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Rev. Dr. James A. Kowalski

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Everything Wrong With Racial Profiling

Posted: 04/25/2012 12:01 pm

"...God is light and in him there is no darkness at all ... if we walk in the light ... we have fellowship with one another..."
--1 John 1:2

"The central problem is that ... the general public and most academics are entirely comfortable using the kind of generalizations, stereotypes, and profiles based on group traits that underlie racial profiling. The public supports the use of statistical discrimination across the policing and law enforcement spectrum in the United States ... [as] a matter of plain common sense. ... Truth is, statistical discrimination permeates policing and punishment in the United States today. From the use of the I.R.S. Discriminant Index Function to predict potential tax evasion, to the drug-courier and racial profiles to identify suspects to search at airports and on the highways, to risk-assessment instruments to tag violent sexual predators, prediction instruments increasingly determine individual outcomes in policing, enforcement, sentencing, and correctional practices..."
--Bernard E. Harcourt, "Henry Louis Gates and Racial Profiling: What's the Problem?"

Prosecutors have not charged George Zimmerman with uttering a racial slur. In this obviously
racially charged and tragic case, prosecutors have alleged that Zimmerman profiled Martin just before the shooting. Legal experts explain that profiling does not necessarily mean racial profiling. The common law enforcement practice uses perceived "facts and circumstances" to determine whether someone may be committing a crime. Most of us support efforts to identify perpetrators by analyzing crimes and the way they are committed, both to track criminals and to prevent crime. Profiling records and classifies our behaviors. As the Electronic Privacy Information Center explains:

"This occurs through aggregating information from online and offline purchase data, supermarket savings cards, white pages, surveys, sweepstakes and contest entries, financial records, property records, U.S. Census records, motor vehicle data, automatic number information, credit card transactions, phone records (Customer Proprietary Network Information or "CPNI"), credit records, product warranty cards, the sale of magazine and catalog subscriptions, and public records."

We now have what is called "Customer Relations Management" (CRM) or "Personalization" -- a new industry -- birthed by the demand for such analyses.

Racial profiling is more specific in that it disproportionately targets people of color for investigation and enforcement. The ACLU has argued that such discrimination alienates communities from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people they are sworn to protect and serve. They conclude that "countless people ... live in fear [because of] a system of law enforcement that casts entire communities as suspect."

Adam Serwer, writing for Mother Jones, used the profiling of the Muslim community to caution a similar boomerang affect from abuse or misunderstanding within communities. As Server stated,

"It's no secret that New York City is a huge target for terrorism ... however, the Associated Press has shown that the New York City police have responded to that threat by treating its entire Muslim community like possible suspects. That approach harms the NYPD's ability to respond to threats in the future, since American Muslims are frequently the ones who alert law enforcement to potential threats."

When University of Chicago's Professor of Law and Political Science Bernard E. Harcourt presented a paper at the Malcolm Wiener Inequality & Social Policy Program at Harvard University in 2009, he discussed the racial issues concerning the arrest of Professor Gates. He suggested that the inherent racial profiling bothered many of us most. But Harcourt's warning focused beyond racial discrimination or profiling, as he argued that the underlying premises and basic mathematical assumptions are faulty, saying that:
"... the problem with racial profiling is precisely the misguided use of statistical discrimination in situations where there are potential feedback effects. The problem is that our customary and ordinary forms of rationality, our 'odds reasoning,' our daily uses of statistical discrimination are leading us astray. Race is the miner's canary that signals -- or should signal -- the larger problems of statistical discrimination and profiling. And until we properly understand the problems of statistical discrimination writ large, I fear that we will make little progress on racial profiling." ("Henry Louis Gates and Racial Profiling: What's the Problem?," Bernard E. Harcourt, 2009)

