Abstract
The issue of racial and ethnic bias in policing has been the focus of legal and criminal justice scholarship, court action, and public debate in the U.S. for a number of years. The issue has also been prominent in criminal justice scholarship, public discussion, and policy making in other countries, particularly the U.K., for an even longer period. This article surveys the history of the issue in the U.S. and attempts to give scholars and policy makers the benefit of the insights gained through the U.S. experience in handling the issue. Among these are the importance of the empirical question of the “hit rate” and how police use of race or ethnicity as a criterion changes it, and the difficulties of dealing with the thorny benchmarking issue. The article also discusses how advocates in the U.S. have attempted to meet and overcome arguments that police and their supporters have made in an attempt to minimize the problem or justify doing little or nothing about it.
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References
Cole D. (2000) No Equal Justice: Race and Class in the American Criminal Justice System New York: The New Press
Crouch, Stanley (March 14, 2002). U.S. Must Stay Tough About Sealing Borders, New York Daily News
Elliot, Delbert (Nov. 1995). Lies, Damn Lies, and Arrest Statistics, Southerland Award presentation to the American Society of Criminology, Boston, Mass
FitzGerald, Marian, Final Report Into Stop and Search, December 1999, accessed at http://www.met.police.uk/publications/stop_search/report.htm.
FitzGerald, Marian, and Sibbit, Rae, Ethnic Monitoring in Police Forces: A Beginning. Home Office Research Study 173 (1997)
Fridell, L.A. (2004) By the Numbers: A Guide for Analyzing Race Data from Vehicle Stops. Washington, DC: Police Executives Research Forum
Frank, Marshall (19 Oct. 1999). Racial Profiling: Better Safe than Sorry. Miami Herald
Frank, Thomas (2004). What’s the Matter with Kansas? How Conservatives Won the Heart of America
Grogger, Jeffrey, Using the Veil of Darkness Approach to Test for Racial Profiling in Oakland Traffic Stops, presentation to Northwestern University 2005 National Symposium on Racial Profiling, April 26, 2005, Rosemont, Illinois, available at http://server.traffic.northwestern.edu/ppp/Grogger.pps
Hall, Stuart, et al. (1978). Policing the Crisis. London: Macmillan
Harris D.A. (2002) Profiles in Injustice: Why Racial Profiling Cannot Work New York: The New Press
Harris D.A. (2005) Good Cops: The Case for Preventive Policing New York: The New Press
Harris, David A. (1997). Driving While Black and All Other Traffic Offenses: The Supreme Court and Pretextual Traffic Stops, 87 Journal of Criminal Law and Criminology 544
Harris, David A. (1999). The Stories, the Statistics, and the Law: Why Driving While Black Matters, 84 Minnesota Law Review 265
Jackson, Robert L. (June 1, 1998). Push Against Bias in Traffic Stops Arrested. Los Angeles Times
Jones, Jeffrey M. Americans Felt Uneasy Toward Arabs Even Before September 11, Gallup Poll, Sept. 28, 2001
Kansas Legislature (2005) Regular Session, An Act Concerning Racial and Other Profiling, 2005 Kan. S.B. 77, enacted April 18, 2005
Kitsuse, John, and Circourel, Aaron (Fall 1963). A Note on the Use of Official Statistics, Social Problems
Kocieniewski, David (29 Nov. 2000). U.S. Wrote Outline for Race Profiling, New Jersey Argues. New York Times.
