KCCJ - Kentucky | Public Voice

Racial and Ethnic Profiling - Full Statement

STATEMENT OF SANFORD CLOUD, JR.
PRESIDENT AND CEO
THE NATIONAL CONFERENCE FOR COMMUNITY AND JUSTICE

The horrific attacks of September 11, 2001 reminded people across the nation of the danger of stereotyping an entire population. All Americans were targeted by this heinous act of terror, and all Americans were victims of the attacks. While this day will be impaled in our collective memory as a painful experience, it also serves as a teachable moment for one of the most pressing criminal justice and civil rights issues facing our nation. Just as all Americans were targeted that day, many communities of color are targeted every day across our country. Such incidents occur most frequently through a practice that has come to be defined as 'racial profiling.'

Profiling has been a part of police procedures since the 1950's, and has received more attention over the past few years. Racial profiling, the practice of a law enforcement officer targeting an individual on the basis of race or accent, national origin or ethnicity for investigation, has become more visible due to several events: the prosecution of Mr. Wen Ho Lee, a Chinese-American engineer accused of stealing U.S. nuclear information; through alleged racial profiling of Arab- Americans in airports; through the phenomenon termed "Driving While Black"; and as an allegedly common procedure in immigration enforcement where Latinos are targeted by authorities and subjected to interrogation, detention or arrest for suspected immigration violations --- many of whom are U.S. citizens, legal residents, or otherwise lawfully in the country.

As an organization that is dedicated to fighting bias, bigotry, and racism, The National Conference for Community and Justice (NCCJ) agrees with President Bush's declaration that racial profiling "is wrong and we must end it." Three bills have recently been introduced to stop such practices; recent data has been released which indicates that racial profiling is believed to be widespread; and several of NCCJ's regional offices have lead efforts in their communities to curtail such practices.

In 1994, Congress enacted legislation authorizing the U.S. Department of Justice to conduct investigations and bring suit against police departments allegedly practicing racial profiling. Civil rights advocates have continued to push for additional legislation to increase data collection programs by law enforcement agencies to assess whether their officers are racial profiling, to establish accreditation for law enforcement, and to require prosecutors to collect data on certain areas of prosecutional discretion (i.e., bail and sentencing recommendations).
NCCJ commends the passage of such legislation, and calls on all members of Congress to continue to fight bias, bigotry and racism by stopping racial profiling through the passage of the following federal bills:

1. End Racial Profiling Act (ERPA) - On June 6, 2001, ERPA was introduced in both houses of Congress to prohibit racial profiling, establish remedies, and provide funds for police training and other programs. ERPA would define and prohibit racial profiling on local, state and federal levels, provide limited legal recourse for victims, and mandate the collection of data to determine the extent of racial profiling. This Act is generally considered to be the most thorough method to address racial profiling.

2. Racial Profiling Prohibition Act of 2001 - This bill was introduced to the U.S. House of Representatives on March 8, 2001 and calls for states to adopt and enforce standards that prohibit the use of racial profiling in the enforcement of state laws while regulating the use of highways that receive federal aid.

3. The Traffic Stops Statistics Study Act - In 1999, this bill was introduced in both houses of Congress to discourage law enforcement officers from using race as a primary factor in deciding to institute a vehicle search. The Act also seeks to collect statistical data on the nature and extent of racial profiling authorizing the Attorney General to conduct a study of stops for routine traffic violations by law enforcement officers. A hearing was held in the Senate on March 31, 2000, and the Act was reintroduced in the U.S. Senate on January 22, 2001. No further action has been taken to date.

Such legislation would change the degrading experiences endured by many people of color across the nation, particularly African-Americans, due to racial profiling. Many African-Americans have altered their routes, style of dress, and car selection to try to protect themselves from being noticed by the police. Although racial profiling does not solely impact the African-American community, most studies are directed toward their experiences during vehicular stops.

A growing body of statistical evidence supports that African-American motorists are disproportionately stopped for minor traffic offenses. The Gallup Organization reported on July 11, 2001 that the practice of racial profiling is believed to be widespread by 83% of African- Americans, but by only 55% of whites. Forty-four percent of African-Americans feel that at some point in their lives the police have stopped them because of their race, and just over half of all African-Americans feel that they are treated fairly by state or local police compared to nearly nine out of every 10 whites. According to NCCJ's Taking America's Pulse (TAP II), a major survey of intergroup relations in the United States, in a one month period, 42% of African-Americans, 31% of Asians, and 16% of Hispanics experienced at least one episode of discrimination.

Such experiences for people of color is tragic and contradictatory with the currently preferred method of law enforcement: community policing. Racial profiling is an unfair act that breeds mistrust and disrespect from people of color toward law enforcement. To compound the data, some authorities continue to defend racial profiling as a rational response to criminal conduct. This position is based on two flawed assumptions: people of color commit more crimes, and most criminals are from communities of color. More people of color than whites are arrested, even though they are no more likely than whites to engage in illegal conduct that leads to arrest

(http://www.civilrights.org/issues/cj/_profiling/_overview).

Some of NCCJ's regions have developed strong initiatives to stop the proliferation of racial profiling. Detroit, Providence and St. Louis have implemented initiatives to redress and change the longstanding practices of racial profiling. They have created anti-profiling collaborations which have better informed the police and the community about racial profiling.

NCCJ's Michigan Region, in particular, has experienced great success. With the assistance of The University of Michigan's Institute of Social Research, an evaluation component of all the regions' diversity programming with the local police was established. They were able to use a pre- and post-test measure of attitude change and behavioral intent along with personal interviews to survey a sample of the participants. The analysis revealed a significant change in attitudes and behavioral intent from 70% of participating local law enforcement officers.

Although most police officers do not practice racial profiling, greater understanding of racial profiling and its consequences would provide all of them with the opportunity to better serve and protect the people of this country. The importance of their jobs has been lifted up due to the tragic events of September 11, 2001, and we need to continue to strengthen the relationship between the people of this nation and those that protect them.

NCCJ maintains that fighting crime is a high priority to our nation, but it must not be conducted at the expense of the freedom of our people. Racial profiling inconveniences, harasses, and sometimes puts innocent lives in the line of danger. Through the passage of the legislation currently before Congress to address the severe implications of racial profiling, we can empower the police to create institutional change which will transform communities to provide fuller opportunities that are more inclusive and just for all of us.

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