Ipso facto, say the critics, L. Not so fast. To compare stop, search and arrest data to demographics, as cop critics would have us do, is absurd. To benchmark police activity, one must start, at a bare minimum, with the rate of lawbreaking among various groups, for it is ultimately criminal behavior and its consequences that drive police actions.
Any disparities in crime rates will have compounding effects throughout the law enforcement system. For example, last year a man with a gold tooth was robbing and viciously beating up pedestrians in Mid-City.
Victims identified him as either a dark-skinned Latino or a light-skinned African American. Accordingly, if an officer made a traffic stop in the area and noticed that the driver had a gold tooth and was black or Latino, the driver probably would have been asked to step out of his car, frisked and possibly even taken to the station house for a line-up.
Some 15 men were stopped before a bike officer caught the actual criminal jaywalking. Those 15 brief detentions went into the LAPD database, but the racial disparities they suggest are misleading. If criminal activity is not evenly distributed across the population, investigatory stops and searches will fall heaviest on individuals who are members of groups who commit most of the crime.
Memos by high-ranking FBI and Department of Energy officials acknowledged that Lee was singled out because he was Chinese, and eight similarly situated non-Chinese were not prosecuted. In Seattle, Washington in July a group of 14 Asian American youth were stopped by police for jaywalking, claiming that they were kept against the wall for about an hour.
The Seattle Times reported that one officer told them he had visited their country while in the army, and asked them repeatedly whether they spoke English.
The paper also reported that U. In , the Asian Freedom Project of Wisconsin issued a report that found the racial profiling of Hmong communities there, and included the testimony of adults, as well as boys and girls.
Indians complain about stops and searches by local police and sheriffs on roads leading to and from reservations. In South Dakota , widespread reports of racial profiling led to hearings before the state legislature, where Indians testified about their being stopped and searched not only based on race but also on religious articles hanging from rearview mirrors, and regional license plates that identified them as living on reservations.
In June scores of Indians in the state's Bennett County complained to Department of Justice attorneys, alleging racial profiling at the hands of sheriffs there, including vehicular stops in the absence of reasonable suspicion, the administration of breathalyzer tests without reasonable suspicion, warrantless searches of homes and vehicles, and demanding to see drivers licenses and vehicle registrations while inside bars.
Black and Latino pedestrians are regularly stopped and frisked without reasonable cause. In New York City , the December report of the New York City Police Departments pedestrian "stop and frisk" practices by the state attorney general provided glaring evidence of racial profiling in the nation's largest city. Blacks comprise Hispanics comprise By contrast, whites are In precincts in which blacks and Hispanics each represented less than 10 percent of the total population, individuals identified as belonging to these racial groups nevertheless accounted for more than half of the total "stops" during the covered period.
Blacks accounted for 30 percent of all persons "stopped" in these precincts; Hispanics accounted for In seven other precincts, blacks and Hispanics constituted the majority of the population. The remaining two precincts were business districts in Manhattan and Brooklyn in which the daytime racial breakdown of persons within the precinct is unknown.
In roughly half of the police precincts in New York City, the majority of the population living in the precinct is white. However, of these 36 majority-white precincts, only 13 were in the top half of precincts showing most "stops" during the period.
In Orange County California , a database containing the names and photographs of reputed gang members appeared to racially profile. The disparity attracted the notice of the California Advisory Committee of the U. We asked the county district attorney's office to establish a civilian oversight board to monitor what we saw as problems with the list.
Youth of color have been victims of racially-motivated bicycling stops, " In April, , the ACLU joined a suit against Eastpointe, Michigan , representing 21 young African-American men who were stopped by the police while riding their bikes there.
The ACLU argued that the bicyclists were stopped in this predominantly white suburb of Detroit because of their race and not because they were doing anything wrong. In a memorandum to the Eastpointe City Manager, the former police chief stated that he instructed his officers to investigate any black youths riding through Eastpointe subdivisions.
Police searched many of young men and, in some cases, seized and later sold their bicycles. Police logs and reports in Eastpointe have identified over incidents between and in which African-American youth were detained. These dogs, lethal weapons capable of biting at pounds pressure per square inch, and their handlers have been implicated in a vicious form of racial profiling that has led to legal action:.
A large number of participants in the inquiry reported significantly altering their actions as a result of an incident of profiling or taking measures to avoid the experience of profiling. People reported changing their driving habits in a number of ways. Some reported no longer driving a particular type of vehicle, e. Some even noted that they believe that particular brands of cars attract more scrutiny because of stereotypes that drug dealers or others involved in illegal activity favour that particular make and model.
Some even reported giving up driving altogether. One participant described ten interactions with police which he felt involved racial profiling. However, he also listed several positive experiences with the police. He went on to list a number of strategies he employs to avoid negative experiences. Many individuals also reported systematically checking their documentation and inspecting their vehicle every time they get in their car. Similarly, participants stated that, as they do not want to attract police scrutiny, before driving they always check their vehicle to ensure all the lights are in working order, the license plate is clearly visible and that there are no other issues with the appearance or function of their car.
