By Vicky A. Bufano | 08/15/2024
Is there really a difference between racial profiling and criminal profiling? Racial profiling has been declared unconstitutional, as it is a violation of the U.S. Constitution’s 14th Amendment equal protection clause.
However, criminal profiling is legal and often used by law enforcement to apprehend criminals. Criminal profiling is used by many police agencies and even the Federal Bureau of Investigation (FBI) because it benefits law enforcement and helps protect citizens. But to avoid problems and concerns, criminal profiling must be used with caution.
The Racial Profiling Debate
The racial profiling debate is one that has gone on for many years, with differing opinions regarding the legitimacy and effectiveness of its use for law enforcement purposes. Race-based profiling is a concern, and it poses a problem in law enforcement agencies. The practice is illegal and serves only to further the divides between race and law enforcement initiatives.
The goal of law enforcement agencies and every police officer should be to establish and maintain the trust of the citizens they protect, as well as serving the needs of that same community, no matter what. With the media attention on the harm caused by racial profiling, many local police agencies have developed policies, procedures, and training. These efforts assist law enforcement officers combat biases and prejudices within the agency and create a sense of unity within the communities they protect and serve.
Racial Profiling’s Illegality and Ineffectiveness
The racial profiling debate cites illegality and the ineffectiveness of its use in law enforcement. Race-based profiling relies on stereotypes of racial or ethnic groups to assist law enforcement in detecting and deterring crime.
There are some people, however, who do not support race-based profiling and see it as a racist tactic by law enforcement. Organizations such as the American Civil Liberties Union (ACLU) have called racial profiling a form of discrimination that undermines the basic human rights and freedoms of every person.
According to the ACLU, racial profiling is defined as “any police-initiated action that relies on the race, ethnicity, or national origin” of a person rather than on their behavior or “on information that leads the police to an individual who has been identified as being, or having been, engaged in criminal activity.”
The ACLU’s position on race-based profiling is clear that “racial profiling is patently illegal, violating the U.S. Constitution’s core promises of equal protection under the law to all and freedom from unreasonable searches and seizures.” The ACLU also claims that racial profiling is not effective and that it drives a wedge between American communities and the law enforcement officers who serve and protect that same community. As a result, the trust and credibility of law enforcement officers is gone.
The Perception of Racial Profiling in America
For Americans, racial profiling in law enforcement is viewed as racial discrimination against black, Muslim, Latino, or Asian groups. When officers use race-based profiling, they are considering the potential suspect’s race or ethnicity to establish reasonable suspicion or probable cause to initiate police action.
This way of thinking by police officers is an obviously poor tactic in law enforcement and is not effective, fair, or reasonable. Patrol officers should not use race or ethnicity when they decide to initiate a non-consensual encounter or request consent to search an individual.
Investigating criminal activity that is based on race should never be the sole basis for a police officer's probable cause or reasonable suspicion. Instead, police officers need to make their decisions based on physical evidence and other information obtained during an investigation.
The Laws Supporting a Ban of Racial Profiling
Opponents of race-based profiling pushed for the End Racial Profiling Act of 2001 to be passed. When it was introduced into Congress, it gained support.
However, this support came before the terror attacks on September 11, 2001. After the attacks, the legislation fell to the wayside. The End Racial Profiling Act was then reintroduced in 2010, but it was unable to get support.
But despite legislators making movement on the atrocities of racial profiling, the Department of Justice issued its “ Guidance Regarding the Use of Race by Federal Law Enforcement Agencies” in June 2003. This document forbade racial profiling by federal law enforcement officials.
In March 2024, Congresswoman Sheila Jackson Lee (D-TX), became the first sponsor of the End Racial Profiling Act of 2017 and began to gather cosponsors to seek its passage.
Racial Profiling’s Effect on Officer Behavior and Communities
Racial profiling is an affront to the core values and principles in the Constitution because it violates civil liberties, equality, and fairness. Proponents of race-based profiling argue that this tactic is necessary for public safety.
However, those proponents are misinformed, as racial profiling is an ineffective and inefficient strategy. Police officers are beginning to recognize that fact and reject its practice in police work.
Race-based profiling is also ineffective because it hinders the ability of an officer to rely on training and experience, assess the situation, and make the best decision possible about taking action. The color of someone’s skin or appearance does not correlate with predicting their behavior. When police agencies allow a police officer to racially profile, it spreads enforcement too wide and in a discriminatory manner.
Racial profiling also creates division between minority communities and police officers. Officers must rely on community members to cooperate with law enforcement efforts. But with alienation and division, citizens are not apt to cooperate and law enforcement efforts are thwarted.
