Category: Police

“When I got stopped the other day, I wasn’t a cop. I wasn’t a guy who lived in a neighborhood looking for his daughter’s toy. I was a black man, a dangerous black man. That’s all he could see: a threat” (Brooklyn Nine-Nine, Terry Jeffords). Racial profiling is a serious problem that targets minorities. The tactic is used by police, and it simply judges a person based on their skin color and not evidence. Racial profiling compromises the very fabric that America is weaved on. With Constitutional laws that protect us as rightful American citizens from any mistreatment of discrimination, racial profiling is still being practiced. While many say racial profiling is an effective police tactic, evidence proves that it feeds into racism, violates the Constitution, demonizes the public, and results in more problems than it solves.

The term “racial profiling” originates from the term “criminal profiling”. Criminal profiling is the identification of a crime suspect based on the criminal’s description provide by a witness. Racial profiling is defined, as stated by the American Civil Liberties Union, as “the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race, ethnicity, religion, or national origin.” Racial profiling and criminal profiling are opposites. Racial profiling takes place before a crime is known to be committed or when there is an absence of evidence. “Essentially, criminal profiling asks the question, ‘Who is most likely to have carried out this specific crime?’ while racial profiling tends to ask, ‘Who might commit a crime at some point in the future?’’ (Behnke 8). It connects a person’s ethnic and racial background with the likelihood of them committing a crime. The Amnesty International USA believes that profiling can only be appropriate if “there is trustworthy information, relevant to the locality and timeframe, that links persons belonging to an identified criminal incident or scheme” (Behnke 6). However, today’s racial profiling tactic does not align with these demands. It is merely based off of race, ethnicity, and religion.

Racial profiling directly stems from centuries of severe racism, along with deeply rooted current day viewpoints, continuous discrimination, racial stereotypes, and privilege. It places communities and individuals under a spotlight because of stereotypes. “Common stereotypes in the United States are based on a deeply rooted, historical philosophy of racial superiority and include the perceptions that people of color are less honest, less hardworking, and less intelligent than white people. Black people, particularly black males, are often stereotyped as irrational, violent, hypersexualized, and prone to criminal behavior. Latino Americans often encounter assumptions that they are in the nation illegally to work menial jobs or to profit from ties to drug trafficking. Muslims and people of Middle Eastern descent are frequently stereotyped as religious extremists or terrorists” (Behnke 10). The police enforced tactic directly feeds into racism because it targets minority-based communities or individuals as potential threats. Statistics show just how much religion, ethnicity, and racial discrimination are the sole factors police judge by.

The Fourteenth Amendment to the United States Constitution states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The fourteenth amendment meant to assure people of color that they would receive the same protection under the law as whites. Thus, a law that discriminates against people of color is illegal and unjust. The Fourth Amendment in the Constitution states, “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In many cases, police officers have abused their authority and illegally conducted a search without reason and in most cases without even stating any reason to the victim. Before they conduct a search, the officer must state the reason of suspicion and the reason for the search. If the police do not have a plausible or legitimate suspicion of a person, they cannot conduct a search. They become in violation of the fourth and fourteenth amendment.

The American Civil Liberties Union, a nonprofit organization meant to fight for the rights and liberties given by the laws and Constitution, observed a study on the usage of stop-and-frisk, the policing practice of stopping a person to search for weapons or prohibited items as stated by Lexico by Oxford. Between the years of 2010 and 2017 in Milwaukee, Wisconsin, it found that in half of their 700,000 police stops, the police did not explain the reason for suspicion as is required by the Constitution of the United States. African Americans were found to be six times more likely than white people to be stopped and searched and less than 1 percent of those searches turned up with contraband. Black and Latino drivers are 20 percent less likely to possess contraband but more likely to be searched (Balko). Racial profiling commonly occurs to many people of all minority groups. Citizens become victims while driving, walking, traveling through airports, shopping, and in the comfort of their own home.

Ever since the horrific event that occurred on September 11th, there has been a substantial increase of racial profiling in airports particularly against those of whom appear to be of Middle Eastern descent. The cases of Sandra and Omar Rana starts off at the Tulsa, Oklahoma airport. Dr. Sandra Rana and her family were at the airport like every other citizen on that day. However, the day turned grim when Omar, her 8-year-old son, was pulled from the line and airport officials dismantled his Boy Scout pinewood derby car. Omar is now targeted at all airports. His mother, Dr. Rana said, “Imagine how I felt when my eight-year-old son was pulled from the line because of his name and I could not go with him. Imagine how he felt when they started to take apart his Boy Scout pinewood derby car in the Boy Scout box. . .. It is now routine for my son, for Omar Rana, to get extra security checks at the airport. He knows it’s going to happen, and he expects it…. But how do I tell my . . . son that it’s okay? He is now ten. He is learning about civil liberties and civil rights. What meaning do they have for him…?” Because of this incident, Dr. Rana no longer wears her hijab, the religious traditional head covering for women in the Muslim culture. She goes on to say, “It’s not just the scarf. I tell my kids, don’t speak Urdu. It’s the Pakistani language. Don’t speak it when you’re on the plane. Don’t take the Quran. We’ve been advised by officials, do not carry any book that’s in Arabic. . .. Don’t do anything that will cause attention to yourself” (Threat and Humiliation Racial Profiling, Domestic Security, and Human Rights in the United States 8). Many more incidents like this occurs every day all over the United States.

The case of Sharon Simmons-Thomas is of an African American newspaper reporter in Harlem, New York. Just months prior Mr. Boyd, the attorney of this case, reported of several stories told by Latinos and African Americans of their discriminatory experience in shopping centers. These citizens, while entering stores, were followed by security guards, falsely arrested, subjected to abuse an embarrassment, and even banned from stores. Mr. Boyd tells Ms. Simmons story, “Last December… [Ms.] Simmons stopped in . . . [a major department store] to do a little quick shopping. When leaving the store, she was apprehended by two security guards. “They wouldn’t say who they were, but they accused me of shoplifting,” she said. The guards refused to look at the receipts Simons had waved in their face. She was handcuffed, paraded in front of other customers, and then escorted to the store’s detention cells, which are just atrocious. “I’ve never been so embarrassed in my life,” she continued. In the detention cells were several other customers being held as suspect shoplifters, all of them people of color. “They ran a background check on me and discovered I didn’t have a criminal record,” she said. Three hours later, after being humiliated by a body search, threatened with physical force and attempts to coerce a false confession, she was freed but without her [purchases].” (Threat and Humiliation Racial Profiling, Domestic Security, and Human Rights in the United States 9)

Human dignity one of the most fundamental needs of a person. Ontario Human Rights Commission, OHRC, declares that “human dignity means being treated with respect and having a sense of self-worth.” Racial profiling damages a person psychologically an emotionally. It makes a person feel less than human and as if they are not respected as a human being. The American Civil Liberties Union writes that police dehumanize citizens by “humiliating and often frightening” them and placing them in “detentions, interrogations, and searches without evidence of criminal activity” (Behnke 9). The OHRC also said, –“For example, a strong justice system requires citizens to have confidence in the fairness of the process; community policing relies on individuals trusting the police and being willing to work with them; and, teachers can only function effectively when they have the respect of their students…However, racial profiling seriously erodes public confidence in these institutions. Numerous submissions described an increased personal or community mistrust of law enforcement officials, the criminal justice system, the education system, customs officials, store and mall security and society in general. One person who was himself a victim of a crime even described feeling “betrayed” by the police.” If the citizens can neither trust the police or the justice system, then there is no benefit and/or overall gain to the practice of racial profiling. If the people cannot trust those meant to protect them, we are separating our society. “Mistrust in the police can decrease citizens will to cooperate and report crimes, implying a risk of inefficiency in police’s ability to fight crime and uphold law and order. Mistrust in the police can also be related to non-transparency, corruption, lack of democratic legitimacy in the police and state authorities in general” (Egharevba 14-16). Because of minorities’ unfair experiences and involuntary contact with the police, they are more unlikely to report crimes in fear of what could happen as is seen in social media and the news. Because citizens loose trust in the authority, many live-in fears which creates a hostile atmosphere. The OHRC released quotes from citizens which read, ‘I do not go to the police when I have a problem. I will not do so in the future, either. However, if there is a problem that absolutely requires police assistance and I can request help on the phone anonymously, so they can’t see that I’m Black, then I will.” Another person said, ‘Profiling does nothing but create distrust and resentment when it is done. This in turn causes a negative backlash in the community. This is part of the reason that the police force gets very little cooperation when dealing with the Black community. If a person does not feel valued by the system, you will in turn see how that person can become a negative force.” An African American said, ‘People are afraid to talk to the police in the Black community… There are good cops, but the bad ones make us mistrustful of all police. It makes it hard for them to solve crime.”

There are far too many stories of police racial profiling that escalates to police brutality, a civil rights violation that occurs when a police officer acts with excessive force by using an amount of force with regards to a civilian that is more than necessary as defined by US Legal. “Consider the testimony of Ms. Nina Paulino of the Santiago Villanueva Justice Committee at the hearings in New York City. Ms. Paulino told us the story of her friend Santiago Villanueva. Mr. Villanueva was from the Dominican Republic, did not speak English, and had dreadlocks; he also had epilepsy. He was in Bloomfield, New Jersey when he experienced an epileptic seizure. When police arrived on the scene, they saw an African American man with dreads seizing on the ground and assumed he was on drugs. Officers harassed Mr. Villanueva and insisted that he speak English. They threw him on the ground and one officer put his knee on Mr. Villanueva’s neck while another placed a knee on his back. Mr. Villanueva stopped breathing and was given oxygen. He reportedly gained consciousness for a short while and was handcuffed in the ambulance the entire way to the hospital where he died. Ms. Paulino says, ‘The police came and saw him and automatically said this man is on drugs, although they had over ten witnesses saying no, he’s epileptic, he’s having a seizure … One of them put a knee on his neck, another on his back, handcuffed him, and took the last breath out of his lungs.” (Threat and Humiliation Racial Profiling, Domestic Security, and Human Rights in the United States 7). There are many other heart-breaking stories such as, “Robert Davis, a retired elementary school teacher from New Orleans, was arrested and brutally beaten by police on suspicion of public intoxication. On the night of Oct. 9, 2005, just a little over a month after Hurricane Katrina, Davis returned to New Orleans to check on his family’s property and went to the French Quarter to buy cigarettes. There, he was attacked by four police officers who said he was belligerent and resisted arrest by not allowing them to handcuff him. The beatings were videotaped by an Associated Press producer, who was also assaulted that night. The officers were either fired or suspended for their involvement, but many of the charges against them were cleared.” A man named Frank Jude was also a victim of police brutality. “In 2004, 26-year-old Frank Jude was viciously beaten by several off-duty Milwaukee police officers as he was leaving a party. The group of men attacked Jude and his friend, Lovell Harris, claiming they stole one of the officer’s wallets that contained a police badge. Harris’ face was cut with a knife, but he was able to get free and run away. Jude was repeatedly punched and kicked, as well as stabbed in the ears with a pen. Even the on-duty officer who was called to stop the fight began stomping on Jude’s head. In the state trial, the jury acquitted the three officers charged. There was a great deal of community outrage and demand for a federal investigation. The federal grand jury convicted the three officers who were originally acquitted but did acquit the fourth officer.” People do not trust the police to protect them because of the record of brutality on the internet and news.

Many may counterargue that racial profiling is a beneficial police tactic used to prevent crime. Although it does allow the police to identify a likely group of suspects, it still does not outweigh all of the dangerous harm caused. “And if the net results are not a constant parade of big-time seizures of contraband but mostly “dry holes” and tiny amounts, there’s no real payoff…Even if we were to overlook racial profiling’s moral, legal, and social flaws, it simply does not work as a law enforcement tactic…policing with racial profiles cannot be said to be a rational response to crime. It is instead a misdirected attack on a difficult set of problems that causes its own damage to innocent individuals, to policing, to society, and to the law itself.”

The statistics of racial profiling do not support the continuation of such a system.

In conclusion, racial profiling is a controversial practice that has many more weaknesses than strengths. Evidence has proven that it dangerously feeds into racism, violates the Constitution, demonizes the public, and causes many more problems than it solves. There is no excuse for the damaged communities and families that have resulted. There is no excuse for a woman to be shot and killed in her own home because of the color of her skin. There is no excuse for a man to be held at gun point because of his race. There is no excuse for an 8-year-old boy being shot and killed for standing in his own yard because he was posed as a threat. There has to be a change.

