"Getting a Handle on Racial Profiling Before Calls for Data Collection Take Hold." Law Enforcement News (April 1999): pp. 1, 6.Abstract: With the controversy over alleged profiling by New Jersey State Police troopers having expanded to include scrutiny of the patrol practices of other police departments across the country, law enforcement organizations have pushed the profiling issue into their agendas, coming out with their own preemptive proposals for eliminating bias that may exist during traffic stops before official calls for data collection can be implemented.

"Policies Help Gain Public Trust: Guidance From the IACP Highway Safety Committee." Police Chief (July 2000): pp. 24-29.Abstract: The best way to ensure the trust of citizens and the courts, and to protect our officers from unfair criticism, is to develop an anti-profiling policy that delineates approved techniques for professional traffic stops, and makes a clear statement that profiling is not one of those techniques. Once a policy is in place, it must be followed up with proper supervisory oversight.

"Whether Real or Just Perceived, Racial Profiling Gets the Attention of Police." Law Enforcement News (March 1999): pp. 1, 6.Abstract: Confronted by an issue which many in law enforcement maintain does not exist except in the public's perception, the nation's police departments have nonetheless begun seeking ways to address racial profiling and perhaps avoid the same serious problems that now plague the New Jersey State Police.

This bibliography is a representative selection of materials either owned or on order by the FBI Academy Library. Inclusion of an item does not represent an endorsement by the FBI of the material or its author.

Abramovsky, Abraham and Jonathan I. Edelstein. "Pretext Stops and Racial Profiling After Whren V. United States: The New York and New Jersey Responses Compared. " Albany Law Journal 63(2000): pp. 725-53.Notes: Available fulltext on WestlawAbstract: Compares and contrasts the efficacy of the New York and New Jersey judicial responses to racial profiling. Discusses the methods by which racial profiling may be challenged in court and the effect of Whren on the availability of these methods.

Burris, John L. Blue vs. Black: Let's End the Conflict Between Cops and Minorities. New York: St. Martin's Press, 1999.Call Number: HV 8141.B85 1999Abstract: Presents instances of brutality and then discusses how those instances might have been avoided. It is not a blanket indictment of cops; indeed, it's deeply respectful of the job that we citizens ask police to perform. It presents a powerful blueprint for change and calls upon all of us to reject polarizing rhetoric and work as one community to solve these problems.

Cleary, Jim. "Racial Profiling Studies in Law Enforcement: Issues and Methodology." June 2000. [http://www.house.leg.state.mn.us/hrd/pubs/raceprof.pdf]. Abstract: Many communities have undertaken racial profiling studies to examine if and how someone's race and ethnicity plays a part in stops by law enforcement. This information brief describes the central concepts, issues and methodological challenges involved in studying racial profiling in law enforcement.

Clinton, William J. "Fairness in Law Enforcement: Collection of Data." June 9, 1999. [http:www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1999/6/10/5.text.1]
Abstract: The President issued this Executive Memorandum to the Secretary of the Interior, the Attorney General, and the Secretary of the Treasury, directing them to "design and implement a system to collect and report statistics relating to race, ethnicity, and gender for law enforcement activities in each department." The Departments of the Interior and the Treasury are directed to coordinate the preparation of their proposals with the Attorney General within 120 days.

Cohen, John D., et al. "Eliminating Racial Profiling: A Third Way Approach." February 2000. [http://www.ppionline.org/ndol/print.cfm?contentid=610]. Abstract: The problem with racial profiling is not that it targets 'dangerous people in dangerous places.' It is that it targets inaccurately and in ways that breed resentment and mistrust between the police and poor communities. What we need is the right kind of targeting, based on better information about lawbreakers and closer cooperation between the police and the community. This paper proposes a Third Way: replace racial profiling with new tools that will help the police to make better judgments, deploy their resources more strategically, and most important of all, enlist citizens in crime-riddled neighborhoods in their own self-defense.

Fletcher, Michael A., et al. "Airport Precautions Causing Insecurity." The Washington Post (February 1997): p. A1.Notes: Available fulltext on NewsBankAbstract: Amid escalating concerns over passenger safety, airlines have become the newest frontier for civil rights abuses committed under the guise of public safety. The result is that Arab Americans and other minorities are now facing on airlines the same kind of unfair scrutiny they already receive on the nation's roadways and trains.

Ghannam, Jeffrey. "Trafficking in Color." ABA Journal (May 2000): pp. 18-19.Abstract: A study of New Jersey traffic stops from 1988 to 1991 concluded that black drivers were much more likely to be pulled over and arrested than whites. Yet, study observers noted, blacks disobeyed traffic laws at about the same rate as everyone else.

Gibeaut, John. "Marked for Humiliation." National Bar Association Magazine (January/February 1999): pp. 20-21.Notes: Available fulltext on WestlawAbstract: Critics claim that the searches at Chicago's O'Hare Airport are part of a larger pattern of racial profiling that law enforcement illegally uses to stop blacks and other minorities in airports, on highways and at other public places just because they look like they don't belong.

Harris, David. "Driving While Black and All Other Traffic Offenses: The Supreme Court and Pretextual Traffic Stops." Journal of Criminal Law and Criminology (Winter 1997): pp. 544-82.Abstract: The US Supreme Court's decision in Whren v. United States (1996) approved two alarming law enforcement practices. First, police are given a license to stop virtually any citizen for even the most minor traffic offense in order to conduct a vehicle search. The second is that police will not subject all drivers to traffic stops as allowed by "Whren," but will disproportionately stop African-Americans and Hispanics, who they view as a criminal class disproportionately involved in crime.

