Profiling and US Amendments Gabriel Anthony Farias Fresno State University Just what is the difference between criminal and racial profiling? Is there a difference? In this essay, I will define and give a brief comparison between the two. I will also define and discuss possible violations of the fourth and fourteenth amendment of the United States Constitution. At the end, the reader should understand the difference between the two distinct types of profiling, and acknowledge that specific circumstances may cause a violation to one amendment, without directly affecting another.
Throughout history, disputes and tensions between law enforcement officials and communities of minorities have endured hostility and violence between each other. Racial profiling has become a “hot topic” for researchers as well as for politicians and by now it is likely that most citizens are at least aware of the common accusations of racial bias pitted against law enforcement (Cochran & Warren, 2013). Communities of color are being discriminated against and racially profiled by white police officers for any suspicion of criminal activities. It has been widely assumed by policy makers and citizens alike that allegations of racial profiling are mostly associated with the policing practices of white officers and their treatment of racial and ethnic minorities (Cochran & Warren, 2013). Also, individuals of minority descent will certainly recognize that they are being racially profiled during a stop that is being conducted by a white police officer.
It has 2 types: First is the invisible racism and second is the systemic racism. Invisible racism occurs unobvious to people such as stereotyping them base on their given race. Another example is through job employment where an employer can decide not to interview people with Arabic sounding names or those who has African background (Australian Human Rights Commission). The next and last type is the systemic or structural racism, where individuals can implement certain rules that can create a disadvantage to a person from a different ethnicity. A good example of this kind is through language; a company owned by an English man can provide written manuscript in English for the convenience of everyone but this can also create a disadvantage to someone who neither speaks nor understand English.
According to the Cambridge dictionary, a simple definition of anti-discrimination laws is “laws opposed to or intended to prevent discrimination treatment of someone because of their age, sex, disability, race, sexual harassment, and so on)”. However, a more complex definition according to the article “Deliberative freedoms and Asymmetric features of Anti-discrimination law” defines anti-discrimination laws as “anti- discrimination law existence is to protect people’s interest in possessing a set of ‘deliberative freedoms’ – that is, freedoms to make decisions about how to live their lives without having to take into account, as a cost, their ‘normatively extraneous traits’ (such as gender, race, and age)” (Smith, Campbell 248). According to
In The Hate U Give, “THUG LIFE” is a relevant theme in the book because it represents a history of racial relations in the U.S., is related to current racial issues that still affect ethnic minorities and the effects of racial injustice towards communities of color decades later. To explain as to why “THUG LIFE” is a relevant theme in The Hate U Give is because it is a representation of a history of racial relations in the United States. This is very applicable towards race relations between Black people and White people. But often at times, Hispanics, Asians, Middle Eastern/Arab people and even Native Americans have been left out of the conversation of racial politics and the debate around it. ”They act like I’m the official representative of the black race and they owe me an explanation...If I sit out a protest, I’m making a statement, but if they sit out a protest, they look racist.” This quote that has been stated alludes to a few concepts.
Like many other problems, Racism has existed throughout the history of mankind. The definition of Racism is being discriminant and disrespectful towards a racial group with the belief that your own race is superior. Racism has changed the world and how people view each other. This belief that ones race is superior has lead to create violence, stereotypes, health problems and hatred in the world. White Americans’ support for segregation sprang from a widespread belief in black inferiority and that blacks’ disadvantaged status tended to reinforce this sentiment (Harris and Leiberman).
There is not proven way to eliminate racial profiling, however, educating, facts, and better training are ways to help eliminate some of the causes of racial profiling. These tool help to keep the criminal justice system to performing their duties in a biased manner. If the criminal justice system is not operated bias, then, there is a better chance that the individual will not be accused or profiled based on race alone. This gives every community equality. This is a start to ending racial
Gabriel Chac English IV Mrs. Nemo 5 March 2018 Racial Discrimination Racial discrimination is when someone 's values are discriminated against or are treated differently such as racism. It has a vast effect on people because of their skin color. This introduces a huge burdensome for people who are not able to be “normal” in society. The 50’s was an era of great deal of dilemmas for black segregation. African Americans have been fighting for equal rights for so long.
Race is an issue. Our culture tries to pretend that it’s not, but our minds can’t help but compare the people with the stereotypes. It’s easy to identify yourself based on your race, but it’s even easier to pre-judge others. Our race has nothing to do with potential, with success or with what a person is capable of. What can we do to fix this injustice is to raise awareness and give people knowledge that we shouldn 't judge people based on their race.
We live in a globalized and integrated world in which people of all backgrounds, personalities, race and religions are harmonizing or should we say co existing as one society. Racial discrimination and segregation has been marking itself in our history The incidents marked in our history tell us more than enough that racial discrimination is not a joke but a problematic crisis in our lives like the examples of Nazi’s extermination of the Jews or the history of slavery and segregation of Jim Crow laws in the United States and Europe. Many people marched, fought and died to pursue freedom from racism, and living in the end result of those sacrifices, a lot of us believe that racism does not exists, that it is an issue of the past If that was
Racial profiling The policy making iron triangle can affect many people, especially people who deal with racial profiling in the U.S. Racial profiling is a serious issue in the U.S. that affect many people of many different races. A story about a half-Jewish and half-Arab women will give an example of how racial profiling affected her and what action she took to stand up for her rights. The iron triangle can help people who have been affected by racial profiling make a difference on the legislative level. The iron triangle, people of the U.S., and racial profiling are all linked together.
If the plaintiff shares characteristics of a group and this group is a discrete and insular minority; with an immutable characteristic; and a history of suffering discrimination, to prevent the discrimination the Strict Scrutiny is used by the Court. The Strict Scrutiny test ask whether the federal or state government has a compelling interest in treating the class differently, and the law has been narrowly tailored to achieve that interest without unfairly intruding on the rights of the members of the suspect class. The reason why the most strength standard of judicial review is used in here is since the beginning of the history of the U.S. race, nationality, ethnicity and religion are the areas which most people are discriminated because of being different from the
Under Title VII of the Civil Rights Act of 1964, businesses have a right to provide a work environment that protects employees from sexual harassment. In addition, even though federal law, Title VII is known predominantly for prohibiting workplace discrimination and harassment on the basis of an individual’s race, religion, color, national origin and sex; however, over the years, Title VII extended to include sexual discrimination such as sexual harassment. In view of that, managerial employees and supervisors should take immediate action when complaints of sexual harassment are brought to their attention so as to prevent further harassment and other preventable actions such as physical force to address unwelcomed sexual attention. Furthermore,
The Civil Rights Act of 1964 is a US federal law was establishes to protect the employees from discrimination in the workplace, especially when they are applying for a job. It is unlawful for an individual to be fired in his or her job or even refuse to be hired due to his or her race, gender, sexuality, race, color, religion as well as nationality. More than that, the Supreme Court of the United States upheld this Act as a valid exercise of the Congressional power. This Act is an example of rule of law as it prohibits the private discrimination in the public areas. In fact, as a rule of law it measures the protection of individual’s base from the fundamentals of the human rights.
Title VII of the civil rights act, enacted in 1964, provides legal protection to workers from discrimination as they carry out their roles and duties in the work place. The act shields employees from both their workmates and employers and the company at large. Title VII civil act address a number of issues including sexual orientation-related discrimination, age discrimination, gender discrimination, racial/tribal or place of origin discrimination, and religious discrimination (McKay, 2017). The preceding period before enactment of the Title VII civil act was plagued by widespread discrimination in all spheres of life. The act therefore was formulated to provide a solution and harmonize working conditions in the United States.