Works Citied

1. “The Effects of Racial Profiling.” Ontario Human Rights Commission, www.ohrc.on.ca/en/paying-price-human-cost-racial-profiling/effects-racial-profiling. Accessed Jan 2020.
2. Behnke, Alison Marie. Racial Profiling Everyday Inequality. Twenty-First Century Books, 2017.
3. Harris, David A. Profiles in Injustice: Why Racial Profiling Cannot Work. New Press, 2003.
4. Egharevba, Stephen. Police Brutality, Racial Profiling, and Discrimination in the Criminal Justice System. IGI Global, Information Science Reference, 2017.
5. Balko, Radley. “Opinion/There’s Overwhelming Evidence That the Criminal Justice System Is Racist. Here’s the Proof. “The Washington Post, WP Company, 10 Apr. 2019, www. Washingtonpost.com/news/opinions/wp/2018/09/18/theres-overwhelming-evidence-that-the-criminal-justice-system-is-racist-here’s-the-proof. Accessed Jan 2020.
6. Threat and Humiliation: Racial Profiling, Domestic Security, and Human Rights in the United States. Amnesty International USA, 2004.
7. Writers, Staff. “10 Worst Cases of Police Brutality in History – Criminal Justice Degrees Guide.” CriminalJusticeDegreesGuide.com, CriminalJusticeDegreesGuide.com, 1 July 2019, www.criminaljusticedegreesguide.com/features/10-worst-cases-of-police-brutality-in-history.html. Accessed Feb. 2020.
8. “Stop-And-Frisk: Definition of Stop-And-Frisk by Lexico.” Lexico Dictionaries | English, Lexico Dictionaries, www.lexico.com/en/definition/stop-and-frisk. Accessed 24 February 2020.
9. US Legal, Inc. “Police Brutality Law and Legal Definition.” Police Brutality Law and Legal Definition | USLegal, Inc., definitions.uslegal.com/p/police-brutality/.

Introduction

To start with, police brutality and crime are widely known as political issues that have a huge impact on the societies. Police brutality is when police members act and use an unnecessary excessive force towards either a group or an individual (1). This eventually leads to the violation of their civil rights. In addition to that, the misuse of police legitimacy in the society will lead to a deficiency or a defected society where people will not turn to police when facing a problem or a situation where police attendance is needed, and this will be both dangerous and toxic to the society where the image of ‘’Society vs. Police’’ will be developed. It is also one of many unaccepted acts of human rights violations.

The theory of crime on the other hand is considered to be an action that constitutes an offence and is punishable by the law, however the increasing in crime rates has various reasons such are environmental surroundings, lack of education, poverty, drug abuse and of course there is a slight link to border crossing and illegal immigration(2). It is also stated that areas with high crime rates threats the safety and security of the area.

I chose this topic based on both my personal experiences and registered statistics researches on the topic, it is a prime issue because the changes that will occur within the society can be extremely threatening to all the groups in the society. Families and individual’s safety, human civil rights, population and working labour, police brutality and crime will be negatively impacting all factors. It is reported that there is a 24 percent increase in rape cases in the past decade, the sexual offences incidents have been on a rise. I will also be looking at reported police excessive use of force towards civilians to have a wider understanding of the case of police brutality. To what extent is police brutality affecting the increase of crime rates? During this engagement activity, I will have interviews with people who have more knowledge about this political issue such as the police and activists, I will also be focusing on reliable statistics from the crime registry page called ‘Brå’ for further information to know about the increased crime rate and if there us links that connect police brutality with increased crime rates.

The Engagement Activity

Throughout my engagement activity, I came in contact with an Eskilstuna municipality police member to understand how it has been going for the past while in the city of Eskilstuna regarding crime. I chose to meet the police because they will be able to provide me with helpful information because of their knowledge and information on both topics. Throughout the meeting with Thomas Bergqvist a member of Eskilstuna municipality police, I asked him questions about this political issue, and we discussed the important factors behind the two topics of Police brutality and crime. Although Bergqvist was hardly in a position to openly criticise his organization, he regardless provided me with valuable insights into the relationship between police brutality and crime. What I learnt after this meeting is that there is a relationship between police brutality and increased crime rates, however, relating these two topics to each other was considered sensitive and challenging, however, Bergqvist tried to be as equitable as he could be and provided me with helpful information I needed, and a wider understanding of the discussed issues (6), and Bergqvist made it clear that the police also tend to seek for legitimacy in the country and it is more certain to achieve because of the use of the hard power.

My second engagement activity was through the internet with a page called ‘Police brutality and ethnic profiling’. This page aims to spread awareness on the issue of police brutality here in Sweden and their ways are considered as soft power approach due to the fact that they do not have the authority to be using hard power. They share videos, images and stories of those who were abused and racially profiled by the police. I was only able to ask very few questions, but they instead provided me with a link of an interview they had with Aljazeera for a better understanding of the issue of police brutality. (7)

Engagement Activity Analysis

my first question was focusing on the high registered crime rate statistics in Eskilstuna which has reached 73.56 percent (3) and he explained that the registered numbers are not stating which type of crimes they are and to generalize that he stated that Eskilstuna is not that dangerous and many of the crimes are just traffic-related crimes. Later on, we discussed the fact that the media has labelled some of the areas in Eskilstuna as the ‘’No Go Zone’’ areas (4) and mentioned that those areas are quite dangerous and unsafe, his reply to that was that the media focuses on minorities and are targeting those who represent those areas in a bad image and he stated that he refuses to label those areas with such a name, he mostly prefers to call them the ‘’Prioritized’’ areas. The issue of drug abuse (5) in Eskilstuna county was also mentioned and I have been told by Bergqvist that there are different ways to deal with drug abusers based on what type of drug they are using. For example, the most abused drug is cannabis and the punishment for those who use cannabis is not as harsh as other drugs and the cannabis intoxicated individual will only have to pay a fine between 1,500sek and 2,500 sek. Other drugs that are more considered more dangerous have different punishments that can reach for jail punishment (6). We then moved on to discuss the part of the issue on police brutality, if we have police brutality and how we deal with it if we have one? His answers to this part of the topic were detailed and he stated that we, of course, have police brutality but it is not quite an issue here in Sweden since the police try to stick to their book of law and they try their best not to use excessive force or unneeded use of power but in some cases when a suspect starts becoming a threat to the police or try to obstruct their job, they will then be forced to take serious action and use hard power. A police member who uses excessive power upon an individual can be suspended from their position for a limited time based on what and how they used their authority upon the suspect. He had also mentioned that a police officer can be punished with a jail sentence if his actions were extremely brutal and have caused an injury or death upon an innocent individual or group but such cases are not common and it is a long procedure that does not occur often. I have then asked Bergqvist on why police officers in Eskilstuna or Sweden wear a body camera like officers in the U.S, and his answer to that was that this technique was recently discussed and will be applied for more efficient outcomes by the police. (6)

For my second engagement, I have asked questions on whether there is a relationship between the rising crime rates and police brutality, and how to deal with such issue if we have one here in Sweden. The page members have told me that they aim to stop police brutality and raise awareness on such an issue because they believe that crime and police brutality are related. Fatima Naib Al Sharkawi (7), one of the members have stated that the police treat a person based on their ethnicity and the environment they live in. for example, the treatment of people who live in the suburbs is not the same as the people who live in downtown or rich areas. And that is a reason why the people who live in the suburbs, or as Bergqvist preferred to call them as ‘prioritized areas’, have low trust in the police because they have built the emotion of hate towards each other. However, she had also mentioned that not all police members treat people the same, where there are examples of police members who visit the suburbs to have contact and do activities with the younger generations to develop respect and trust. She had told me to read the interview she had with al Jazeera, where she discusses the problem of structural racism within the police force and military intervention to fight crime in the suburbs, even though military are not allowed to carry out missions on Swedish soils, the idea was earlier discussed as politicians demanded military intervention to fight crime in the city of Malmö (8).

According to the local news articles, organized crime networks in Sweden have started to expand and spread to smaller towns of Sweden, which one example was the city that I currently live in. Eskilstuna a town in south-east Sweden have started to experience violence and shootings in public areas. Lars Öjelind, a gang expert at the national bureau of investigation states that the violence is related to gangs that are spread among eight different areas in the city, the formed groups were previously related to a bigger criminal organization known by the name of Black Cobra. Öjelind have also mentioned that gangs are reformed in a smaller town such as Eskilstuna because mid-sized towns have a weaker police presence and are unfamiliar with approaching gang violence (9).

A realist could argue that becoming a criminal is a matter of choice of people who had never been properly socialised and that it is also combined with the lack of self-control through poor socialisation in schools, and community will create criminals and crimes, Wilson and Herrnstein. On the other hand, there is hardly any theory that explains the various forms of police misconduct against the civilians, however, a liberal could argue that the issue of police brutality is a mortality issue and after all the reported incidents, the justice system is racially biased and mostly targets ethnic groups (10).

Conclusion

In conclusion, one could argue that to a certain extent, there is a relation between crime and police brutality, but police brutality is not the main or only indicator to the rising crime rates. However, police brutality can be an indicator to identity conflict and security threat. Crime on the other hand is present everywhere, but certain factors as such, poor socialisation in schools, community and the environment can affect the increased numbers of crime in specific cities. Awareness campaigns can be a contributor to the reduction of issues such as police brutality and crime (11)(12).

On September 25, 2010 a young woman went to her best friend’s house for a party after a college football game. After falling asleep on his couch for several hours she woke up to him doing unspeakable things to her. Out of fear, she pretended to remain unconscious. After he was done and had left the room, she grabbed her belongings and bolted for the door. He proceeded to chase after her. Because of the extreme physical pain and shock she was in, she decided to call her mother to take her to the nearest hospital. Even fifteen months after the incident she could not go to the police. This is the true story of Allison Huguet.

Rape has become a growing issue, but as a result, some people have begun to discuss it. Instead of dismissing it. This isn’t extremely common, but there are investigators and detectives that do dismiss, blame or neglect rape victims. In an article entitled, Study Finds Misconduct Spreads Among Police Officers like Contagion it is said that “there have been more than 85,000 law enforcement officers that have been investigated or disciplined for acts of misconduct over the past decade” (Wu). That is roughly 8,000 cases per year. This is a problem that doesn’t just affect rape victims, especially with the rise of police brutality in major cities. Why hasn’t internal affairs been notified that the police system must be reformed?

Women’s Center, Rape Culture is defined as an environment in which rape is prevalent, where sexual violence is normalized, excused, or simply dismissed in the media and popular culture. This ideology underlines that people must begin to talk about how they collectively think about rape. Unfortunately, Rape Culture is still evident to this day. In fact, as Sohaila Abdulalai, author of What We Talk About When We Talk About Rape describes, in India the victims of rape are called “zinda laash” or in other words, living corpses (Abdulali 51). This very phrase emphasizes the very being of Rape Culture: that after someone is raped they are lifeless, virtueless, and useless. The bottom line is that the victim remains the least important factor (Abdulali 51). This is not okay. Women—victim or not—should be valued and listened to no matter what it is they have to say. But in the police system that is not even a thought. According to Jan Jordan, member of the Institute of Criminology and professor of Psychology, Culture, and Gender Studies, American laws, courts and police systems all evolved within patriarchal conditions that were oriented toward the preservation of gender inequalities (Jordan 12). This begs the question, should we presume the alleged assaulters as innocent until proven guilty or liable, or should we presume survivors tell the truth until their accounts have been disproven? (Fielding). The difficult controversial air of whether or not to believe rape victims or alleged rapists is problematic, especially when it affects someones entire life, career or well-being.

Police Misconduct is a major issue in many rape cases, examing what misconduct looks like in the law enforcement environment is neccessary to address the issue. In late 2012, a woman named Erica Kinsman came forward and told her story. She had been raped by Jameis Winston– a big-time college football player for Florida State. They had met at a bar, and on being invited back to Winston’s apartment, he forced himself onto Kinsman. The accusation of a well-known college football player caused a major uproar in the football community, in support of the alleged rapist and on the other hand, the few that supported Kinsman. In a Sports Illustrated article entitled, Don’t Stay in School- Jameis Winston should quit Florida State- and not just the football team, author Michael McCann seems to be on the side of Kinsman, but after a quick glance at the first column it was clear that the writing was littered with rape culture. Why is Winston still enrolled in college? By leaving school, Winston would evade the university’s jurisdiction and lawfully frustrate an investigation that threatens his future (McCann 13). This otherwise harmless sentence outwardly defends and protects the alleged rapist. Jameis Winston raped a fellow student. There was absolutely no discussion of the effects on the survivor–Kinsman–in the article, in fact she was never mentioned by name. Simply called the “accuser” Instead of using more neutral terms, such as presumed victim, the negative conotation of the word accuser sends the message that Kinsman is a liar. The author continues to worry about Winston’s future, Quitting college could have negative consequences for him. It might be interpreted as an admission of guilt (McCann 14). As if others believe this football player raped someone is his biggest problem. The most frustrating part of all is that Fox Sports suggested that the Tallahassee police department and Florida State badly, and possibly intentionally, mishandled the accusation in order to free Winston of repercussions (McCann 13). Even the slight chance of police officers purposely messing up a rape case to protect the alleged rapist is absolutely unacceptable. And most notably, almost a year later, law enforcement declined to charge him (McCann 14). Most do not know that the decision to take a rape case to court is not one of the victims. Again, the victim is the least important factor.

