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Introduction
When Abraham Lincoln made his epoch making decision
to let American Blacks enjoy freedom as much as
the whites did, little did people realize that
the progressive society would retain some of the
old mental shackles of negative stereotypes well
into the 21st century. While time and again we
are told that we live in a free and fair country
where all citizens are treated equally, events
often remind us that all is not fair and square
in this country where even the custodians of the
law violate legal processes just because the defendant
has a dark skin. In fact, many blacks feel that
the police often devise ways to mistreat them
as a people. In this respect the happenings in
the US is not very distant from the grave violations
of human rights in other countries that discriminate
people on the basis of their race. Even though
there is a difference in the magnitude to which
the crimes are perpetuated, the essence behind
these crimes remains the same. It is therefore
quite upsetting to note that even after so many
years the seeds of hatred and racism are harbored
by many who feel that the white race is superior
over the blacks in many ways.
Analysis
Racial profiling is not restricted to the black
community. After the September 11 incident, religious
groups have also been included in the list of
social untouchables. Government records show that
racial profiling by the authorities is not a fictitious
or isolated situation. It is indeed a part and
parcel of the American society. The constant rise
in racial profiling has stunned the nation and
thrown open an array of questions from the troubles
ethnic groups. There has been a mushrooming of
several civil liberty rights organizations that
protect the interests of minorities. Over ten
states in the United States, including Oklahoma
have passed laws to make racial profiling a punishable
offence. Recent events such as law suit settlements
and written agreements have done their share in
creating awareness against encouraging racial
discrimination. The Maryland Board of Public Works
has passed a historic agreement that puts an end
to public racial profiling on the state's highway,
announced the American Civil Liberties Union of
Maryland [Clarence, 2003]. The National Association
for the Advancement of Colored People (NAACP)
had filed a suit regarding the unnecessary attention
attracted by black and brown people while using
vehicles on public roads. In similar events, the
state of New Jersey has consented to pay a compensatory
sum of around 775,000 to motorists who have been
victims of racial profiling by the police. The
ACLU of New Jersey hoped that would serve as a
lesson to those who practiced racial profiling
in any field of life. Such events have brought
the cases of racial profiling under national light,
forcing the government to pay heed to it. In an
attempt to win back the heart of his voters from
minority groups, President Bush has vowed to take
immediate steps to redeem the situation. The U.
S Attorney General John Ashcroft has come outlined
a “two component” plan that will destroy
the rudiments of racial profiling, under a directive
from the President.
With the September 11 incidents the condition
and mistrust on the blacks has further worsened.
Muslim blacks were the targets of ridicule and
attack due to their color and their religious
afflictions. The community as a whole is being
wrongly held responsible for the terrorist attack.
This may be due to reports in the Asian press
of Muslim blacks being recruited for mercenary
activities by fundamentalists in Asian and Arab
countries. The high incidence of profiling and
intense scrutiny in the streets and harassment
Muslims had to face because of investigations
were unprecedented [Al-Amin, 2003].
Coming to the case of the judiciary, the 1995
report of the Commission to Study Systemic Racism
in the Ontario Criminal Justice System found that
61% of the Crown Attorneys (Prosecutors) thought
that discrimination existed in the System. The
report concluded that Blacks and Natives were
more likely to be imprisoned at both the pre-
and post-trial stages, not because they are inherently
more criminal, but owing to the arbitrary exercise
of discretion against them at each stage namely
the charge, arrest, detention, prosecution and
sentencing. The US legal system, right from the
framing of the case to the delivery of the final
sentence is accused to be governed by racial tendencies
and this has been ratified by amnesty International
[Dority, 2000, Toney, 1998]
Beyond any reasonable doubt, the US death penalty
continues to reflect the deeply-rooted prejudices
of the society that condones its use. Amnesty
International cannot find any evidence that current
legal safeguards eliminate racial bias in the
application of the death penalty. [Amnesty, 1999]
While racial profiling was experienced more in
the closed environs of the offices and other secluded
areas when the white majority and the black minorities
interacted, a new form of racial profiling is
being undertaken by the police which is nothing
but a brazen attack on the traditions of this
country that has always stood by freedom and equality.
Known as "driving while black" this
kind of racially influenced torture involves penalizing
a vehicle rider with checks and harassment just
because his or her skin color is dark. There is
ever increasing evidence to show that racial profiling
in the form of harassment of drivers with colored
skin is a reality in the United States. While
Blacks were more prone to be picked up for questioning
if they were found in suspicious circumstances,
the intensity and frequency of stopping black
drivers for questioning and verification of documents
is increasing with each passing day in the United
States. Most people who complain to the concerned
authorities about being stopped in the roads for
apparently no fault of their own, are quite piqued
at the fact that the law is increasingly becoming
selective in this land. While white drivers are
allowed to go scot-free or are checked once in
a while, the color of one's skin increases one's
chances of being stopped, questioned and searched
by the police authorities. In many cases the social
status of the person is rarely considered and
even war veterans who have done the country proud
are being stopped and humiliated for no fault
of their own [Harris David A., 1999]
What are the immediate compulsions of the police
to commit racial profiling in the form of Driving
while black? While many believe that the law does
not have any legal provisions to harass the colored
race or for that matter any citizen of the United
States like the way the police are doing it now,
the state police are quick to present some excuses
to justify the atrocities. One of the main reasons
that the police gives is the fact that racial
profiling is done in order to prevent drug peddling
in the country. The police believe, for some strange
reasons, that the colored people like Latinos
and the blacks are the most probable carriers
of drugs. This is a pernicious stereotype that
has been used by the police to harass and often
wound mentally and physically, people of the colored
races. Even today, police journals and training
manuals blatantly violate racist norms and opine
that interracial couples, blacks and Latinos are
more prone to carrying drugs than their white
counterparts in the country. While the police
claim that these are mere observations that have
been deduced from the arrests that has happened
in the country, the fact that the arrests were
conducted in a partial manner reduce or even negates
the validity of this claim [Counterpuch, 1999]
Many social organizations are active on this issue
and many believe that the high handedness of the
police can be stopped by a concerted effort by
the minorities. While most of the minorities are
not averse to the police carrying out routine
checks to maintain law and order, the fact that
they are almost always singled out for harassment
makes them apprehensive of the judicial system
in the country [Kinnon,1999]
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