You Can't Judge a Crook by his Color
(Page 5 of 6)
January/February 2000
By Randall Kennedy, The New Republic (www.thenewrepublic.com)
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Since abandoning racial profiling would make policing more expensive and perhaps less effective, those of us who oppose it must advocate a responsible alternative. Mine is simply to spend more money on other means of enforcement--and then spread the cost on some nonracial basis. One way to do that would be to hire more police officers. Another way would be to subject everyone to closer surveillance. A benefit of the second option would be to acquaint more whites with the burden of police intrusion, which might prompt more of them to insist on limiting police power. As it stands now, the burden is unfairly placed on minorities--imposing on Mexican Americans, blacks, and others a special kind of tax for the war against illegal immigration, drugs, and other crimes. The racial element of that tax should be repealed.
I'm not saying that police should never be able to use race as a guideline. If a young white man with blue hair robs me, the police should certainly be able to use a description of the perpetrator's race. In this situation, though, whiteness is a trait linked to a particular person with respect to a particular incident. It is not a free-floating accusation that hovers over young white men practically all the time--which is the predicament young black men currently face. Nor am I saying that race could never be legitimately relied upon as a signal of increased danger. In an extraordinary circumstance in which plausible alternatives appear to be absent, officials might need to resort to racial profiling. This is a far cry from routine profiling that is subjected to little scrutiny.
Now that racial profiling is a hot issue, the prospects for policy change have improved. President Clinton directed federal law enforcement agencies to determine the extent to which their officers focus on individuals on the basis of race. The Customs Service is rethinking its practice of using ethnicity or nationality as a basis for selecting subjects for investigation. The Federal Aviation Administration has been re-evaluating its recommended security procedures; it wants the airlines to combat terrorism with computer profiling, which is purportedly less race-based than random checks by airport personnel. Unfortunately, though, a minefield of complexity lies beneath these options. Unless we understand the complexities, this opportunity will be wasted.
To protect ourselves against race-based policing requires no real confrontation with the status quo, because hardly anyone defends police surveillance triggered solely by race. Much of the talk about police "targeting" suspects on the basis of race is, in this sense, misguided and harmful. It diverts attention to a side issue. Another danger is the threat of demagoguery through oversimplification. When politicians talk about "racial profiling," we must insist that they define precisely what they mean. Evasion--putting off hard decisions under the guise of needing more information--is also a danger.
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