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Is Racial Profiling A Non-Issue in An Age of Terrorism?

Arguments for Racial Profiling

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Advocates

Some Americans feel that recent terrorist acts surpass the level of threat posed by the previous two examples, and that due to the nature of our new enemy, racial/ethnic profiling is, in this case, more critical than ever. Among the points argued by advocates of racial profiling, are the following:
  • There is an unprecedented urgency and government interest considering everything that is at stake; the constitutional test of whether and when racial classifications are legally permissible - the "compelling interest test" are clearly met given the current dire situation

  • British Police have created a clear profile of the terrorist: they are more likely to be young, male, Muslim, and non-white; the British have waved their interest in being "politically correct" and are applying this profile as they search tube passengers backpacks in London. NY (and the U.S.) should pass legislation enabling us to follow suit

  • It simply makes sense and would be more efficient to target the minority groups that have proven to be most likely to commit terrorist crimes

  • Random searches make no sense: grandmas and girl scouts are unlikely terrorists

  • Unlike racial discrimination in hiring practices, for example, the payoff for targeting those who resemble the profile of a terrorist is potentially huge (e.g. saving hundreds if not thousands of lives) while the harm done is minimal (e.g. minor inconveniences, delays, hurt feelings)

  • There are two kinds of mistakes we could potentially make in regards to terrorism: one is failing to identify terrorists because we don't want to offend anyone, and two, investigating someone who resembles the profile of a terrorist and upsetting them as a result if they are not a terrorist. We as a society can learn to live with one of these mistakes, not the other

  • Yes there are Timothy Mcveighs and Unibombers, but if you look at just about every terrorist who has attacked American targets and interests, these are not the people currently posing the greatest level of threat

  • Profiling is misunderstood - it should be acceptable for law enforcement to establish a profile where multiple characteristics, including race and ethnicity, are defined

NPR, in its series on racial profiling and terrorism featured reports from two individuals who advocate use of racial profiling:
  1. Tunku Varadarajan: an Op Ed Editor for the Wall Street Journal supports ethnic profiling despite his ethnic background, which ensure he might be mistakenly identified as a terrorist. In his opinion, it is justifiable to focus on a particular group if there is sufficient evidence or intelligence to suggest that the threat stems from a particular group. He also points out the difference between this scenario and racial profiling abuses such as those reported on the NJ law enforcement tendency to pull over black motorists more than other groups. He clarifies that profiling should not be the only forensic option, although it most certainly should not be ruled out. Mr. Varadarajan believes that law enforcement officials should receive sensitivity training to ensure that they are equipped to treat those who are targeted with dignity.

  2. James Oddo: the Republican Minority Leader for the NY City Council supports legislation that would enable physical profiling. He points out that he does not believe law enforcement should create a specific profile and then profile solely those people. Remove current prohibitions on racial profiling so cops won’t be reluctant to engage in searching or stopping of certain people for fear of being accused of doing something wrong. He acknowledges that the phrase ‘racial profiling’ is inflammatory. “Don't stop only those people,” he says, “but don't have a system in place that instills a reticence from doing his/her job. Let law enforcement use his description as it sees fit.” “I wish we lived in a world where we didn't have to do this,” he says. Understand what the stakes are. He understands it may be degrading to some, but “balance that against what we are trying to do - protect. This is the reality of the world we live in here in NYC. Some of us are going to have to endure in the hopes of protecting all of us.”

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