Many noted that they are extremely careful to obey the rules of the road, such as coming to a complete stop at stop signs and driving within the speed limit.
While all of these measures to ensure that the law is being followed should be taken by all citizens, the reality is that those who do not experience profiling often take these things for granted. Most people do not double check their papers and inspect their car each and every time they go for a drive. This is because most people are rarely stopped and assume that they will not be pulled over on any given occasion. And, even if they are stopped, they expect to have a courteous and professional interaction with the police or customs officials and do not worry that the incident may prove humiliating or turn into an unpleasant situation.
The communities who experience profiling told the Commission that they do not share this expectation. But it got to a point where leaving my house, I would make sure I would check if all my lights were working, if everything is there, if my licence is there, because I know that somewhere down the line I am going to get pulled over.
He took the bus because he thought the police would stop him because of the dent in his car. He was afraid of being stopped, he's done nothing wrong, he doesn't have a record. That was last week. Aside from altering driving behaviours, many submissions also described individuals and families developing complex systems to cope with the experience of profiling. Others described never walking alone or on certain streets or going to certain neighbourhoods. Some reported carrying cellular telephones at all times so they could call home to record experiences of profiling as they are happening.
Others, especially parents, reported carrying cellular telephones so they could be contacted at all times in case their children need to reach them as a result of an incident of profiling. Sometimes I walk on the back streets so that I can avoid them. Yes the Black kids in this community feel like they are being overpoliced.
My friends and I are afraid to go anywhere because of them. One man changed the location of his wedding to avoid his guests having to cross the Canada-U. African Canadian persons in Windsor reported a particular impact as many have relatives living in the U. To hear White travellers brag about the quantity of cigars and liquor that they brought back, and yet they were not questioned about it, was very insulting for us.
Several participants described the difficulty that African Canadian men have in hailing taxi cabs. They indicated that in their experience, drivers are wary of picking them up because of stereotypes that they will either not pay for the ride or cause other problems. One man described how he now hails a cab:.
Some people actually reported choosing to live outside of Ontario as a result of having experienced one or more incidents of racial profiling which led them to believe that they would be safer in a different province or even in the United States. Developing these systems to deal with profiling reflects how serious a concern it is for the communities who experience it.
It is a major part of their life experience such that they are forced to alter their behaviour around it. The perception that profiling will occur in future, hence measures are needed to avoid it or plan for it, also speaks to the widespread perception that profiling will continue to be a problem unless measures are taken to tackle it.
In addition, as discussed in the section Compromising Our Future , many parents reported restricting the actions of their children to minimize the risk of experiences of profiling.
Similarly, they said they have no choice but to warn their children to anticipate future experiences of profiling and to teach them how to respond.
We have changed his winter coat from a black bubble jacket to a beige and black "ski" jacket and he is no longer allowed to wear a baseball hat. He did have his hair braided - which we have now cut to a very close shaved head I do not allow my son to go to the store without me. I try to avoid all situations of him being on the street alone.
Just the fact that my parents had to curtail my activities had a negative affect on all of us. We don't allow him to. His mother chauffeurs him or I chauffeur him or his aunts chauffeur him or his uncle chauffeurs him. When they stop you, make sure they can see your hands. Make sure you have your overhead light on in the vehicle.
Make sure your hands are up on the steering wheel. This is a form of socialization, which is a process by which the child grows up to accept the basic social behaviour that is taught and practiced by his or her family.
This teaching provides the child with an understanding of its world and forms the concept of identity. This socialization determines for our entire lives, our every day behaviour, our reflex-reactions, our moral values and how we see the world. It will likely last them the rest of their lives and may be passed on to future generations. Finally, a consistent trend that emerged in the submissions received was the normalization of the experience of profiling; in other words, when an individual accepts or expects that racial profiling will happen as a normal part of his or her life and feels that there is nothing that he or she can do about it.
People felt that they have no choice but to live their lives around the expectation that they, their family members and their children, especially their sons, will experience incidents of profiling. Many also expressed a sense of futility at trying to address profiling or a fear that attempting to speak out would result in repercussions.
Several participants who identified as White and who had witnessed incidents of profiling also commented that when they expressed a sense of outrage about the incident to a friend, the response was that this is a normal experience that racialized persons have come to accept. I mean, I am willing to go with you to the police station or to a lawyer, what do you want to do?
He is not the kind of a person to sort of stay in his room and close the door. So I guess he felt like I felt 30 years before [when I experienced profiling], absolutely powerless, and humiliated. We as visible minorities have accepted something that is completely and utterly unacceptable. This is wrong and must be righted. When you are a part of a disadvantaged group, those with power will step on your rights at some point and time. This type of event has become normalized in my life and I live my life around it now.
The next step for me is to educate my children especially my young boys that occurrences like this will occur with them and they should expect it. Nevertheless they should always obey and uphold the law and conduct themselves decently.
This sense of acceptance and futility was very moving as it showed how deeply ingrained the perception of the problem of profiling is in Ontario.
