Racial Profiling Impacts Criminal Justice
Although in some circles it is believed racial discrimination is an appalling—albeit antiquated segment of American history, there are more than a few people of color who contend that it has not been alleviated in modern times. Discrimination based on ethnicity, national origin, race, and religion can be devastating in multiple settings, none more critical than in the scope of criminal justice. Racial profiling by law enforcement agencies that targets people of color for stops, arrests, and incarceration has been documented time and time again—and it continues to occur every single day—even in an “enlightened” America in 2024.
Driving Fears
Most of us have heard of the “crime” of driving while Black or brown, but white America hasn’t really experienced that nerve-wracking part of life so common to minority populations in this country. The fear of being pulled over by a racist law enforcement officer for some miniscule– even nonexistent traffic infraction, to then experience an escalation of violent interactions, is very real for people—particularly men—of color. That’s because all too often law enforcement officers associate people of color with crime, and they make traffic stops and create other interactions more frequently with Black- and brown-skinned people than they do for white individuals.
Constitutional Violations?
Unfortunately, racial profiling is not limited to just one area in the United States, or to a single arm of the law enforcement community. In recent years the FBI was responsible for targeting alleged Black Identity Extremists (BIE) with surveillance operations that the agency has continued to refuse to make public. More than 18,000 law enforcement agencies across America were alerted to the threat of assaults on police by BIE, notwithstanding the fact that there was never any concrete evidence that Blacks were attached to such a structured crusade. Correspondingly, the actions of Asian American scientists have been dissected and individuals have even been arrested– largely based on their ethnicity. This specific example of discrimination has its roots in what the former Trump Administration referred to as the China Initiative, and it continues to operate today under the Biden administration. Similarly, Latino populations report a jump in targeting by law enforcement officers, as the rise in anti-immigrant attitudes simultaneously grows more frightening. Brown-skinned Americans fear being unjustly suspected of criminal activity, mistakenly deported, or in the worst case scenario, becoming just another statistic—one more Latino slayed by police and/or ICE agents. Middle Eastern Americans, meanwhile, have endured more than their fair share of racial profiling, with federal raids on communities of color continuing to diminish public confidence in the law enforcement community. Racial profiling and its fundamental domino effects can seriously undermine families, careers, and futures for blameless Americans of color, simply because of the way they are perceived by those who are sworn to protect and serve.
Maryland Law
Record keeping related to traffic stops has been required for decades, and that data is required to be publicly available. The ban of racial profiling has been on the books in Maryland since 2015, and is supposed to end the practice of “spontaneous investigative activities.” If an agency is found to have a problem with this, they could lose access to grants and officers involved in the profiling may be subject to training. Otherwise there’s no definitive consequence to rogue officers or agencies. And we know that regardless of what’s written on a piece of paper somewhere, racial profiling is baked into the mentalities of many Americans, some of whom happen to have the power to arrest based on a racial profile.
Responding to Racial Profiling When it Occurs
Racial profiling is surely tough to stomach, but it’s imperative that individuals remain calm when they perceive this to be occurring. Obey officers’ requests and keep your thoughts to yourself until your attorney arrives.
Fighting for You
The aggressive LaPlata & Waldorf criminal defense attorneys at The Law Office of Hammad S. Matin, P.A. always fight for the best possible outcomes for our clients. To discuss your situation, schedule a confidential consultation office today.
Source:
aclu.org/issues/racial-justice/race-and-criminal-justice/racial-profiling