Events of Sept. 11 recast the profiling issue. Public opinion had become strongly against racial profiling in particular. But those terrorist attacks tipped the balance toward reimagining profiling as necessary to fight terrorism. That makes the work of people like David A. Harris, Professor of Law and Values at the University of Toledo College of Law and a Soros Senior Justice Fellow, even more important. What if racial profiling is not only morally wrong but also ineffective? Harris is considered to be one of this nation's leading authorities. His book, "Profiles in Injustice: Why Racial Profiling Cannot Work" (2003), directly challenges the assertion of law enforcement that profiling is an effective crime-fighting tool. Publisher's Weekly, in reviewing Harris' book wrote:
"[Harris] analyzes how each, aside from often not passing basic legal or ethical standards, nearly always fails to discover criminals or deter crime. These conclusions are supplemented by his often surprising analysis of arrest statistics: the New York attorney general's office shows that even though more blacks than whites were stopped and frisked for concealed weapons, the arrest rate of whites for violations was actually higher, while composite profiles of convicted criminals are skewed because 54.3% of violent crimes are never reported to the police. Other studies show just how difficult it is to guess someone's race just by looking at them."

The ineffectiveness goes to catching criminals and to preventing crime. Harris added a new chapter to examine how the events of Sep. 11 impacted public opinion and policy.

According to the New York Post, George Zimmerman has dreamed of a life in law enforcement for more than a decade. A longtime neighbor, retired clergy George Hall, told reporters that Zimmerman wanted to join either the state police or the county police. "But instead of becoming a real cop, he lived out his big blue fantasy by tracking down stray dogs, 'suspicious' children and other intruders in his gated Florida community," wrote reporters Oliveira and Buiso in the New York Post.

Now the justice system will determine what went wrong and whether or not a crime was committed. What we know for sure is that Trayvon Martin is dead. We may also learn again that the false assumptions that undergird all sorts of profiling endanger our citizens and visitors, and divide us against each other.

 
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08:34 PM on 04/30/2012
The lack of profiling is the reason babies and old ladies are being patted down by the TSA.
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10:20 AM on 04/30/2012
A little applied common sense would help. It's one thing for knowledge of a suspect's race to inform, quite another for it to cause tunnel vision.
11:51 AM on 04/29/2012
Racial profiling is a difficult issue to say the least and I believe the article is to that point. If we would be honest with ourselves we would all be guilty of "profiling" to some degree. Our history as a nation will prove this with a little investigation particularly when waves of new immigrants came to our shores. For example, look up "Nordicism" , political cartoon regarding Irish immigrants and the list goes on. In 1963 Dr. Martin Luther King Jr. said in his "I have a dream" speech; "I have a dream that my four little children will one day live ina nation where they will not be judged by the color of their skin but by the content of their character". Nearly 50 years later we are still dreaming. PEACE
07:41 PM on 04/28/2012
Regarding racial profiling. If a crime is committed in our country by a white man..then it is a white man the police look for??!! If a crime is committed by a black/asian/hispanice/etc..that is who they look for!!?? That is what we want to call profiling? How else would you look for a person, whether for a crime or missing or killed,etc..if NOT to racially profile. We are a multiracial nation. By trying to make profiling a bad thing..we are behaving as if being anything other than white/causasian is to be lesser than...That is what whites teach others of a different skin color by making profiling a bad thing. As for profiling by asking for ID...I am a white US born citizen. I HAVE to show my id everywhere I go to do business. Banks,stores,medical offices...I even have to prove who I am when I enter my own office building or my doctor's office (20 years). A large health system. I have to WEAR a large name tag to even enter the buildingAmericans in other countries carry US id...passports, etc. American citizens living or traveling abroad show who they are, where they are from, & why they are there, living? Visiting? On business? That is what I am asked each time I travel to Canada. My neighboring country. Profiling? So?
07:15 PM on 04/28/2012
I must speak up in favor of generalizations. Here are some sound generalizations: Government and healthcare systems are treacherously wrong, whereas arts and culture, science and religion are still evolutionary. Selflessness is good, selfishness is bad. Generalizations can be dangerous, but mostly, generalizations are safe. If only law enforcement profiling was not limited to racial profiling, so many innocent people would not have a basis for complaint, and making observations in nature would hold a higher value in society. We should all find ways to be on the lookout against greed ignorance and hatred to protect the innocent and the weak, and to better guide children and the simpleminded. Greed ignorance and hatred must be eliminated, and generalizations are necessary to achieve that goal.
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OCerInTN
Hoplophobics worst nightmare.
02:11 AM on 04/28/2012
Reverend, when a population group that comprises only 13% of the total national population is responsible for over 50% of all violent crime nationally, is it really racial profiling?