Other major issues on the topic of rape are underreporting and attrition. Rape has been described as the most under-reported crime, with factors contributing to its low reporting rate like the victims fear of not being believed or the lack of confidence in the criminal justice systems (Jordan 3). This causes a problem for the police because they are not viewed in a positive light. Sadly, this law enforcement-community relationship hasn’t been well for many years. In the 1980s, people began to realize the horrible environments within which rape victims were interviewed. As well as the disgraceful interrogatory style of questioning to which they were routinely subjected (Jordan 4). Police have been using unmannerly ways to question rape victims for years and this practice causes rape culture and victim blaming to invade the brains of victims. Until they begin to normalize it. Perhaps this is why reporting rates of rape are so incredibly low. Because of the dark history between rape victims and the police, it is not all a surprise that roughly 90% of rapes go unreported (Jordan 4). Action must be taken in order to reverse the heavy relationship that has built up among many victims and the people they interacted with in police departments. In the United Kingdom, analysis conducted for the Home Office of a large data set indicated that the conviction rate for reported rape cases had been declining, in 2002 reaching an all-time low of 5.6% (Jordan 5). Attrition goes hand in hand with the issue of underreporting. Attrition is the slow weaning out of something. This term applied to rape is one of the reasons why there is such distrust between rape victims and police. A growing trend in rape cases is that of reports of rape just being set aside and forgetten. Victims may see it as pointless to have to relive their rape in telling it to the authorities if their cases will just be ignored or neglected. High attrition rates in rape cases have attracted international concern and criticism in recent years (Jordan 5). It makes the entire situation even worse that many women do not report if they are raped, and when they do their cases are senselessly neglected.

One of the most obvious causes of police misconduct is a lack of training, or simply training police so that they may acquire the knowledge that is unnecessary. Who knows what training hours are spent on, but it certainly is not used properly. The most obvious cause of these issues is “The lack of training in police facilities.”(Abdulali 51). Sometimes it is as if these officers do not possess any basic manners at all. In 2006, in New York a young woman, age 21 went missing and when her mother -Carmichael- called the local precinct she was responded to with a blatant “Your daughter is probably with her boyfriend.”(qtd. in Arinde 6). The officer had no idea whom they were speaking to, they made the easiest assumption and dismissed the problem at hand. They even refused to file a missing persons report. She was told “‘Miss, please do not call this precinct again.”(qtd. in Arinde 6). This type of disrespect and uncaring is the very reason why the people of America have lost faith in law enforcement. Carmichael stated, “I am very displeased at the way police handled my daughters rape and murder and the way my family was treated after she was found.” (qtd. in Arinde 6). Oftentimes we see police as just a collective image of negativity, but in reality police officers are individuals with their own lives. Maybe not all mentally are suited for such a job.

Some of the worst police misconduct cases involve a complete lack of common sense, kindness or humanity. Protocol in these situations is often neglected. In the well-known Central park Jogger case, where five adolsecent boys were covicted of the rape and murder of an adult woman the leaders of the investigation ended up profitting from the boys’ demise. Fairstein and Lederer made extreme errors in the pursuit of the Jogger Five, who knew while they were investigating and prosecuting that the boys were innocent. They were railroaded because of their race and were coerced to admit to a crime they never committed (Tatum 12). This is just one of the examples of gross misconduct in the police system. It is even worse to think of the people that have been put away for years for a crime they did not commit– or worse– put to death. When Carmichael interacted with the local police precinct she was treated unspeakably. Eventually When they found her daughter’s body, the police were nowhere to be seen. After calling the precinct, it became apparent the police wouldn’t be arriving due to understaffing and perhaps negligence, so the family went. (qtd. in Arinde 6). Even the idea of someone’s family going to collect their relative’s disfigured body is horrifying. The police act as a barrier between the family and such experiences, but why can’t they just do their job correctly? It’s truly ironic, The day Carmichael found her child’s body there weren’t more than two cars present; the day Charles Barron, Rev. Sharpton’s office and Carmichael held a protest, there were over 20 police cars (qtd. in Arinde 6). This phrase uttered by Carmichael is filled with disgust, that her daughters life was not valuable enough in the eyes of the police, but when people come together in a peaceful protest that is seen as a crime and police flock at the scene of innocence searching for issues.

Misconduct in rape cases throughout the police system has hurt numerous and will continue to be a burden on the hearts of many. The police system and its mess of misconduct in rape investigations have to be resolved. Change must be enacted before a solution can even be looked at. As Jordan wisely spells out: reporting rates need to rise, attrition rates need to decline, agencies supporting rape victims should be adequately funded, and rape culture and victim-blaming must cease to exist to the furthest extent possible (Jordan 12). If America as a nation can come together despite its differences and improve the police system, people may have their faith in law enforcement restored. But it is rather unlikely that this will happen, as for the public opinion of police as of recently has not been positive. Rape victims do not feel comfortable in the environment of interrogation rooms, the cases they hold dear to their hearts are being set aside and forgetten, and yet, Ameicans continue to frown upon rape victims and blame them for a crime that was comitted against them. This change will not happen today. It will take time.

Thankfully there have been examples of resolution in the past, even if they are few and far between. In the Central Park Jogger case the disgrace of investigators left an everlasting scar on the victims of this grand mistake. In an effort to reverse this, writer in the New York Amsterdam News, William A. Tatum argues that New York city should be sued for millions to compensate for the wrongdoing and the years of life lost to incarceration, the falsely accused could never regain (Tatum 12). Although in other’s eyes millions of dollars may sound like vast sum, the five— Steve Lopez, Aton McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Korey Wise spent fifteen years of their teenage life into adulthood in prison. The Police Department and those in the case who gave false testimony and false information to the DA in order to get a conviction should pay (Tatum 12). Yet another example of what could possibly go wrong: coercion of minors without a guardian present, false testimony, and false information. These five innocent boys were stolen from their families, thrown into prison, and forced to survive on their own. They will never forget. The five men were compensated with nearly four million dollars for their loss. Not as well-known as the jogger five, Carmichael’s story of mistreatment from her local police precinct in New York, strikes a similar cord of longing for something, perhaps “justice from the 67th precinct” (qtd. in Arinde 6). Who knows what shape or form that may take, but Carmichael is not alone in that feeling.

Maybe America needs to listen in on how other countries are taking action. Abdulali explains that people in India are calling for reform through a written petition to their government. The petition recommended police reforms and other obvious steps like changing training protocol, the report went further and suggested systemic alterations to erradicate rape culture and protect women (Abdulali 51). India set a wonderful example for sparking change in taking charge of the issue of police misconduct. In the mere act of petitioning the government, India was doing more than America put together. The aforementioned document conveyed the ‘nuances of consent,’ as well as the complexities of deciphering the dynamics of choice and power (Abdulali 51). A possible fix for all of the issues surrounding rape is more education of the topic of consent, not only for High School students but also for police officers. It is possible that if people become more knowledgeable they will be able to interpret whether or not consent was given, taken away or even withheld in the first place. These is the basics of consent, and sadly many investigators lack this knowledge.

To spell it out, the nation needs to take a very specific approach to this problem. This is what should be done: Police should be trained to address their biases, according to German Lopez, writer for Vox (Lopez). It is natural for humans to be biased, but denying admitting to these biases can inversely affect how a police officer does their job. Police should be trained to deal with their biases before they become an officer of the law. Next, when police engage in misconduct, there must be more transparency and accountability in the aftermath of it all (Lopez). The public only hears about misconduct cases involving the police when it is a big deal, otherwise it seems as if reports on the issue are non-existent. Out of all 50 states, 23 states do not open misconduct reports to the public–that is nearly half of the country– and the other 15 states have very limited records. (Lopez). Hiding the issue of police misconduct is not going to solve the issue of police misconduct, if anything it will allow it to progress negatively. Police reports should be open to the public so that people may become aware and use the data to improve the police system. Also, people need to set much higher standards to qualify to be a police officer. (Lopez). At the moment if someone wishes to be a police officer, they must at least have a post-secondary degree and 3 years of continuous law enforcement experience. Then, it would take a total of two months to conclude qualification procedure and testing. According to the MN Board of Peace Officers and Training, the testing is on Minnesota criminal code, traffic code and juvenile justice laws. Apparently, the exam focuses on the information Minnesota law enforcement officers need to know for day-to-day operations. This process is not thorough enough. How exactly does knowing the laws of the state one resides in aid in learning the complex issue of rape and consent, or how to treat a victim?

Reforming the police system is incredibly important because it will benefit all. What downside is there to improving the law enforcement system? If police get this right, they could boost faith in cops and their legitimacy in crime fighting (Lopez). If people begin to belive in the ability of police officers again, the reporting rates of rape could rise, inversely, causing the rates of rape to decrease– that is if the police can do their job and pay more attention to the issue. Honestly, rape deserves just as much attention as homicide, or robbery. In the end, someone’s life is forever altered. The trio of the “procedural justice” model: transparency, accountability and community cooperation, as described as a part of how the police system should work, are all imperative to resolving this issue because they signal that the justice system cares (Lopez). Often times rape victims are belittled, called liars, asked disrespectful or degrading questions, and blamed for a crime committed against them. If the police can be transparent in their actions, be accountable for mistakes and cooperation with those involved in rape cases, then it is possible the future is not as dark as it seems for this issue.

Introduction

Racial profiling is a form of discrimination which violates basic human rights and contributes to inefficient and ineffective policing. Racial profiling occurs when police stop, question, search or detain a person on the basis of their race. Victims of racial profiling can be severely impacted by this experience (Police accountability 2013). In 2011, a report by the ABC (Australian Broadcasting Corporation) Revealed that Victoria Police were racially profiling South Sudanese refugees in Melbourne (Run 2013). After an allegation of racial profiling was settled by the Australian Federal Court in 2013, Victoria Police issued a statement pledging to investigate its treatment of ethnic groups (Victoria Police 2013). This research essay will discuss the nature and extent of the problem of racial profiling by police in Victoria and the impacts it has on victims of racial profiling. This essay will also critically discuss the steps that have been taken to address this ongoing problem.

The nature and extent of police racial profiling in Victoria

Racial profiling by police in Victoria has been an issue for many years. Racial profiling occurs by police due to malevolent officers intentionally acting upon preconceived stereotypes and prejudices (Police accountability 2013). Postcolonial scholarship suggests that racial profiling is seen as a product of racist attitudes as a result of an imperial relationship between the conquerors and the conquered. Racial profiling in Australia can be seen as a colonially minded attempt to maintain racial inequality (Run 2013). Due to the White Australia policy institutionalising racism, it may be seen that racial profiling has been embedded within the system and results in racial bias by police officers. Both explicit and implicit bias exists within racial profiling (Run 2013). Explicit bias is a racist belief manifesting as a discriminatory behaviour (Schlosser 2018). The submission documented many instances where police displayed explicit biased behaviour such as using derogatory racist language towards young men of African ethnicity. Implicit bias is where seemingly tolerant police officers unconsciously associate certain ethnicities with violence and or criminality (Clarke 2018).

Most people who experience racial profiling in Victoria do not make a complaint even when it is serious. This is due to the complaints being investigated by Victoria Police rather than a separate organisation or entity. Young people report fear of making their situation worse and potentially becoming a target for local police, as well as having their complaint dismissed and possibly getting further charges as a result (Youth Law Australia 2017). Eminent statistician, Professor Ian Gordon from the University of Melbourne analysed the Victorian Police Law Enforcement Assistance Program (LEAP) data and revealed that between 2006 and 2009, Africans in the Flemington and North Melbourne area were two and a half times more likely to be stopped by police than any other minority group in spite of having a lower crime rate (Hayle et al. 2016). This data provides evidence and confirms the allegation and existence of racial profiling within Victoria Police. Qualitative research substantiates the claim and reveals racial profiling has been an ongoing problem across Victoria for many years. A supposedly high representation in local crime statistics was the justification given for such poor policing (Logan 2019). However, the data revealed a significant underrepresentation of the stopped young African Australians in the crime figures. Additionally, Victoria Police have been known to target African youth and operation Molto in 2006 is proof of the targeting of young African men. This shows the nature and extent of the problem of racial profiling by Victorian police (Police accountability 2013).

Impacts of racial profiling on victims

Racial discrimination, in the form of racial profiling, has many detrimental effects on the community who are of an ethnic minority but also effects the ability of the police to practice their role as community protectors (Markwick et al. 2019). If the community loses its confidence and trust in the police, the community are most likely not going to report crimes or get involved in police investigations. Not only does this impede the police in their duties, it also means that vulnerable members of the community become more vulnerable as they sense that they do not have the resources to protect their rights and safety (Young 2013). Racial profiling causes communities to feel disengaged from the broader Victorian community as a result of feeling watched and singled out for mistreatment (Victoria Health 2014). When this occurs, police are failing to uphold the rights of the community and are also contributing to the disengagement of ethnic minorities from society (Police accountability 2013). Racial profiling has many impacts on the people who experience discrimination by police, it can cause isolation, exclusion, disengagement, unnecessary criminalisation, detrimental health and socio-economic impacts. Additionally, it inhibits minority groups from having the confidence and trust to report crimes and seek help from the police. (Police accountability 2013). Racially profiling individuals on the bases of skin colour, race and or religion can cause victims to isolate themselves and disengage from participating in the community which results in the exclusion of those individuals. This exclusion can negatively impact the socio-economic aspect of victims of racial profiling due to feeling undervalued and or unwanted. All these factors can cause and contribute to detrimental health issues a result of police discrimination (Police accountability 2013).