Lamberth, John (1996a). Report of Dr. John Lamberth, plaintiff’s expert, in Wilkins v. Maryland State Police, Civil No MJG-93-468 (D. Md. 1996)
Lamberth, John (1996b). Report of Dr. John Lamberth, defendant’s expert, Revised Statistical. Analysis of the Incidence of Police Stops and Arrests of Black Drivers/Travelers on the New Jersey Turnpike Between Interchanges 1 and 3 from the Years 1988 Through 1991 (1996), in State v. Pedro Soto, 734 A. 2d 350 (N.J. Super. Ct. Law. Div. 1996)
Lea, John, and Young, Jock, What Is To Be Done About Law and Order? Crisis in the Nineties, (Pluto Press, 1993), originally published as What Is To Be Done About Law and Order? Crisis in the Eighties (Penguin Books Ltd., 1984)
Macpherson of Cluny, Sir William (advised by Cook, T., Sentamu, The Right Reverend Dr. John, and Stone, R.), The Steven Lawrence Inquiry (1999)
Missouri Attorney General’s Office, 2004 Annual Report, Missouri Vehicle Stops, background information accessed at http://www.ago.state.mo.us/racialprofiling/ racialprofiling.htm#background, June 15, 2005
MVA and Miller, Joel (2000). Profiling Populations Available for Stops and Searches, Police Research Series Paper 131, Policing and Reducing Crime Unit, Research, Development, and Statistics Directorate, Home Office
Report of the National Advisory Commission on Civil Disorders (also known as the Kerner Commission Report), 1968
The New Georgia Encyclopedia, “Slave Patrols,” visited online at http://www.npr.org/templates/story/story.php?storyId=4780873, Aug. 2, 2005
Newport, Frank, Racial Profiling is Seen as Widespread, Particularly Among Young Black Men, Gallup Poll, Dec. 9, 1999.Northeastern University Racial Profiling Data Collection Resource Center, 15 June, 2005, at http://www.racialprofilinganalysis.neu.edu/legislation.php
Schneckloth v. Bustamonte, 412 U.S. 218 (1973)
Spitzer, Eliot, The New York City Police Department’s “Stop and Frisk” Practices: A Report to the People of the State of New York. 1 December 1999. The full report is available at http://www.oag.state.ny.us/press/reports/stop_frisk/stop_frisk.html
State v. Pedro Soto, 734 A. 2d 350 (N.J. Super. Ct. Law. Div.,1996)
Terry v. Ohio, 392 U.S. 1 (1968).
U.S. Census Bureau, http://www.census.gov/, 15 June, 2005
U.S. Department of Justice, Policy Guidance and Fact Sheet on Racial Profiling, June 2003
U.S. Department of Justice, Preserving Life and Liberty: Waging the War on Terror: available at http://www.lifeandliberty.gov/subs/a_terr.htm, 15 June, 2005
U.S. Department of Justice, Bureau of Justice Statistics, Contacts Between Police and the Public (2001)
U.S. Drug Enforcement Administration and New Mexico State Police, Operation Pipeline, videocassette, 1986
U.S. House of Representatives, H.R. 118, The Traffic Stops Statistics Act of 1997 (1997)
U.S. Senate, S.B., 2138, The End Racial Profiling Act of 2005 (2005)
U.S. v. Robinson, 414 U.S. 218 (1973)
Waddington, P.A.J., Stenson, Kevin, and Don, David (Nov. 2004). In Proportion, Race, and Police Stop and Search. 44 British Journal of Criminology 889
Welch, Michael (2003). Trampling Human Rights in the War on Terror: Implications to the Sociology of Denial. 12 Critical Criminology 1
Whren v. U.S., 517 U.S. 806 (1996)
Wortley, Scot, and Tanner, Julian (2004). Data, Denials and Confusion: The Racial Profiling Debate in Toronto. 45 Canadian Journal of Criminology and Crime and Justice 367
Zingraff, Matthew T. et al. Evaluation North Carolina State Highway Patrol Data: Citations, Warnings and Searches in 1998, 1 Nov. 2000. Report submitted to the North Carolina Department of Crime Control and Public Safety, and North Carolina State Highway Patrol
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Harris, D. U.S. experiences with racial and ethnic profiling: history, current issues, and the future. Crit Crim 14, 213–239 (2006). https://doi.org/10.1007/s10612-006-9011-3
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DOI: https://doi.org/10.1007/s10612-006-9011-3