The Legal Practice of Criminal Profiling
While we have seen the dangers and ineffectiveness of racial profiling, not all police officer actions and decisions related to a person’s race is illegal.
Profiling happens in law enforcement agencies all over the country, and it has for many years been supported by fields like forensic psychology and investigative psychology. Legally, law enforcement officers and agencies engage in profiling, which is “an investigative tool to identify suspects of a crime which include [a] description of the suspect and analyzing patterns that help predict future crimes or victims.”
For example, when a serial killer is at large, a police department develops a criminal profile of a suspect. This criminal profile is based on evidence gathered from previous crimes from witnesses, victims, and the crime scene. The profile includes the potential suspect’s age range, gender, race, possible employment, and other factors to narrow down the group of suspects.
Criminal profiling can help police officers to apprehend a suspect, prevent crime, and protect future victims. In analyzing a criminal offense, this type of profiling includes:
- Comparing this crime to similar crimes that have occurred in the past
- Using an analysis of the actual crime scene and available evidence
- Dissecting the victim’s background and any motives for the crime
- Considering alternative motives
- Preparing a character assessment of the offender that can be used for comparison with other cases
Legal Perspectives on Profiling
Most scholars agree that a suspect's description, which includes race or ethnicity, and a reliance on that description to investigate or apprehend an offender, is legal and allowed under the 14th Amendment. Scholars believe providing suspect descriptions that include race or ethnicity is not discriminatory and other factors are considered.
Crime Demographics and Police Officer Training
Another aspect of criminal profiling is recognizing that crime has demographics. Officers are trained and experienced in the neighborhoods they serve, enabling them to notice certain factors that are present in the crimes, suspects, and areas they patrol and investigate.
Officers use a large bank of information in making investigations, stops, and arrests. As a result, their training and experience go a long way in regard to their behavior with a suspect.
Officers Need More Training to Avoid Racial Profiling
Racial profiling is a definite concern and can pose a problem in many law enforcement agencies. It is an illegal practice and serves only to further the divides between people of different races and the initiatives of a police department.
To establish and maintain the trust of citizens under their protection, law enforcement agencies need to provide proper training and implement policies that prohibit racial profiling. This way, police officers can protect and serve citizens with fairness and justice.
Criminal Justice Degrees at American Military University
American Military University's (AMU) criminal justice degree programs are designed for aspiring and active police officers, public safety officials, and former and current military personnel. In AMU’s courses, students can strengthen their knowledge and skills in law enforcement, corrections, and the legal system, learning from seasoned professionals with extensive real-world experience. The degree programs deliver practical, hands-on knowledge, offering adult learners the opportunity to obtain the skills needed to lead, innovate, and make impactful contributions to their communities.
AMU offers four degrees:
- An online associate of arts degree in criminal justice
- An online bachelor of arts degree in criminal justice
- An online bachelor of science degree in criminal justice
- An online master of science degree in criminal justice
Our flexible online format allows students to balance their studies with their careers or other responsibilities, enabling them to progress with their education without sacrificing their professional or personal commitments.
Associate of Arts in Criminal Justice
The associate of arts degree in criminal justice introduces students to the basics of criminal justice. Courses in this program will help students to improve their knowledge of terrorism’s impact, legal issues, law enforcement objectives, and administrative functions.
Bachelor of Arts in Criminal Justice
The bachelor of arts in criminal justice provides an in-depth understanding of the criminal justice system, covering local, state, and federal components. Students delve into criminology, law, and community relations, gaining valuable insights into criminal behavior and corrections. The program's learning objectives emphasize the critical analysis of criminal justice theories, research design, and the impact of law on the justice system.
Bachelor of Science in Criminal Justice
The bachelor of science in criminal justice offers a more technical and practical approach to the field. This program focuses on crime, criminal behavior, and digital forensic science, covering topics such as investigative techniques, digital evidence, and ethical considerations. Students will develop strong analytical and communication skills.
The earning objectives for this program include applying digital forensic science to support law enforcement, understanding the nature and scope of forensic science, and developing comprehensive investigative techniques. The program is designed to provide a deep understanding of the practical applications of criminal justice principles.
Master of Arts in Criminal Justice
The master of arts in criminal justice is designed to develop help students to develop leadership skills. This program provides deep insights into national and local security issues, effective countermeasures, and changes in the criminal justice system post-9/11.
Students will explore advanced topics such as criminal law, juvenile behavior, and terrorism. The learning objectives include an exploration of major criminal justice systems, criminal behavior theories, emerging criminal threats, and the rule of law's impact on crime and corrections.
For more information about AMU’s criminal justice degrees, visit our program page.