Discussion

After fulfilling a condition of a settlement in the Australian Federal Court regarding racially biased policing, Victoria Police invited community comments and submissions from individuals and organisations to undertake an examination of its Field Contact policy, data collection and cross-cultural training (Victoria Police 2013). After concluding the review process, Victoria Police published the equality is not the same report. The report outlined the findings and presented an extensive set of recommendations and actions to scope, develop and trial a receipting pilot the report identifies a number of improvement opportunities for Victoria Police to implement over a period of three years. This three-year plan to address racial profiling issues within Victoria outlines key commitment across five areas of focus that emerged from consultations and external reviews which included community engagement, communication and respect, Field Contact Policy and process, complain process and cross-cultural training (Victoria Police 2013).

During year one of the three-year action plan, Victoria Police undertook extensive community consultation and discussion to identify community needs. As a result, Victoria Police developed a concept of a receipting pilot that considers the needs of the Victorian Community. This concept was developed to promote transparency and accountability of police interactions with members of the community. This concept provides individuals with tangible evidence of their interaction with police or Protective Service Officers (PSO). This concept will help in discouraging racially biased policing as the community now has the opportunity to hold police officers accountable for any type of racially biased policing. In the second year of the action plan, The Receipting Proof of Concept (RPoC) was tested across four police service areas. The RPoC used a business card method and also a smart-phone application. The RPoC project team implemented a comprehensive internal and external communication strategy, police and PSO training to support this concept. In the final year of the action plan, a summary of the work undertaken by Victoria Police assessed police and community perceptions on the receipting concept. The results of this evaluation revealed a number of findings and recommendations. Mandatory issuing of a receipt to the public was not adopted. The development of contact cards for police officers that may be issued to a member of the community when a request is made. The Receipting Proof of Concept (RPoC) is an extensive body of work implemented to change and eradicate racially biased policing by holding police officers accountable. Extensive training and education were critical to the success of the project as well as providing police with an e-learning package, face to face officer in charge training and comprehensive group training for the use of smartphone receipting technology. However, the findings of the evaluation indicate that the practice of providing a record of contact with police received mixed support. The mandatory issuing of a receipt of contact made people confused and at times concerned as to why they are receiving this record of contact. Issuing a mandatory receipt was seen to be opposing to the value of the receipt and as a result a more flexible approach was introduced. The receipt of contact would be given at the request and discretion of a member of the public. This improved and flexible approach received support and was considered both practical and a positive contribution to an improved policing service (Victoria Police 2013). All these steps have been taken by Victoria Police as well as the community to address the issue of racial profiling within its ranks.

Conclusion

In conclusion, this essay has covered a number of aspects regarding the problem of racial profiling by police in Victoria. This essay discussed the nature and extent of racial profiling by police in Victoria and explored the underlying factors that contribute to this systemic racism (O’Donnell 2019). The impacts racial profiling has on its victims are detrimental and affects both the individual and the community as a whole. This essay also critically discussed the steps that have been taken to address the issue of racially biased policing including the introduction of a Recipient proof of contact approach as well as introducing a face to face training program to improve and effectively respond to the problem of racial profiling. This research essay shows that racial profiling to a certain degree is embedded within the system and has been a major issue for many years in Victoria.

References

1. VicHealth 2014, Findings from the 2013 survey of Victorian’s attitudes to race and cultural diversity, Victorian Health Promotion foundation, Melbourne Australia, < https://www.vichealth.vic.gov.au/-/media/ResourceCentre/PublicationsandResources/Discrimination/LEAD-community-attitudes-survey.pdf>.
2. Run, P 2013, ‘Unnecessary Encounters: South Sudanese refugees’ experiences of racial profiling in Melbourne’, Social Alternatives, vol. 32, no. 3, pp. 20–25, viewed 28 May 2020, .
3. Clarke, JA 2018, ‘Explicit Bias’, Northwestern University Law Review, vol. 113, no. 3, pp. 505–586, viewed 29 May 2020, http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,sso&db=a9h&AN=133263443&site=ehost-live&scope=site.
4. Victoria Police, 2019, Receipting Proof of Concept, Melbourne, Retrieved may 30 2020, .
5. Youth Law Australia, 2017, Violence and harm: Discrimination, Retrieved 26 may 2020, .
6. Markwick, A, Ansari, Z, Clinch, D & McNeil, J 2019, ‘Experiences of racism among Aboriginal and Torres Strait Islander adults living in the Australian state of Victoria: a cross-sectional population-based study’, BMC Public Health, vol. 19, no. 309, p. (14 March 2019), viewed 2 June 2020, http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,sso&db=lhh&AN=20193288528&site=ehost-live&scope=site.
7. Police accountability, 2013, Racial profiling, Police Accountability, viewed 1 June 2020, .
8. Young, M 2013, ‘Confronting racial bias’, Law Institute Journal: Official Organ of The Law Institute of Victoria, vol. 87, no. 10, p. 6, viewed 28 May 2020, http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,sso&db=lgs&AN=91598039&site=ehost-live&scope=site.
9. Schlosser, M 2018, ‘Scenario-Based Training to Reduce Racially Biased Policing: Understanding Implicit Racial Bias’, Law Enforcement Executive Forum, vol. 18, no. 2, pp. 16–24, viewed 3 June 2020, http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,sso&db=i3h&AN=130816397&site=ehost-live&scope=site.
10. Logan, W 2019, ‘Policing Police Access to Criminal Justice Data’, Iowa Law Review, vol. 104, no. 2, pp. 619–677, viewed 2 June 2020, http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,sso&db=a9h&AN=134341289&site=ehost-live&scope=site.
11. O’Donnell, M 2019, ‘Challenging Racist Predictive Policing Algorithms under the Equal Protection Clause’, New York University Law Review, vol. 94, no. 3, pp. 544–580, viewed 27 May 2020, http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,sso&db=lgs&AN=136595710&site=ehost-live&scope=site.
12. Hayle, S, Wortley, S & Tanner, J 2016, ‘Race, Street Life, and Policing: Implications for Racial Profiling’, Canadian Journal of Criminology & Criminal Justice, vol. 58, no. 3, p. 322, viewed 1 June 2020, http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,sso&db=f5h&AN=116849479&site=ehost-live&scope=site>.

The Greater London Authority’s analysis of the 2001 Census, ‘World in One City’ found people from 179 different nations living within London and The Guardian Newspaper praised it as ‘the most cosmopolitan place on earth’ (Vertovec, 2007, p. 1024). This resulted in British policy-makers producing a strategy called Multiculturalism, acknowledging the mass scale of immigration from the African Caribbean and South Asia and to implement strategies to ensure equality for ethnic minorities (ibid, p. 1027). However, this essay argues the stereotyping that Back et al explains about ‘Niggers’ relates not only to individuals who are ‘overlooked’, but marginalised (2009, p. 354-355). Referencing the educational performance and crime statistics (ibid), Frantz Fanon quoted ‘Dirty Nigger! or simply, Look, a Negro!’ (ibid, p. 354), believing that when these racist comments are not said ‘you can see it in a gaze or hear it in the solecism of a still silence’ (ibid). With that said there have been times when comments have been considered racist such as Enoch Powell’s ‘River of Blood Speech’ when he called immigrants ‘piccaninnies’, during the mass influx of immigrants to Britain and predicted violence to occur if continued (Youtube, Rivers of Blood Speech). Significantly violence did occur during the Brixton riots caused by racial disadvantage, and hate crimes have recently been exacerbated after the European Union (EU) Referendum.

Racial profiling has been coined as a form of racial stereotyping which exists not only in society but also in organisations and law enforcement agencies (Tanovich, 2004, pp. 908-909). Henry and Tator (2011, p. 66 citied in Chan, 2011) invoke the principle that ‘racism/racial profiling is to be judged primarily by its consequences in creating inequality for certain groups’ (p. 75) and has been acknowledged to exist in the United Kingdom (UK) (Tanovich, 2004, pp. 908-909). Findings have identified racialized characteristics, most notably in Black identities, that arouse police suspicion and led to them being stopped and search on foot and in cars. Factors that are considered suspicious to police officers include gender (male) and location. Officers who implement racial profiling use it as a display of overt racism towards identities that are considered by most people as ‘bad apples’ (ibid, p. 911). Therefore, racial profiling is considered a demonstration of ‘systematic racism’ (ibid, p. 912). Social science literature explains that individuals make assumptions about strangers based on stereotypes connected to the unknown group such as race, this grouping process is termed racialization. When the decision based on race has been made, they change their behaviour based on their cultural understanding. The police use their experience in past events to guide them for future policing which is why the police perceive the usual drug suspect as a young black male (ibid, pp. 913-914). Bou-Habib (2011) argues that racial profiling is unethical, providing the assumption that certain ethnic groups are unable to follow rule and law (p. 34).

The Scarman Report highlighted the discriminatory use of power increased tensions between particular communities and the Criminal Justice System (CJS). In 1999, Black people were 5.9 times more likely to be stopped and searched than White people under powers contained within Section 1 of the Police and Criminal Evidence Act 1984 (PACE) (Burnett, 2012, p. 96). In 2011, Black people were nearly three times more likely to be stopped and searched under Section 60 of the Criminal Justice and Public Order Act 1994 than White people, leading to accusations of increasing ‘racial profiling’ (ibid).Government statics revealed that more mixed-race people were victims of crime last year than white people and white offenders were sentenced to shorter custodial sentences than Black people in 2009 to 2017 (The Guardian, 2019). In 2017/18 there were 277,378 stop and search incidents conducted in England and Wales; furthermore in 2017/18, there were 3 stop and searches for every 1,000 White people, compared with 29 stop and searches for every 1,000 Black people (GOV.UK, March 2019). However, there were 35 arrests for every 1,000 Black people, and 11 arrests for every 1,000 White people in 2017/18 (ibid). Black people had the highest arrest rates in every police force area for which there was data in 2016/17 (ibid). Moreover, it should be noted that the more a certain group is aimed at, the more likely criminality will be revealed. In the UK, legislation allows the police to detain and search individuals whom they suspect to be in possession of stolen goods. Stop and search power in the UK is much broader than the present powers in countries such as Canada (Tanovich, 2004, pp. 913-914). However, while Black people have been able to hold institutions to account for racism, there are still some ‘stubborn’ areas, which explains the increase in calls for stop and search to tackle knife crime (The Guardian, 2019).

The UK government have been seen over the years to marginalise the Black community. Despite the Scarman Report revealing racial disadvantage was the cause of the riots in 1981, Margaret Thatcher responded by condemning them as criminal activity and lawlessness (Small and Solomos, 2006, p. 245), along with rising crime and drug use, an increase in Black youth unemployment, and the ‘Thatcherite assault’ on welfare support (Hall, p. 189). However, while Lord Scarman claimed the police were not institutionally racist, (Small and Solomos, 2006, p. 245) he advised recommendations to improve policing on community and race issues, such as Racism Awareness Training. These proved to be inadequately implemented (Hall, p. 190). Suggesting the issues for the Black community were not taken seriously.

Furthermore, Black people, while having their grievances ignored by the police, have been subjected to many racial attacks such as during the campaign in the 1970s against ‘sus’ laws, and the setting fire of Michael Menson in 1997 (Hall, p.188). It was not until New Labour brought in vital measures to tackle racial discrimination with the Macpherson Report in 1999 (Small and Solomos, 2006, p. 25) conducted by Sir William Macpherson who stated that the police actions during the Stephen Lawerence murder were ‘institutionally racist’ (The Guardian, 2019). Macpherson defined institutional racism as ‘The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin’ identified through attitudes and behaviours which show prejudice towards them (HOC Home Office Committee, 2009, p. 6). This was disputed by the then-Metropolitan Police Commissioner (ibid). This term led to calls for anti-racism and reforms for equality to combat race riots, racist violence and the prejudice that was rife in Britain since the days of ‘no blacks, no dogs, no Irish’ (The Guardian, 2019).

The Home Office’s findings showed that 67 of Macpherson’s 70 recommendations have been implemented fully or in part by the police to combat racial and discrimination (HOC Home Office Committee, 2009, p. 2). Significantly, it led to the Race Relations (Amendment) Act 2000 and a change in the law on double jeopardy, which opened up the possibility of a retrial of some of the men strongly suspected to have been involved in the Stephen Lawrence murder, including Dobson, who was convicted (Burnett, 2012, p. 93). The changes have resulted in an improved reporting of hate crimes which has increased to 60,000 incidents a year, and the hate crime detection rate has doubled to 44% (HOC Home Office Committee, 2009, p. 3).