It also demonstrated the profound effect it is having on the psyches of those who experience it. One of the most fundamental needs of every human being is the need for human dignity. Human dignity means being treated with respect and having a sense of self-esteem and self-worth. It is concerned with physical and psychological integrity and empowerment.
Perhaps nothing inflicts greater psychological and emotional damage on a person than to compromise his or her sense of dignity. Racial profiling does just that. It violates human dignity by sending a message to the person that he or she is less worthy of consideration and respect as a human being. It's humiliating. I had never been put through this kind of confrontation in front of others. I am still shaken about it. As I type, my hands are shaking.
And, the effect was not confined to the person who experienced profiling. Every time the phone rings, I believe that it is the school calling to say that my son is in trouble. All my family is in Trinidad, the States, England, I didn't want to tell them because I didn't want to unnecessarily hurt them because of my experience. Many people reported feeling profound embarrassment and shame at an incident of racial profiling that occurred in public or in front of family, friends or co-workers.
They feared that people would assume that they had done something inappropriate to bring on the incident. Obviously, they would think twice about sending their kids back to my class, right? Also, what if, as we know, children are very [impressionable], and if they see something, even if they don't believe it, it is going to be in the back of their minds.
They are going to think about it and say maybe he did do something. Similarly, the Commission heard about a Muslim man worried that his co-workers would think he was a security threat after he was questioned about his beliefs and activities while at work.
An African Canadian father of the Jewish faith described an incident that occurred when his teenage sons went to pay a utility bill for their mother at their bank branch. Rather than asking questions to determine whether the boys were involved in illegal activity or whether they were unknowingly in possession of the bills, the bank manager assumed the worst and called the police. When the police arrived, it was again assumed that the young men were involved in illegal activity and they were handcuffed and detained for seven hours.
The police interrogated the boys in a very aggressive fashion, without contacting their parents. They were brought home in handcuffs in front of the neighbours. How do you think this will affect my son's reputation at his Yeshiva school? I was so upset that I had to go home and settle down and was subsequently, late for work. Several noted that their experience involved being challenged on their social status or place of employment.
By way of example, an African Canadian mother stated that when her son told the law enforcement officials that he attends University of Toronto, they suggested he could neither be a student there nor a resident of the affluent neighbourhood he was in. Another man reported an incident where officers challenged his assertion that he was a paid employee as opposed to a volunteer. In fact, it was her company.
A young African Canadian woman described an incident she experienced with her mother who is a doctor. And, A. All of these individuals felt very demeaned by the assumptions that had been made that because of their skin colour, they could not hold the social status that they do. Many reported that racial slurs and comments were used during the incident of profiling, further compounding the impact on human dignity. Many people explained that racial profiling caused problems in their relationships with others.
In one instance, spousal breakdown was cited as a consequence of racial profiling. The man, who reported losing his job because of profiling related to September 11 th and consequently suffering depression, indicated that his marriage has broken down as a result.
Persons in inter-racial relationships described unique issues that were raised for them as a result of profiling. Some reported experiencing profiling because of the nature of their relationship. For example, racialized women reported incidents where they were assumed to be prostitutes because they were in a car with a White man who was assumed to be a customer, and racialized men described being stereotyped as pimps if accompanied by White women.
Almost everyone in an inter-racial relationship reported that the White partner was deeply affected and felt responsible when the racialized partner was exposed to profiling. Submissions discussed the impact that profiling has on friendships and other relationships between racialized and White persons. Several people reported having a major transformation in their understanding of racism. As a White person I have never been exposed or witnessed such an attitude toward another person for no apparent reason.
After I thought about it, I also felt sick. I now have a newfound understanding of the Black community and what they can face on a day-to-day basis. I was next in line and they were checking her out to see if she was stealing something. I couldn't believe it was happening. If Black and White people just shopped together more often, they'd see this stuff happening.
It just cannot keep on going this way, it is just too awful. I have a sadness inside, it is like a cancer. Something that is growing inside like a secret, a terminal growth, a horrible pathology. It demeans us all. Some participants described feeling as if they had to educate others about the phenomenon of profiling. And, unfortunately, some people reported pulling away from non-racialized persons because they have found that they are not empathetic, deny the existence of profiling or say it is a legitimate practice.
It does happen to me. I am a businessman, have people working for me, I'm a regular church goer. When they read the Toronto Star they think it is absolute nonsense, and when I tell my story, they say, stuff like that does happen. I believe that it has drawn me closer to other immigrants, as well.
It is frightening, it is degrading, and there are high emotional tolls on all of us. Both the children and their parents Many of the people who participated in the inquiry described direct psychological impacts including: fear, anxiety, intimidation, and feelings of helplessness and hopelessness.
And, others reported manifestations of these feelings such as tearfulness, nightmares, difficulty sleeping, suicidal thoughts, depression and drug abuse. Several participants reported seeing, or having their child see, a psychologist or therapist to cope with the mental aftermath of racial profiling. I almost lost my job because I was unable to cope for quite some time after this incident. Racial Profiling. Living while Black on Campus: a Roadmap for Student Activism We rely on the police to protect us from harm and promote fairness and justice in our communities.
Take Action. Mapping the FBI.
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