as stated by an effective racial profiling

policy. A police officer must ascertain articulable suspicion of an individual who has committed

a crime before making an arrest as stated by the Fourth Amendment. Law enforcement officers

cannot use race to express reasonable suspicion which is unethical unless they prove that an

individual matches the credible suspect description that comprises of other identifiable physical

appearances besides race. Law enforcement officers are also prohibited from stopping motorists

who commit a traffic violation; hence the officer would not have detained an individual of a

different race for a similar offense. This creates unequal enforcement and is unethical to violate

the ban by the constitution on racial discrimination (Pollock, 2016). Besides, racial profiling

weakens effective police work as explained by an effective racial profiling policy. Local law

enforcement’s contribution to immigration enforcement and racial profiling lead to mistrust and
 5

integrity issues in the police. Security agencies have recognized that lack of trust for law

enforcement officers makes it hard to eliminate crime because people of color and minority

groups will not be willing to cooperate with the police departments.

Conclusion

Law enforcement officers practicing racial and criminal profiling have remained a

widespread challenge through the United States, affecting the lives of millions of people of color

and the minorities. It is illegal, unconstitutional, unethical, counter-productive, and socially

corrupting to practice racial profiling. The act involves discriminatory practice by police officers

targeting people belonging to minority groups for suspicion of a crime. The reliance on a set of

characteristics police believe to be linked with a crime is generally criminal profiling. The

continued inability or unwillingness of the United States administration to legislate effective

federal laws prohibiting profiling has remained a major obstacle to the elimination of racial

profiling and has binding impact on law enforcement agencies. Racial profiling policy is a

primary resource for law enforcement bodies. Therefore, whether policy creation and

implementation can eradicate racial profiling is an essential subject that has always attracted

discussions from different spheres of security experts.

 6

References

Harton, H., & Broussard, K. (2015). Why Racial Profiling Exists and What We Can Do To

Prevent It Why Racial Profiling Exists and What We Can Do To Prevent

It. Psyccritiques, 6060(3333). https://doi.org/10.1037/a0039222

Myers, S. (2017). Analysis of racial profiling as policy analysis. Journal Of Policy Analysis And

Management, 21(2), 287-300. https://doi.org/10.1002/pam.10030

Pollock, J. (2016). Ethical dilemmas and decisions in criminal justice+ lms integrated for

mindtap criminal justice ... 1-term access. Wadsworth.

Pozo, B. (2016). Guided by Race: An Ethical and Policy Analysis of Racial Profiling in Law

Enforcement Decision-making. QUT Law Review, 1(2).

https://doi.org/10.5204/qutlr.v1i2.77

Ryberg, J. (2018). The Ethics of Racial Profiling: Introduction. The Journal Of Ethics, 15(1-2),

1-2. https://doi.org/10.1007/s10892-010-9097-4