Despite this, Alfred John, the Chair of the Equalities and Human Rights Commission (EHRC), believes the Metropolitan Police Service (MPS) continues to be institutionally racist as it continues to fail to recognise discriminatory behaviour in the service. Doreen Lawrence, the Chair of the Metropolitan Black Police Association, citied the stop and search as an example of this (ibid, p. 6). Kapoor (2013) argues that New Labour encouraging ‘Community Cohesion’ can be viewed as a form of racial neoliberalism (p. 1033). In 2010 Prospect Magazine published a report titled ‘Rethinking Race’, which argued that racism was no longer so noticeable, although the increase in tracking required under the Race Relations (Amendment) Act 2000 has encouraged suspicion and fear of ethnic groups (ibid, p. 1031). Therefore, creating inclusion and social justice through policy making is unsuccessful (Bhopal, 2018, pp. 4-5).

Lammy Review (2017) is an independent review which was established to ‘make recommendations for improvement with the goal of reducing the proportion of Black, Asian and minority ethnic people (BAME) offenders in the criminal justice system (CJS)’ (p.3). Young Black boys are more likely to be excluded from school and to be arrested as teenagers. However, findings have shown that contrast to a decade ago, fewer young people are offending, reoffending and going into custody. This was helped by the Youth Offending Team (YOTs) established by the 1998 Crime and Disorder Act, to help reduce this problem (ibid, p.4). YOTs were set up to help offenders in the community to start new lives, although in the last 5 years 22,000 BAME children have had their names added to the Police National Database including minor offences which constrain their job opportunities (ibid, p. 5). The 55-page report, ‘Trapped in the Matrix’, highlights the MPSs gang-mapping database, The Gangs Matrix which was introduced in 2012 as ‘highly-politicised response’ to the 2011 London riots. Listing individuals as “gang nominals”, in October 2017, 3,806 people were listed on the Matrix, and 78% of individuals on the Matrix are black. One response from a Met Police officer stated that the ‘gang label’ is ‘disproportionately assigned to Black men and boys’ (Amnesty, 2018). Stafford Scott, from the London Monitoring Group, challenges racism in policing, arguing that the Gangs Matrix is counterproductive and further embeds distrust in, and the legitimacy of, the police (ibid).

Contributors have criticised the effectiveness of police power in tackling all crime, which if it was measured by arrest rate, was a ‘manifest failure’. This view was also echoed by a survey conducted by Black Training and Enterprise Group (Home Office, 2014, p. 9). Furthermore, Her Majesty’s Inspectorate of Constabulary (HMIC) inspection into the use of stop and search powers acknowledged that police officers were unable to demonstrate the best approach to use to prevent crime. Also, they could not explain what had been achieved from the use of stop and search (ibid, p. 10). Moreover, it has been acknowledged that stop and searches have created criminal offences, as individuals who are subjected repeatedly to stop and searches are likely to be arrested after becoming enraged (Williams, 2018, p. 7). Williams (2018) argues that the Mayor’s Office for Policing and Crime Report in 2016 revealed the serious need to combat violence in England and Wales. This however cannot be tackled through the ‘war against gangs’ that has been implemented through the ‘Ending Gangs and Youth Violence’ strategy, as it is largely unsuccessful (p. 27).

Police records for crime statics revealed an increase of 25% for the possession of a weapon offences in the year ending March 2018 compared to the previous year (Home Office, 2018, p. 12), indicating that the powers are effective in certain areas to tackle or prevent crime. Campaign groups have suggested that police officers use the powers in a sensitive manner to tackle ‘serious’ crime and violence as they warn the powers being used for low-level drug possession offences may damage community relations with the police (Home Office, 2014, p. 11). A survey of 4,920 had showed that Blacks were least likely to agree that stop and searches were effective (Home Office, 2014, pp.7- 8). All ages of non-whites showed issues of the discriminatory use of the powers (ibid, p. 9), believing they are deemed ‘deviant’ and are targets of ‘suspicion’ (The Guardian, 2018). Stops and searches under PACE 1984 has been in decline. This is due to the change in policy by MPS and the Home Office to increase the ‘fair’ use of powers (Boultwood, 2018). Furthermore, the government introduced a new scheme in 2014 called ‘Best use of stop and search’ to encourage transparency around how stops and searches happen and to identify the most effective time to use them (ibid).

In every one of the last 5 years, a lower percentage of Black Caribbean people said they had confidence in their local police compared with White people. 2017/18 showed that confidence in police by Black people was 76% compared to 78% for white people (GOV.UK, Dec 2018). Even though BAME make up 14% of the population, they represent 25% of prison population, while over 40% of young people in custody are from BAME backgrounds. This makes a greater disproportionality of Black people than in the United States (Lammy Review, 2017, p. 2). Despite the UK government prohibiting the use of racial profiling, the police have historically applied their power to stop and search citizens from ethnic minority groups (Travis, 2016, citied in 2017, p.549). The Independent Police Complaints Commission provided data of the number of Black citizens that expressed grievances about the police and their unfair tactics of policing towards them. In 2007/2008 a total amount of 5,156 complaints- the MET area received 979 of them. (Yesufu, 2013, p. 291). Black individuals who experience racial profiling are worried about the injustices and insecurity they feel, which leads to bad community relations with the police (Chan, 2011, p. 75). This occurred in London when violence erupted during the Brixton Riots in 1981, the Broadwater Farm Riots in 1985 and the burning and looting in 2011 (Yesufu, 2013, p. 281). This view was echoed by an interviewee explaining that the younger generation who had grown up and were born and raised in Britain, considered themselves British and were ‘not going to take the shit handed out to their parents’ (Youtube, River of Blood Speech). Lippert-Rasmussen explained that non-profiled groups are the cause of the unjust social circumstances that result in a higher offender rate of the profiled group. The social conditions they encounter such as unemployment, result in crime being more difficult to avoid. However, it is noted that the more advantaged in society have failed to alter these social conditions through public policies to tackle these higher offender rates (Bou-Habib, 2011, p. 37).

The Organization for Security and Co-operation in Europe’s Ministerial Council have repeatedly warned of the threat that hate crimes will pose on the security of individuals and to social cohesion, as well as their potential to lead to conflict and violence (OSCE, 2019). The continuance of racial inequalities in the UK were revealed in a report produced by the EHRC, finding an increase in race hate crimes in the last five years (Bhopal, 2018, pp. 9-10), especially after the UK voted to leave the EU (ibid). True Vision saw a 57% increase in the reporting of race crime in the 3 days after the vote, compared with to the previous month (ibid, p. 12). Despite it being a criminal offence under the Public Order Act of inciting racial or religious hatred in a speech or through behaviour (True Vision, 2019), the referendum gave individuals the right to voice prejudices and racism towards minority ethnic groups (Bhapol, 2018, p.12).

The Casey Review (2016) revealed that government has failed to be successful in its policies to get community cohesion. These policies first arose under the Labour Government after the riots in Northern towns. Several academics explained the key to successful integration is through providing economic advantages, a feeling of belonging to a community and to encourage social interaction. However, it has been noted that these issues are largely ignored by past successive Governments’ integration plans. The Coalition Government in 2012 attempted to address this issue with the policy of ‘Creating the conditions for integration’ (ibid, pp. 149-150). Although they had allocated only a small amount of funding towards projects such as ‘Big Lunch’, more is needed to combat this issue (ibid). Furthermore, it was noted that some interfaith work was ‘avoided’ and there was no initiative to tackle individuals that undermined cohesion (ibid).

To conclude, Keith (2005, p. 1, citied in Vertovec, 2007) explains that cities in the 21st century will be challenged by multiculturalism’ (p. 1050). In which statics evidence have shown some of the issues that have arisen are that Black communities are stopped and searched more and are on the National DNA Database and this has increased since 1999. They are also overrepresented in the CJS (HOC Home Affairs Committee, 2009, p. 7). Despite calls for reforms and integration the British government have done little to address these issues and to make the Black community feel included in society. However, while police continue to use ‘race’ as a tactic aimed at certain individuals for crimes, considered to be a ‘manifestation of systemic racism’ and unsuccessful as a preventer of crime, with negative effects on the targeted communities (Tanovich, 2004, p. 933). Which evidently has shown to led to violence over the years of ignorance by the government.

Bibliography

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13. Garner, S. (2010) Racisms an introduction. London: SAGE Publications.
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Introduction

Although there is not one blanket definition for racial profiling across police departments, Schaefer (2016) defines it as “any police-initiated action based on race, ethnicity, or national origin rather than the person’s behavior” (p. 55). According to Warren and Tomaskovic-Devey (2009), “the use of racial profiles dates back to the late 1970’s when federal agents created drug courier profiles for the purposes of apprehending drug traffickers in American airports.” The problem with the phenomenon of racial profiling is that stopping someone based solely on their racial or ethnic group violates their 4th Amendment Constitutional Right to equal protection under the law. In addition, before an officer stops someone they must be able to articulate the reason for stopping the person and they must be able to define what the person did to break the law (Barber & Marsh, 2000).

The Stanford University Open Policing Project was established in 2014 by Cheryl Phillip with the goal of helping researchers, journalists, and policymakers investigate and improve police/public interactions. They are a team of researchers and journalists who take statistical analysis and combine it with data journalism. The categories for which data is provided are stop date, time and location, driver’s race, sex and age, whether a search was conducted and contraband was found, if there was a citation or warning issued, if there was a frisk performed or an arrest made, the reason for the stop and if there was a violation.

This paper will present information from various sources explaining how and why racial profiling is wrong and unconstitutional. There will be data presented which shows a disparity in the stops and searches between minorities and Whites, along with information on who is more susceptible to being racially profiled.

Literature Review

According to Barber and Marsh (2000), a justifiable traffic stop is one where a police officer has reasonable suspicion or witnesses an infraction before stopping a car. The Stanford University Open Policing Project published a study showing that across the United States, Black drivers were about 20 percent more likely to be stopped by police than White drivers during the day (Ortiz, 2019). Ortiz (2019) states that a study was then conducted to analyze the rate of Black drivers being pulled over after dark when it is harder to distinguish race from a distance. Research found there was a 5-10 percent drop, which suggests that Black drivers are indeed profiled during the day. This data was collecting from nearly 100 million traffic stops between 2011 and 2017 in California, New York, and Texas, along with 29 municipal police departments (Ruiz-Grossman, 2019). According to Ruiz-Grossman (2019), although there was a higher likelihood of finding drugs, guns, and other contraband during the stops of White drivers (36%), Blacks, who possessed 32 percent, were searched 1.5 to 2 times as often.

Chan (2011) states that there is a vast literature which supports the finding that police officers often times form stereotypical opinions about the criminality of certain ethnic groups (p.76). This practice can lead to certain ethnic groups losing confidence and trust in the police, feelings of harassment, and alienation from the legal system (Chan, 2011). According to the data analyzed by Weitzer (2000), Black residents in Chicago perceived profiling as a result of racism, whereas White residents explained that the treatment was as a result of Blacks having a greater involvement in street crime. Rosenbaum, Schuck, Costello, Hawkins, and Ring (2005) assess that negative attitudes toward police prior to an encounter such as being profiled help in shaping the assessment of the encounter itself.

Although the practice of racial profiling can sometimes be difficult to prove, the use of cell phone cameras and social media have helped in highlighting situations of perceived racial disparities. Warren and Tomaskovic-Devey (2009) found that in North Carolina, there had been a reduction in racial disparity searches due to media coverage along with legislation. However, as Steven (n.d.) points out, often times, the way information is presented by the media and personal videos presents citizens with conflicting images of police and taints the legitimacy of policing, leaving the public wondering if the police are ineffective and incompetent.

Exploration of this subject is important to improve and restore the relationships and reestablish trust between police officers and communities. There are gaps in some of the data explored, which need to be filled, because there are many cities and states that do not offer enough data to the Stanford Open Policing Project to be reported as they do not feel reporting this information is a priority (Ortiz, 2019).

Analysis

One common theme found in every source used was that racial profiling is not only unconstitutional; it is ineffective, wrong, and causes distrust and hostility between the community and the police. Evidence from various articles supports the claim that people of color are stopped at disproportionate rates (20% more) over Whites. Evidence was presented which states that although Whites are found with more illegal guns, drugs, and contraband, they are stopped and searched at a lower rate than Blacks and Latinos. Evidence states that with the legalization of marijuana in Colorado and Washington State, the number of overall stops has reduced, but the search rate for minorities is still two times higher than that of Whites. There was information provided which shows that Whites acknowledge the difference in how Blacks are treated by the police, but they suggest that the reason for Blacks being stopped and searched at higher rates is because Blacks have more involvement in street crime; a claim which is not supported by data. Strong data was found which shows that across the United States, it is acknowledged that racial profiling is a persistent problem. There have been multiple efforts put forth to try to end it, along with stop and frisk, which still remains lawful and widely used in many areas of the United States.

A legislation that has been introduced on four different occasions since 2001 is the End Racial Profiling Act or ERPA. The legislation is intended to prevent law enforcement officials from profiling individuals based on their race, ethnicity, religion, and national origin.