Any given murder in the US is 50.5% likely that it was committed by a black person. It is 96% likely that it was committed by a male.

Any given assault in the US is 59% likely to have been committed by a black person. It is 89% likely that it was committed by a male.
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goboinouterspace
So who's paying for all the psychics?
04:33 PM on 04/28/2012
Link to these statistics please.
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MarcEdward
likes all cats more than most people
07:16 PM on 04/28/2012
That link would probably be up his rear end, where he got his statistics.
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OCerInTN
Hoplophobics worst nightmare.
11:46 PM on 04/28/2012
I'll let you start with http://en.wikipedia.org/wiki/Crime_in_the_United_States.
09:37 PM on 04/27/2012
How do we begin to console parents who have lost their child in these circumstances?
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BlairCase
05:28 PM on 04/27/2012
The allegation that Zimmerman used a racial slur has long been proven false. George Zimmerman has African, Native American and European ancestry. His great grandfahter was black. He grew up in a multiraical family, which has black members. He partnered with his best friend, an African American, to launch an AllState insurance agency. Allegations that Zimmerman is a racist aren't going to stick. The gated community that Zimmerman patroled as a member of the neighrohood watch group is 50% white, 25% black and 25% Latino. Zimmerman knew most residents of the small gated community by sight, including the black residents. In his previous phone calls to police. some of which resulted in arrests, he referenced people he "didn't know" or had "never seen before." The neigborhood had been hit by a string of home break-ins. Homeowners reported seeing black teenagers fleeing the scene of many of the break-ins. Some encountered black teens inside their houses. This is why Zimmerman would regard a black teen he had never seen in the neighborhood with suspicioun. If white or Latino teens had been implicated in the break-ins, he would have regarded unknown white and Latino teens with suspicion. A black resident recently told Reuters that she too viewed black teenagers who entered the gate community from surrounidng neighborhoods with suspicion. This might be profiling, but it's also common sense.
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02:04 AM on 04/28/2012
First you say that Zimmerman didn't profile the boy, then you give what you believe is the justification for his decision to do just that to the extent that he would openly follow him TM and become involved in a hostile confrontation when the boy was doing nothing other than walking down the street. Zimmerman doesn't get a pass just because he has some black ancestry. He obviously has an inability to individualize young black boys. He has an emotional problem and that problem cost TM his life.

I was robbed at knife point once, by two white guys, believe it or not. I was an emotional wreck for weeks. Should I have armed myself and been trigger happy if an issue came up with the next white guy that crossed my path? Thank God the thought never crossed my mind.

There is no excuse for what Zimmerman did. Trayvon Martin paid the price for other people's wrongdoing. Would that be okay if you were the victim? People of all races and genders commit heinous and despicable crimes. Should victims be excused for declaring open season on the next person of that race or gender who crosses their path? That is ludicrous.

It takes a lot of emotional strength and maturity to stay positive and constructive in a hostile environment where negative profiling predominates. Is it a big surprise that many boys lose that battle? Profiling of children is PSYCHOLOGICAL CHILD ABUSE.

All children should be treated with love.
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phal4875
The world is run by cats; we just feed them.
12:49 PM on 04/28/2012
Fanned for sense and decency.
02:29 PM on 04/25/2012
There a song written by Andre Crouch Don't let hatred be among you there is no hatred in Christ. I've stated this should have never happened now we have people being attack that have nothing to do what occurred with Trayvon and Mr. Zimmermann . I have a son and a daughter everything changes, but for those who think hurting people because your are trying to justified what happened to Trayvon.That not the answer we as a nation whatever your back ground is let's not turn to HARM ANYBODY.