[CJ] Chapter 9: Racial Profiling (Bolded) Flashcards
Profiling
A law enforcement tactic of using characteristics to build a profile of who the suspect in a crime might be.
Racial Profiling
Profiling that used race as a factor. There are conflicting definitions on how much race is a factor.
Narrow Definition of Racial Profiling
The Narrow Definition of racial profiling suggests that is only racial profiling if race was the predominant factor in someone being profiled.
Broad Definition of Racial Profiling
The Broad Definition suggests that profiling is any profiling that is done that includes race as a consideration, even if it is just one factor among many.
Effects Test
The effects test suggests that rather than defining racial profiling, we should look at effects of policy or procedure as the best way to determine if that policy or procedure is discriminatory.
Constitutional Theory against Racial Profiling
The argument that racial profiling is unconstitutional. This argument commonly utilizes two Amendments to the Constitution:
Equal Protection Argument
One of the constitutions arguments against racial profiling, it relies on the Equal Protection Clause of the Fourteenth Amendment.
The Privacy Argument
One of the other constitutional arguments against racial profiling, it instead focuses on the rights to individual privacy enshrined in the Fourth Amendment.
Community Theory
This argument against racial profiling that suggests racial profiling is actively harmful to the goals of policing, as it sees distrust of law enforcement within communities of color.
Rational Discrimination
An argument that against racial profiling that suggests racial profiling is actively harmful
Security Argument
The argument that racial profiling is necessary for the safety of the American people.