ERPA states the following: ERPA addresses the problem of racial profiling in several ways. First, it would explicitly prohibit racial profiling, which would be enforceable by declaratory and injunctive relief. Second, the Department of Justice would be authorized to provide grants to law enforcement agencies to develop and implement best practices. Third, as a condition of receiving federal funds, law enforcement agencies will have to collect data on all routine and spontaneous investigatory activities that must be submitted to the Department of Justice. Finally, the Attorney General would be required to issue periodic reports to Congress assessing the current state of discriminatory racial profiling (End Racial Profiling Act Introduced in the House and Senate, 2013, para. 3).

Conclusion

In 2016, due to the gun violence in Chicago, Donald Trump encouraged the Chicago Police Department to “stop and frisk” anyone who they perceived as a danger or whoever they thought may have committed a crime. He stated that New York used the tactic in the 1990’s to early 2000’s and it proved effective. However, the practice was ruled unconstitutional in 2013. New York stopped the policy in 2014, and the crime and murder rates in the city dropped. Without the use of stop and frisk, the crime and murder rates in Chicago dropped in 2018 for the second year straight (Rucker, 2018).

Profiling someone based on their race or ethnicity is wrong and the consequences could be dangerous or fatal. There have been instances of police arresting the wrong individuals based solely on their race or ethnicity, and extreme cases such as Walter Scott in South Carolina, Samuel DuBose in Cincinnati, and Philando Castile in Minneapolis who were all Black men who were profiled, shot and killed.

Police are not the only ones who racially profile people of color. There have been situations where people entering their own homes have been arrested, a young Harvard woman fell asleep in the library and the police were called on her, and Trayvon Martin was profiled and killed by someone who assumed he was a danger because of the color of his skin.

The topic of racial profiling may be one which is uncomfortable, and while all police officers do not profile, or are unaware that they are profiling, the key to preventing racial profiling is training and ongoing training. As stated by Ortiz (2019), training is detrimental for officers and supervisors and it is imperative for police departments to recruit against it and to promote against it. According to the International Association of Chiefs of Police (IACP), there is one good reason not to profile- because it is wrong (Barber & Marsh, 2000).

References

1. Barber, R., & Marsh, D. (2000). Racial profiling. St. Louis, MO: Line of Duty.
2. Chan, J. (2011). Racial Profiling and Police Subculture. Canadian Journal of Criminology and Criminal Justice/Revue Canadienne de Criminologie et de Justice Penale, 53(1), 75–78. https://doi.org/10.3138/cjccj.53.1.75
3. End Racial Profiling Act Introduced in the House and Senate. (2013, August 1). Retrieved from https://www.thetaskforce.org/end-racial-profiling-act-introduced-in-the-house-and-senate/.
4. Graziano, L., Schuck, A., Martin, C. (2010). Police Misconduct, Media Coverage, and Public Perceptions of Racial Profiling: An Experiment. Justice Quarterly, 27(1), 52–76. https://doi.org/10.1080/07418820902763046
5. Ortiz, E. (2019, March 17). Inside 100 million police traffic stops: New evidence of racial bias. Retrieved from https://www.nbcnews.com/news/us-news/inside-100-million-police-traffic-stops-new-evidence-racial-bias-n980556.
6. Rosenbaum,D.P.,Schuck, A.M. Costello, S. K., Hawkins, D. F., & Ring, M. K. (2005). Attitudes toward the police: The effects of direct and vicarious experience. Police Quarterly, 8(3), 343–365.
7. Rucker, P. (2018, October 9). Trump says Chicago police should use ‘stop and frisk’ tactics to curb shootings. Retrieved from https://www.washingtonpost.com/politics/trump-says-chicago-police-should-use-stop-and-frisk-tactics-to-curb-shootings/2018/10/08/a4afaaa0-cb0f-11e8-a3e6-44daa3d35ede_story.html.
8. Ruiz-Grossman, S. (2019, March 19). Study Backs What Black Drivers Already Know: There’s Racial Bias In Police Stops. Retrieved from https://www.huffpost.com/entry/white-black-drivers-police-stops-searches-racial-bias_n_5c916558e4b0f7ed945d4ba3.
9. Steven Chermak, S. (n.d.). Media coverage of police misconduct and attitudes toward police. Policing : an International Journal of Police Strategies & Management., 29(2), 261–281. https://doi.org/info:doi/
10. The Stanford Open Policing Project. (n.d.). Retrieved from https://openpolicing.stanford.edu/.
11. Warren, P., Tomaskovic-Devey, D. (2009). Racial profiling and searches: Did the politics of racial profiling change police behavior? Criminology & Public Policy, 8(2), 343–369. https://doi.org/10.1111/j.1745-9133.2009.00556.x

For the longest time, law enforcement officials have use profiling as a part of their tactic to apprehending criminals. However, in recent times profiling has become a major concern because law enforcement officials are unable to separate their tactic of criminal profiling from racial profiling. According to Perry (2016), racial profiling is “when the members of a particular or racial or ethnic group become subject to greater criminal justice or institutional surveillance than others” (pg. 420). In addition to this, racial profiling can also be seen as the fact that individuals in certain ethnic groups are more likely to predict culpable behaviours. For example, an officer may see two Black individuals shaking hands in a high drug crime area and assume that a drug transaction is taking place (MacAlister, 2011). As a multicultural nation, Canada protects its core values such as the freedom from discrimination and arbitrary (MacAlister, 2011). Although both the Government and police services have acknowledged that racial profiling is unacceptable and intolerable, it persists to this day. Certain activities conducted by law enforcement officials can make people feel as if they are being racially profiled (Ryberg, 2011). This paper will aim to examine the stereotypes, the interaction the racial profiling has on our legal system, and arguments for and against racial profiling. Comment by Heather Steele: HERE WOULD BE A REALLY GOOD IDEA TO GIVE OUT RACIAL PROFILING EXAPLES?

Myths and Stereotypes (brooms & Perry)

Myths and Stereotypes can have a major impact on all ethnicities. The representation of African-Americas, in the past and in the present, are demonstrated as stereotypes that disproportionally put then at a disadvantage in their lives. This can particularly be seen in the words that are associated with African-Americans. According to Brooms and Perry (2016), the stereotypical words associated with white skin colour be “respectability, civility, and trust” whereas black skin colour is usually associated with “poverty, danger and distrust” (pg. 168). These words not only have a negative impact on their personal life, but also on their work life too. Black men working in professional settings are at a higher risk for racial microaggressions and this is because they are often employed in White institutions or companies where they experience many forms of discrimination (Brooms & Perry, 2016). However, this idea of racial microaggressions in the work place could be attributed to the fact that their life opportunities are significantly narrowed due to their skin colour. Therefore, these young Black males have no choice but to work under the employment of white management.

Another interesting myth is the fact that most crimes in the United States are committed by African-Americans. To coincide with this, there has been myths in the past that pertain to African-Americans preying on White people (Brooms & Perry, 2016). Although there maybe some truth to this myth, it is likely that it is over exaggerated. For example, in 2005, 86% of White Americans who were murdered were actually murdered by other White Americans. Therefore, it was proven through statistics that African Americans were not the ones “preying” on White Americans (Department of Justice’s Bureau of Justice Statistics, 2005). This is simply a stereotype about African Americans that dates back for many years. This very well could be due to the fact that Black male avatars are generally portrayed as more violent and aggressive than white avatars in video games and mass media (Brooms & Perry, 2016). Furthermore, the continuous representation of Black males portrayed this way further imposes the fear and resentment towards Black males. These negative stereotypes of Black men as dangerous criminals are deeply impeded in the PSYCHE of society. According to Brooms and Perry (2016), it is a contributing factor to the racial disparities of White officers killing young unarmed Black men. Of course, racial profiling is not limited to interactions involving the Black community alone. It applies to any group that is being stereotyped largely based on their race or colour.

Interaction with Law Comment by Heather Steele

Considering the police-citizen race tensions, it is important to note the impact that racial profiling has had on the United States of America. Racial profiling can affect many different ethnic groups. However, one of the most affected group has been African-Americans (“Black Lives Matter Herstory,” n.d). One of the most prime examples of racial profiling can be seen in 2012 when George Zimmerman was acquitted for the murder of 17-year-old Trayvon Martin. Following this, Trayvon was essentially tried in the court for his own murder (Black Lives Matter Herstory, n.d). Since then, this kind of racial profiling has been responsible for the emergence of the Black Lives Matter Movement. Some victims of racial profiling include: Tamir Rice, Laquan McDonald, and Michael Brown (REF). However, it is important to note that this list is not exhaustive and that there are many more victims of racial profiling in both the United States and Canada. Subsequently, police officers in the United States have still directed lethal force towards young Black men. On February 9, 2019, Willie McCoy was shot 25 times while he was asleep at a drive though because police claim that there was a gun on his lap (NewsOne Staff, 2019) However, since 2012 there has been little to no cases of racial profiling against civilians of other ethnic groups.

Another prime example of racial profiling that is closer to home can be seen in the case of Donald Marshall Jr. In 1983, Marshall was an 18-year-old Aboriginal that was convicted of the murder of Sandy Seale (R v. Marshall, 1983). Although Marshall did not murder Sandy Seale, he still spent 11 years in jail before he was finally exonerated (R v Marshall, 1983). Early on in the investigation, one of the officers ultimately decided that Marshall stabbed the victim despite the lack of evidence supporting his conclusion. According to R v. Marshall (1983), there was a general sense that Indians were not seen as equal as the Whites. There were two witnesses that were intimidated by police and ultimately were coerced into providing alternative versions of events that supported the investigation into Marshall (Butts, 2009). Despite the wrongful conviction, racial profiling played a significant role in the imprisonment of Donald Marshall Jr.

Arguments for Racial Profiling

Despite the literature surrounding racial profiling, there are many arguments that focus on the positive effects of racial profiling. Racial profiling can be seen as beneficial because it allows law enforcement agencies to look for specific criminals based on similar ideologies. Meaning that, if law enforcement agencies know what type of person fits the profile of the criminal, it can help save value resources (Ryberg, 2011). Furthermore, this can lead to the assumptions that law enforcement officials will be able to apprehend more criminals. According to Pudnick (2017), racial profiling is often advocated as a means of maximizing the effectiveness of scarce resources in controlling crime and preventing terrorist attacks. However, it can be hard for police officers to be able to accurately distinguish between races, particularly when different racial groups share similar physical features (Pundik, 2017). For instance, it may be difficult for officers to be able to differentiate Punjabis, who are perceived as having gang and drug trade affiliation in British Columbia, from other South Asians. However, this is not the only argument for racial profiling.

Many advocates of racial profiling contend that it is a necessary tool during an investigation because statistics show that people from certain demographics often are more likely to commit certain crimes associated with that background than those from an unrelated background. In addition to this, many law enforcement agencies adhere to the fact that it would be irresponsible to disregard this insight simply because it may be considered racist (Ryberg, 2011). In a reasonable scenario, law enforcement officials typically use all the information that they have access to in order to deter present and future criminal activity. If some level of racial profiling were to provide crucial intelligence that did indeed deter crime, the conclusion is perhaps that racial profiling should in fact remain a part of law enforcement’s more general professional arsenal.

Arguments against Racial Profiling

Despite the literature surrounding the arguments for racial profiling, the other side of the debate need to be addressed. One of the first arguments in contradiction to racial profiling has to do with the idea that it is indeed racist. According to Pundik (2017) racial profiling “involves taking the suspect’s behaviours to be determined by his race, age, and gender, none of which is within his control” (pg. 178). The act of racial profiling is well-known to law enforcement officials however, the generalizations that coincide with racial profiling has been known to create tension in specific communities. These tensions may further lead the community to feel as if they are constantly under suspicion. When this happens, its probable assume that these individuals are less likely assists law enforcement officials in solving crimes and more likely to engage in suspicious behaviours. According to Tanovich (2002), this is one of the reasons why most law enforcement groups oppose racial profiling. Eventually over time, the practices of racial profiling on minority groups will contribute to the overrepresentation of ethnic groups within the criminal justice system.

Subsequently, racial profiling is also known to violate section 15 of the Charter of Rights and Freedoms in Canada. Section 15 of the Charter states that all individuals are equal before the law and prohibits discrimination based on race, national or ethnic origin, and colour, among other grounds (CHARTER REF). Yet, cases pertaining to section 15 of the charter are in fact rare.

Furthermore, sections 15 of the Charter ensures equality in the application of the law and the right not to be discriminated against on the basis of race or ethnicity. Any form of unequal treatment would be in violation of this section.

However, section 15 cases with respect to race are rare. In fact, there are only a handful of instances where the Supreme Court of Canada has directly dealt with race under section 15.32 For example, race was a factor in both R v RDS and R v Williams but neither case specifically concerned the issue of police officers engaging in racial profiling.3

The limited use of section 15 in racial profiling cases underscores the difficulties of proving racial discrimination. Specifically, it is the plaintiff who bears the burden of ruling out any competing explanations that are unrelated to race for the detaining officer’s behaviour and it is typically not difficult to generate such explanations as a defence after the fact.35 Also, the decision to act on the basis of race may be an unconscious one, in that a police officer may or may not be aware of his racist attitudes when acting on a hunch.36 Lastly, the evidence upon which racial profiling can be demonstrated is generally circumstantial in nature.37

Although there are many more arguments that oppose the use of racial profiling, the discussed issues are overwhelming, and, unfortunately, are often overlooked in discussions of the validity of the practice.

