RACIAL PROFILING AND CRIMINAL PROFILING

DISCUSSION MUST BEGIN WITH TWO PARAMETERS:

1) THE DEFINITION OF RACISM è THE DIFFERENTIAL AND DISPROPORTIONATE TREATMENT ON THE BASIS OF RACE.

2) EVIDENTIARY BASE è NEED TO HAVE A RESEARCH-BASE [DATA AND EVIDENCE-BASED] ASSESSMENT.

[1] RACIAL PROFILING: A DEFINITION è RACIAL PROFILING EXISTS WHEN THE MEMBERS OF A PARTICULAR RACIAL OR ETHNIC GROUP BECOME SUBJECT TO GREATER CRIMINAL JUSTICE OR INSTITUTIONAL SURVEILLANCE THAN OTHERS. PROFILING EXISTS WHEN RACIAL CHARACTERISTICS - RATHER THAN BEHAVIOUR – CONTRIBUTES TO SURVEILLANCE DECISIONS.

ACCORDING TO THE ONTARIO HUMAN RIGHTS COMMISSION (2003), RACIAL PROFILING CAN BE DEFINED AS ACTIONS UNDERTAKEN FOR REASONS OF SAFETY OR SECURITY THAT RELY ON STEREOTYPES OF RACE TO TARGET MEMBER OF A GROUP FOR NEGATIVE TREATMENT

BY CONTRAST, CRIMINAL PROFILING RELIES ON ACTUAL BEHAVIOUR OR INFORMATION THAT MEETS THE DESCRIPTION OF SUSPECTS.

RACIAL PROFILING MAY BE A KIND OF CRIMINAL PROFILING BUT, RATHER THAN REFLECT OBJECTIVE EVIDENCE, IT INVOLVES A MINDSET BASED ON STEREOTYPICAL ASSUMPTIONS RELATED TO RACE AND PRECONCEIVED IDEAS ABOUT A PERSONS CHARACTER

[2] THE TORONTO POLICE SERVICE COMMISSIONED ITS OWN REPORT THAT CALLED THE STAR'S METHODOLOGY AND INTERPRETATIONS "JUNK SCIENCE," ALTHOUGH THAT REPORT, TOO, ATTRACTED METHODOLOGICAL CRITICISMS.

{{{CLOSS, WILLIAM J. “THE KINSTON POLICE DATA COLLECTION PROJECT: A PRELIMINARY REPORT TO THE KINGSTON POLICE SERVICES BOARD.” 17 MARCH 2005.}}}

KINGSTON POLICE STOP A DISPROPORTIONATE NUMBER OF YOUNG BLACK AND ABORIGINAL MEN, ACCORDING TO A RACIAL PROFILING STUDY. A STUDY OF POLICE STATISTICS IN KINGSTON, ONT., RELEASED IN MAY 2005 FOUND THAT YOUNG BLACK AND ABORIGINAL MEN WERE MORE LIKELY TO BE STOPPED THAN OTHER GROUPS. THE DATA SHOWED THAT POLICE IN THE PREDOMINANTLY WHITE CITY WERE 3.7 TIMES MORE LIKELY TO STOP A BLACK AS A CAUCASIAN, AND 1.4 TIMES MORE LIKELY TO STOP AN ABORIGINAL PERSON THAN A WHITE. MANY OTHER STUDIES IN THE UNITED STATES AND BRITAIN SUGGEST THAT RACIAL PROFILING DOES EXIST. IN ENGLAND, POLICE ROUTINELY RECORD THE RACIAL BACKGROUND OF EVERYONE STOPPED AND SEARCHED BY POLICE. STATS FROM 1997-98 FOUND THAT BLACK PEOPLE WERE STOPPED AND SEARCHED AT A RATE OF 142 PER 1,000. WHITES WERE STOPPED AND SEARCHED AT A RATE OF JUST 19 PER 1,000.

WORTLEY, SCOT AND JULIAN TANNER. 2004 “DATA, DENIALS AND CONFUSION: THE RACIAL PROFILING DEBATE IN TORONTO.” THE CANADIAN REVIEW OF POLICING RESEARCH.

[FIRST], BECAUSE BLACK PEOPLE ARE SUBJECT TO GREATER AND INCREASED SURVEILLANCE, THERE ARE ALSO INCREASED CHANCES FOR THEM TO GET CAUGHT WHILE THEY BREAK THE LAW

(WORTLEY AND TANNER 6). [SECONDLY], RACIAL PROFILING FURTHER “ALIENATES BLACK PEOPLE FROM MAINSTREAM CANADIAN SOCIETY AND REINFORCES PERCEPTIONS OF DISCRIMINATION AND RACIAL INJUSTICE.”

THESE TWO CONTINGENCIES STRENGTHEN THE ARGUMENT THAT BEING BLACK EQUATES TO BEING SEEN AS THE “USUAL SUSPECT.” THIS KIND OF MINDSET SERVES AS A SELF-FULFILLING PROPHECY WITHIN THE POLICE FORCE.

DATA COLLECTION WILL – SERVE AS AN EFFECTIVE MEANS OF MONITORING POLICE BEHAVIOUR AND MIGHT VERY WELL REDUCE THE NUMBER OF UNJUSTIFIED RACIAL PROFILING INCIDENTS; AND SERVE AS A TRANSPARENT EFFORT TO MONITOR AND ELIMINATE RACIAL PROFILING THAT WOULD ULTIMATELY IMPROVE THE RELATIONSHIP THE POLICE HAVE WITH VARIOUS RACIAL MINORITY GROUPS (9).

GREATER TRANSPARENCY AND ACCOUNTABILITY

DATA COLLECTION, WHETHER AS AN ADOPTED PROCESS OR AN AVAILABLE ONE, CAN BE A PROACTIVE MONITORING AND OVERSIGHT TOOL THAT EFFECTIVELY ADDRESSES POLICE DISMISSALS BASED ON THE “BAD APPLE” ANALOGY (CLOSS, 5).

THE CANADIAN ASSOCIATION OF CHIEFS OF POLICE (CACP) PASSED A RESOLUTION ENTITLED “BIAS-FREE POLICING” AND IT NOTES:

THAT CANADIAN ASSOCIATION OF CHIEFS OF POLICE MEMBERS WILL EXERCISE LEADERSHIP BY INITIATING OR STRENGTHENING PROGRAMS AND STRATEGIES THAT PROMOTE BIAS-FREE POLICING, GIVING PARTICULAR ATTENTION TO PUBLIC ACCOUNTABILITY, POLICY-MAKING, MANAGEMENT, SUPERVISION, EQUITABLE HUMAN RESOURCES PRACTICES, EDUCATION, COMMUNITY OUTREACH AND PARTNERSHIPS (CLOSS, 9).

HOWEVER è WORTLEY ARGUES FOR MORE RESEARCH AND MORE DATA COLLECTION BY POLICE FORCES, SAYING THE REFUSAL TO DEAL WITH IT WILL "ENSURE THAT THE ISSUE OF RACIAL DISCRIMINATION CONTINUES TO HAUNT LAW ENFORCEMENT AGENCIES FOR DECADES TO COME."