This paper argues for a more controlled use of racial profiling than some Canadian Courts currently allow. When racial profiling commences, there is the possibility that a person’s Charter rights are impacted negatively due to the assumptions about their appearance. It is important to acknowledge the importance of a system in which Crown can disprove or legitimize the use of racial profiling. However, when police officer do engage in racial profiling tactics, it is important for the Crown to acknowledge the legitimacy of doing so.

We all make mistakes and often jump to conclusions but I’d we control our emotions, our actions , and rationalize each situation thoroughly from the perspective of others, over reaction or escalation of any single situation could be prevented and understood to simply be a necessary function of law enforcement.

CONCLUSION

Overall, the basis of racial profiling can be a highly problematic practice that has more disadvantages than it does benefits. When an individual has been racially profiled it becomes challenging for the community to trust the legitimacy of law enforcement agencies. Although it may be hard to break the chain of racial profiling, police agencies should aim for a moderate method of racial profiling. Meaning that, they should acknowledge the stereotypes of certain ethnic groups however, they should only be able to persecute an individual when they have hard concrete evidence.

Overall, this debate remains important for law enforcement officials to engage in so that they are able to build a relationship with the communities that they serve. When assessing the permissibility of racial profiling, the challenge is to balance the protection of rights against the need to ensure effective policin

References

1. Perry, B. J. (2016). Diversity, crime, and justice in Canada. Brantford, Ontario: W. Ross MacDonald School Resource Services Library.
2. Black Lives Matter Herstory. (n.d.). Retrieved March 6, 2019, from https://blacklivesmatter.com/about/herstory/
3. NewsOne Staff. (2019, February 23). 54 Black Men and Boys Killed By Police. Retrieved March 6, 2019, from https://newsone.com/playlist/black-men-youths-who-were-killed-by-police/
4. Nova Scotia (Attorney General) v. Royal Commission (Marshall Inquiry), 1988 CanLII 7107 (NS CA), , retrieved on 2019-03-06
5. https://novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf or https://ca.vlex.com/vid/r-v-marshall-681559005
6. Butts, E. (2009, August 6). Donald Marshall Jr. Retrieved March 6, 2019, from https://www.thecanadianencyclopedia.ca/en/article/donald-marshall-jr
7. Canadian Charter of Rights and Freedoms, s 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
8. The position papers require students to critically examine the diversity issue and competing sides of the policy debate and to adopt and defend a theoretically and empirically informed position, whether supporting or opposing the policy position.
9. The purpose of the position papers is to explore and, ideally, challenge some of the myths and stereotypes associated with specific identity groups in their interactions with Canadian laws and the legal system. Position papers must be based on scholarly and socio-legal research evidence and argument, including applicable statistics, research studies, scholarly writing and argument, government and non-government reports, and applicable legislation and case law. Thoughtful critical analysis is required.

George Floyd and Breonna Taylor are only two of the many names within the number of African Americans that have lost their lives as a result of police brutality. As a consequence, from police officers acting on police brutality, or “…excessive…often illegal use of force…,” the majority of cases reported have resulted in African Americans suffering “from assault and battery to mayhem, torture, and murder” (Moore). To reduce this issue, the policing system, must be reformed by adjusting the way officers are trained in order to decrease the mental and physical effects present in African American communities.

The issue of police violence towards Black Americans originates from faulty police systems, stereotypes, and the tensions that arose as a result of the Black Lives Matter Movement. Devon Carbado, a Professor of Law at UCLA, found that there were higher chances of police violence when officers are “poorly trained, in work cultures that promote violence, and suffer no administrative sanctions for their acts of violence” (Carbado and Rock). He also explained that previous policies, such as the “broken windows” policy, resulted in unjustified patrolling as police were reported to patrol in areas with higher crime rates despite the fact whether or not a crime was reported in the area. As a result of this policy, Black Americans are exposed to greater incidents of police violence because areas with higher crime rates that leave them vulnerable to police suspicion even if they haven’t done anything out of the ordinary. Carbado also reported that that officers are more likely to approach and shoot African Americans due to the fact of associating them to “violence and dangerousness” (Carbado and Rock). This causes an increase in police violence, which creates a greater distrust towards the law enforcement. Statistics from the Pew Research Fact Tank found that in a 2016 only 33% of Black Americans believed that the police department carried out their jobs appropriately (DeSilver et al.). This distrust between the Black community and police enforcement has only risen tensions causing the populations from both sides to fear for their safety. As a result of these tensions as well as the stereotypes and the faulty police system, police violence has continued to prevail in Black communities, which continues to greatly effect African Americans both physically and mentally.

As a result of police violence, the mental health of African Americans is affected and was found to contribute to the aggravation of their mental health. Jacob Bor, an epidemiology professor from the Boston University School of Public Health, conducted a study where he surveyed African Americans from a range of different ages on how affected their mental health was based on witnessing “police killings of unarmed Black Americans” three months prior to the day of the interview. Despite conducting the interview a few months later, he found that participants were still found to be affected as they “experienced on average 4.1 days of poor mental health in the month prior to the interview” (Bor). He also found that the unjustified deaths of unarmed African Americans due to police violence could result in “55 million excess poor mental health days per year among black American adults” (Bor). His findings prove that when African Americans witness police violence, they are most likely to experience higher impacts on their mental health, despite not being the victim of the violence. Due to the severity of his findings, Bor makes the comparison of how police killings affect Black Americans to diabetes and he concludes that since diabetes causes “75 million poor mental health days among black Americans” (Bor). This means that the effects of witnessing police killings are almost as large as the mental health effects from diabetes. His conclusion demonstrates the great impact police violence has on Black Americans by comparing a disease that could potentially lead to death to police violence. Overall, police violence contributes to the poor mental health of African Americans as well as physical effects.

In addition to the mental effects, the current police system has resulted in immense cases of unjustified deaths of Black Americans and should be reformed to decrease this number. African Americans become victims of police violence when the police when an illegal excessive use of force. According to Sarah DeGue from the Division of Violence Prevention, from examining cases from 2009 to 2017 where an excessive use of force used, she found that the majority of victims white, 52%, while Blacks composed of the demographic with the next highest percentage of 32% (DeGue et al.). Despite these findings, DeGue found that even though Whites made up the majority in cases where an excessive use of lethal force was used, the cases that resulted in death were found to involve African Americans with a “fatality rate 2.8 times higher” than that of Whites (DeGue et al). She also added on that majority of the Black victims were less likely to be unarmed. In viewing this statistic, it is interesting to see that even though there were more cases of police using lethal force with Whites, Blacks were more likely to die from the use of lethal force despite not having a weapon. This goes on to further prove that they were perceived as dangerous to the police officer, despite being of no threat to the officer. With the current police system, not only was police violence found to affect the lives of African American adults, but also with the addition of the lives of Black youth.

The system of law enforcement must be reformed in order to decrease the number of Black American youth that are being arrested and the reason that they are being arrested. In the year 2013, it was reported that out of the one million youths that had exposure to the criminal justice system, Black youths were found to have “experienced more than twice the rate of arrest than white youths” (Gase et al). This greatly affects the youth’s life in terms of their relationship with their family, education accomplishments, future job opportunities, increase violence rates, and worsen their mental health (Gase et al). Carbado believes that African Americans youth have higher arrest rates comparing to the other racial demographics due to stereotypes and their exposure that comes into play. Carbado found that police tend to dehumanize Black youth and deem that to be more mature and worthy of being “culpable” comparing to their White counter parts. These points further prove the reason why the policing system must be reformed. In addition, Carbado believes that if the issue of police brutality isn’t addressed than it would cause African Americans youth to be more vulnerable to police violence. As a result, this would continue the high arrest rates of African American youth.

To address this issue, police trainings should be amended to include more time to address racial bias within the policing system. In implementing this solution, the required trainings of the law enforcement system can place emphasis on addressing racial bias rather than the physical aspects such as the use of firearms and self-defense. By doing so, it would create a more balanced training, as the previous training of police officers was reported to consist of only about 4 hours of training on hate and bias crimes, while 46 to 60 hours addressed firearm training, self-defense, and fitness (Lopez). In addition, in improving their training, the racial bias that was previously presented during shooting simulations would be able to decrease. It was found during shooting simulations racial bias was present when police showed more hostility towards black suspects rather when crime was warranted (Lopez). Furthermore, police trainings should also amend the required amount of force used by reducing the circumstances that could potentially require greater uses of force. From research done by Philip Atiba Goff, a criminal justice and racial bias expert at John Jay College, he found that in having backup officers go after the suspect rather than the initial officer, the use of force was able to be reduced (Lopez). As a result, from his research, he found that there was a twenty three percent decrease in the use of force and an eleven percent decrease in police injuries (Lopez). In implementing these changes to the current system of policing it would lessen the drastic effects that come to be as a result of police brutality and produce more benefits.

In changing police trainings, it would help reduce the tensions between the police and the Black community as well as reduce the number of deaths on both sides. According to Seth W. Stoughton, a professor of law at the University of South Carolina, he found that when the police department in Richmond, California reduced the amount of force that officers used, the amount of police deaths was found to neither decrease or increase (Stoughton). Despite the fact that there was no change in the fatality rate, this is an important fact because if the continuation of this amendment continues to occur it could potentially lead to a decrease in the amount of police deaths.

Despite these solutions, many believe that changing the police system can endanger the lives of police enforcement and could potentially raise crime rates, however in changing the system it would lessen the number of deaths and crime rates. In changing the policy of use-of-force, which requires officers deescalate situations before resorting to force, many police officers fear that eventually they will be killed. Some argue that in attempting to deescalate a situation, it can cause the officers to lose control of the situation and allow openings for the suspect (Kaste). Instead of amending the content of police trainings, others believe that a potential solution to the issue would be to defund the police. Despite this the belief of this solution having more benefits rather than disadvantages, it is believed that if there are budget cuts, it could raise the crime rates. In the year 2017, it was found that in England and Wales when police budgets were cut, it resulted “14% fewer officers and 20% more gun, knife, and serious violent crimes (“Defund the Police – Top 3 Pros and Cons”). Even though both sides of the issue must be considered, in making amendments to the policing system it would be able to resolve the physical, mental conditions, and the rates of arrests and deaths of African Americans.

Ultimately, the policing system should be reformed to decrease the mental health effects as well as the physical effects, such as the deaths and arrests, present in African American communities. In doing so, it would lower the number of names that are announced of the people that deceased as a result from police violence. Overall, to overcome this issue, the best solution would be to adjust police trainings so that they spend more time addressing racial issues.

Works Cited

1. Bor, Jacob, et al. “Police Killings and Their Spillover Effects on the Mental Health of Black Americans: a Population-Based, Quasi-Experimental Study.” The Lancet, vol. 392, no. 10144, 21 June 2018, pp. 302–310., doi:10.1016/s0140-6736(18)31130-9.
2. Carbado, Devon W., and Patrick Rock. “What Exposes African Americans to Police Violence.” Harvardcrcl, harvardcrcl.org/wp- content/uploads/sites/10/2009/06/HLC104_crop.pdf.
3. “Defund the Police – Top 3 Pros and Cons.” ProCon.org, 17 July 2020, www.procon.org/ headlines/defund-the-police-top-3-pros-and-cons/.
4. DeGue, Sarah, et al. “Deaths Due to Use of Lethal Force by Law Enforcement: Findings From the National Violent Death Reporting System, 17 U.S. States, 2009-2012.” American Journal of Preventive Medicine, U.S. National Library of Medicine, Nov. 2016, www.ncbi.nlm.nih.gov/pmc/articles/PMC6080222/.
5. Gase, L. N., Glenn, B. A., Gomez, L. M., Kuo, T., Inkelas, M., & Ponce, N. A. (2016). Understanding racial and ethnic disparities in arrest: The role of individual, home, school, and community characteristics. Race and Social Problems, 8(4), 296-312. doi:http://dx.doi.org.proxylib.csueastbay.edu/10.1007/s12552-016-9183-8
6. Kaste, Martin. “For Police, A Debate Over Force, Cop Culture And Confrontation.” NPR, NPR, 25 Sept. 2014, www.npr.org/2014/09/25/351373721/police-mental-stamina-metrics-shed-light-on-deadly-force.
7. Lopez, German. “American Policing Is Broken. Here’s How to Fix It.” Vox, Vox, 29 Nov. 2016, www.vox.com/policy-and-politics/2016/11/29/12989428/police-shooting-race-crime.
8. Moore, Leonard. “Police Brutality in the United States.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 27 July 2020, www.britannica.com/topic/Police-Brutality-in-the-United-States-2064580.

It is not a secret that if you have never experienced racial profiling before, you won’t even notice that. Or, it may seem to be nothing more than a mere inconvenience for you or your relatives. But I believe that racial profiling is much more than a hassle because it has direct consequences for anyone involved in it. The thing is that if you’ve been through profiling, you will have to pay the price emotionally or in some cases even physically. And what is even worse, you would definitely come back to it throughout your lifetime.

Considering such cases, a lot of research psychologists have examined the effects of racial profiling on broader society and got some threatening facts about it. For instance, if we speak about the US society of the last six months, psychologists have learned that societal effects include confirming feelings of racism, financial costs and fear. Furthermore, I think we should take into account that the impact of profiling has already extended beyond who directly experience it. I believe there is no one left in the US who has no idea about George Floyd. His death has impacted on families, friends, classmates, and neighbors all over the US.

To put is simply, the social and economic cost of racial profiling is widespread. When we describe a stable society with its prosperity, we mean our children and youth. For instance, most of us want our children to have a happy life and to become successful adults. But during the racial profiling on social stability, one of the most significant impacts is its effect on children and youth. They are the most sensitive class and need to be treated equally with respect to become presentable grownups. It should be also noted that public faith in the criminal justice system is a cornerstone of any harmonious society.

Any citizen should feel himself under the protection and willing to obey rules and laws. However, we need to underline that racial profiling seriously erodes public confidence in any justice system and can lead to disorders. People are not blind anymore. More and more people feel distrust, anger, hostility and fear. Many feel they need to be protected from the police. There are more and more cases of mistrust that has become not just specific to one state; it permeates all sectors of society. Finally, many “white” people feel ashamed to be a part of a society with racial profiling inside their democracy.

In conclusion, we all understand that racial profiling violates human dignity that cannot be accepted as a norm in the twenty first century. I strongly believe that the US society will overcome this problem by changing its attitude towards the gaps in the justice system and will build a stronger tolerance institute.

This assignment will examine how the police handled the case of Jean Charles De Menezes, highlighting the benefits of their chosen approach and related consequences. The implications of this case and improvements which have developed thereafter will also be discussed.

Police response is the action taken to resolve a case reported to a body of officer(s), responsible for maintaining law enforcement (Police Science, 2020). It is important for the police to respond to any situation effectively, to ensure that they are not in a position where they could potentially be in breach of The Human Rights Act 1998 (Lewis, 2020). If situations are not dealt with effectively, it may have a detrimental, long-lasting impact on those involved (e.g. lack of empirical evidence leading to an unjust conviction). The public may also lose confidence and trust in their ability to handle cases, thus may be less likely to report crimes, impacting the number of investigations carried out by the police (HMICFRS, 2018). Effective handling of terrorism cases is important; these cases tend to be motivated by either a political, religious or cultural cause (Golder and George, 2004). The consequences of terrorism may increase public fear, create job shortages and negatively impact the economy (Harris, 2016). It is therefore important that police response is prompt and effective, to minimize the consequences related to these cases.

On the 22nd July 2005, Jean Charles De Menezes an innocent 27-year-old electrician who was mistaken as a terrorist was shot seven times by armed officers. This situation occurred after officers were searching for offenders who attempted to carry out a bomb attack in London the day before, two weeks after the bombs that took place in London which resulted in 52 people dead. Prior to the killing of De Menezes, the police tracked a gym card that was found in a bag which also had possession of the unsuccessful bomb to an address at Scotia Road, London. This was believed to be linked back to an alleged terrorist named Hussain Osman, who shared the same accommodation as De Menezes (Tuner, 2017).

In this case, a lead officer brought up a strategy and advised that anyone who leaves the address should be stopped by armed officers for an identity check, once they have walked a short distance away from the sight of others (Siddique 2016). However, in this situation due to delays from the firearms team, officers were unable to stop individuals leaving the address. This led onto officers mistakenly targeting De Menezes as they mistakenly identified him as Hussain Osman, this occurred as the surveillance officer who was observing the address believed that De Menezes was Hussain Osman as he was the first male that was described as a potential suicide bomber and looked similar to Osman. Surveillance officers allowed him to get onto a bus travelling towards Stockwell station. This shows that there was an unconscious bias as they let him onto a bus full of innocent people although they believed him to be a suicide bomber (Siddique, 2016).

One report state that there was lack of communication between the surveillance team and the armed officers. This is because the surveillance team entered the same bus as De Menezes, which means that if they believed De Menezes to be a threat, they would not have entered the same bus as him (Kirkup, 2005). In this case the armed police fired at De Menezes, shooting him on his head killing him. This shows that the armed police believed him to be a threat, whereas the surveillance team did not believe him to be a threat. The armed police shot De Menezes because he walked towards them after they warned him that they were the armed police. However, one witness who was on the same train as De Menezes, stated that they did not hear the police shout a warning stating that they are the armed police nor did they witness De Menezes walk towards the police (IPCC, 2007). This shows that officers were not honest when dealing with the situation and shows a lack of professionalism at the time of the case.

A contingency plan is a strategy put in place to tackle potential incidents if or when they do occur in the future. This allows the police to be prepared for these incidents and would allow them to tackle incidents effectively (Runge-Ranzinger S and McCall PJ, et al., 2016). Considering that the case of De Menezes took place after the London bombing and the police targeted a suicide bomber who failed to detonate a bomb, there was no contingency plan put in place. This shows that the police were not prepared for this situation (IPCC, 2007) as the police did not take into consideration that the bomber may be a threat to the public as in this case De Menezes travelled on public transport, so if a contingency plan was put in place officers would have dealt with him once he stepped out of his home which could have resulted in a better outcome.

While investigation was taking place by the surveillance team, they were given photos of the suspect (Hussain Osman), however this photo was unclear, because of this there was uncertainty on how the suspect actually looked like throughout the investigation. While surveillance officers waited for the suspect to leave his address, one surveillance officer known as Frank had the responsibility to video record the suspect as he left the property in order to confirm this is the correct person. As De Menezes walked out of the flat, Frank was urinating as a result he was unable to video him leaving his flat. This led onto officers not being able to make a comparison between the suspect and the person leaving the flat, which led onto them targeting De Menezes assuming he was Hussain Osman (IPCC, 2007). This shows that the response taken by the police was harmful because it was based on assumptions rather than empirical evidence.

A major incident was defined by the cabinet office as any incident which contains a variety of crucial outcomes that necessitates special implementations by one or more emergency services (Blackwell, 2012). A critical incident is a situation which the police respond to, which may have an impact on the confidence of the public, the victim and their families (College of Policing, 2013). The case of De Menezes can be classed as a major incident as well as a critical incident, due to the fact that in this case the police needed to carry out special operations and needed to use a wide range of resources (firearms team and surveillance team), to what they usually use, and this case also impacted the public’s confidence and also had a negative effect on De Menezes family. This means that both aspects of a major incident and a critical incident were implemented in the case of De Menezes.

In the case of De Menezes officers were given training and were briefed based on the fact that the suspect was a suicide bomber. This resulted in firearm officers being in the mind state that they are going to be dealing with a suicide bomber (IPCC, 2007). This means to determine whether the amount of force used was acceptable within a situation should not be determined by considering the results of the situation, but by taking into consideration the facts the officers understood about the situation. In the case of De Menezes, officers were not prosecuted because of their actions and this can be because of the facts they understood about the situation (Clapham, 2017).

Although warnings are not specifically mandatory by law, where possible, officers should distribute a warning to a suspect. A warning can identify a person’s criminal behavior and clarify to them that if they do not stop, the officer will be required to arrest them (College of policing, 2013). In the case of De Menezes, officers did not shout out warnings to the suspect as they believed the suspect to be a suicide bomber armed with a bomb. The officers carried out a crucial shooting in order to take out the suspect to protect the innocent people around.

In the situation of De Menezes, officers were in a difficult situation and had to make a quick response when taking action. Since the appearance of suicide bombing, officers in the UK were training and learning about new incident management procedures. These new training programmes included new techniques, strategies and equipment (Squires, 2015). One key new approach in dealing with suicide terrorism was a method called operation kratos, which allows firearms officers to shoot suspected suicide bombers on the head in order to ensure explosives from the body do not detonate (Squires, 2015). Officers in the case of De Menezes were instructed to carry out this method, which means that although they had little communication between the surveillance team, they had to take into consideration that this was a terrorist, and in that moment in time, shooting him was the most appropriate action to carry out in order to keep the public safe. Also, the armed police are only able to fire at a suspect if they believe him to be a threat to life and shooting the suspect will prevent the action from carrying out (College of policing, 2013).

This means that as operation kratos is precisely targeted against suicide bombers, officers will always assume that they are dealing with a suicide bomber. This means that the threat they are faced with my not always be the level of threat that they believe they are faced with (Casciani, 2007). In the case of De Menezes this tactic of going against a suicide bomber was used against an innocent person, which shows that they carried out an action based on assumptions.

Officers who come across an incident are required to carry out an instant risk assessment of the event. Depending on the circumstances of the situation, the officer may have little or more time than usual to do this. In all situations, officers are able to use the National Decision Model (NDM) in order to come up with a decision. The NDM guides officers with information about the situation, intelligence, the legal powers officers have and the options available to the officer. When responding to a situation, the risk assessment carried out by officers must start by bringing together existing information and information collected by the intelligence team on the way to the scene (College of policing, 2013). Due to the lack of communication between the intelligence team and the firearms team, the risk assessment was not shared effectively between both teams which led to a misunderstanding and the killing of an innocent person was the result of this.

Officers in the UK are faced with constant change and resources are always reducing. They also need to handle a growing number of requests, as well as dealing with difficult and emotionally challenging tasks and in some cases the number of officers have been significantly decreased. Most officers responding to these challenging situations and also dealing with disturbing and shocking scenes may start to experience anxiety and depression. This work-related strain could cause officers to deal with situations inefficiently due to them experiencing anxiety and depression as they may feel powerless when being confronted with a suspect (Home Office, 2017).This is one of the issues in the case of De Menezes as the armed officers shot at him seven times at a close range which shows that officers had a lot of anger and anxiety when dealing with the De Menezes.

In regard to officers experiencing depression and anxiety which is affecting the handling and response to situations. The Health and Safety Executive (HSE) have set up guidelines for supervisors and organisations such as the police in order to deal with work related strain. The HSE suggest organisations to get supervisors and team leaders to work with colleagues in order to establish the main causes of the difficulties faced and come up with strategies to decrease or solve problems. The HSE also advises supervisors to have a variety of interpersonal skills in order to communicate and build stronger relations with colleagues and staff (College of Policing, 2018).

Some police forces have made some effective changes since the case of De Menezes. One of the approaches introduced by a police force was the method called THRIVE. THRIVE stands for Threat, Harm, Risk, Investigation opportunities, Vulnerability of the casualty and the amount of Engagement needed in order to resolve a situation. THRIVE is used in order to evaluate each individual situation, so that organisations can decide on what actions should be taken in order to deal with a certain situation. This is important as it allows the police to come up with an appropriate response to each individual incident instead of having one approach to fit all circumstances (North Yorkshire Police, 2020).

When police are working to respond and handle situations effectively, they usually see investigations as the most important and efficient method in order to provide the best response and handling of a situation. However, these lead onto more important methods such as working with the community and building relations with the community as a low priority. Improving relations with the public can have a major impact on the way police respond and handle situations as this would build up public confidence and allow the public to share ideas and approaches with the police (Brogden and Nijhar, 2005). If the police communicated with the public in the case of De Menezes, they could have identified the right suspect and ensure the operation was targeted at the correct suspect as they could have spoken to people that know De Menezes and Hussain Osman well.

Police are now sharing relevant data with a wide range of organisations such as government departments, devolved parliaments and local authorities. By sharing information about individuals who can possibly cause a threat will allow the police to improve their capability to evaluate the risk the individual can cause. Also, as a wider range of organisations are involved, the police are able to use a broad range of strategies, such as protecting those in threat of radicalisation or disengage those who have assisted or took part in terrorist linked activities with others (HM Government, 2018).If the police shared information with other organisations such as the local authority they would have acknowledged that there are other individuals who share the same building as the suspected terrorist and would have been more cautious when carrying out the operation.

The police use a method called covert policing which is when the person or people that are being investigated by the police investigation are not aware that they are being investigated. Covert investigation techniques involve using undercover police officers and citizens sharing information relevant for the investigation. With the police using citizens to share information, they are able to get correct and more precise information about the suspect. The police also gather information through the suspects mobile phone and watching emails etc (Sharpe, 2002). This would have allowed the police to understand exactly where the suspect Hussain Osman was at the time of the operation in order to target the correct suspect and not shoot an innocent person.

Overall, the way in which the police responded and handled the situation of Jean Charles De Menezes was not of good standard. Seeing as prior to the case of De Menezes there was a number of terrorist incidents and failed attempts to detonate bombs, the planning was not good and more should have been done in order to ensure officers were well prepared. There was poor communication between all members and there was no clear picture of who the suspect was which resulted in the police mistakenly killing an innocent person. However, the firearms team did go to the scene with the information that they were going to face a suicide bomber which means that firearms team dealt with the situation the way they were trained to. Since the case of De Menezes there has been some changes put in place and the police have developed strategies in order to ensure that they target the correct suspect. Working with the public will allow the police to ensure they get correct information and ensure they target the correct suspect.

Reference:

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