Harris, David. "Driving While Black: Racial Profiling on Our Nation's Highways." June 1999. [http://www.aclu.org/profiling/report/index.html]. Abstract: Racial profiling is based on the premise that most drug offenses are committed by minorities, and this premise creates a profile that results in more traffic stops of minority drivers. Consequences of racial profiling in law enforcement are evident in the demographics of the prison population. For example, blacks constitute 13 percent of drug users in the United States, 37 percent of those arrested on drug charges, 55 percent of those convicted, and 74 percent of all drug offenders sentenced to prison. Media coverage of racial profiling is also prominent, as indicated in numerous cited examples. Further, statistical evidence collected in the course of American Civil Liberties Union lawsuits shows a clear pattern of racially discriminatory traffic stops and searches. Personal and social costs of racial profiling are considered, as well as ways of preventing the problem.

Hill, Steven J. "Racial Profiling: A Challenge for American Policing." Law & Order (November 1999): p. 94.Abstract: It is evident that law enforcement is in a state of evolution. Traditional policies and tactics are being reexamined and often redressed. With regard to race relations this is not only reasonable, it is necessary. Racially motivated behavior in general is losing its hold throughout our society. Law enforcement should be a beacon of propriety in this respect.

Kennedy, Randall. "You Can't Judge a Crook by His Color." Utne Reader (January/February 2000): pp. 70-74.Abstract: The practice of racial profiling undercuts a good idea that needs more support from both society and the law: Individuals should be judged on the basis of their own conduct and not on the basis of racial generalization.. Race dependent policing retards the development of bias-free thinking; indeed, it encourages the opposite.

Knowles, John, et al. Racial Bias in Motor Vehicle Searches: Theory and Evidence. Cambridge, MA: National Bureau of Economic Research, 1999.Call Number: HB 1.W654no.7449Notes: (Also available at http://www.nber.org/papers/w7449)Abstract: African-American motorists in the United States are much more likely than white motorists to have their cars searched by police checking for illegal drugs and other contraband. The courts are faced with the task of deciding on the basis of traffic-search data whether police behavior reflects a racial bias. This paper discusses why a simple test for racial bias commonly applied by the courts is inadequate and develops a model of law enforcement that suggests an alternative test.

Margolis, Jeremy, et al. "Proactive Defense Strategies Can Minimize Risk." Police Chief (July 2000): pp. 18-23.Abstract: Law enforcement agencies can minimize the risk of racial profiling charges and costly litigation by focusing on the following areas: supervision, policies, training and aggressive action.

Markowitz, Michael W. and Delores D. Jones-Brown. System in Black and White: Exploring the Connections Between Race, Crime, and Justice. Westport, CT: Praeger, 2000.Call Number: HV 6197.U5S97 2000Abstract: Focuses on the nexus between race and crime in the United States; subscribes to the belief that race, as a singular biological factor, does not predispose any group toward certain types of behavior.

Matthews, John. "Racial Profiling : A Law Enforcement Nemesis." Police (November 1999): pp. 38-39.Abstract: Racial profiling, the practice of using certain racial characteristics as indicators of criminal activity, has been a hot topic for years. Now, to guard against accusations of racial profiling, officers must have a legitimate and legal reason, that they can properly articulate, to stop and search a vehicle and its contents.

Meeks, Kenneth. Driving While Black. New York: Broadway Books, 2000.Call Number: HV 8141.M39 2000Abstract: Defines the system officially known as CARD (class, age, race, dress) and offers advice about how to handle potentially life-threatening situations with the police, as well as recourse for readers who suspect their civil rights have been denied due to racial profiling.

New Jersey Department of Law and Public Safety. "Final Report of the State Police Review Team." July 1999. [http://www.state.nj.us/lps]. Abstract: Recognizes that while the phenomenon of racial profiling and other forms of disparate treatment of minorities is real and not just a matter of perception, perceptions concerning the magnitude and impact of the problem are important. These perceptions vary widely, in that minority and non-minority citizens in New Jersey have markedly different views regarding the scope of the problem. This report recognizes that the racial profiling controversy is by no means limited to the New Jersey State Police, but rather is a truly national problem, as reflected in the number of bills pending in Congress and state legislatures across the country.

Ogletree, Charles J., et al, eds. Beyond The Rodney King Story: An Investigation of Police Conduct in Minority Communities. Boston, MA: Northeastern University Press, 1995.Call Number: HV 8141.B49 1995Abstract: Racism critically influences how the police perform their law-enforcement functions. The use of sweeps through minority areas in the name of crime fighting, the targeting of young black males for "stop and frisks," the targeting of young black males for humiliating strip searches, even in public, and the creation of criminal profiles that inevitably focus on African Americans and Latinos have become standard police practice in urban America. Rarely does one find the same extreme measures taking place in white areas, notwithstanding the fact that crime occurs there too. The problem of police conduct and community relations will not be solved overnight. As a result of six public hearings and a collection of other data, the NAACP has identified a number of significant issues and has proposed a number of far-reaching reforms.

Porter, Rebecca. "Skin Deep: Minorities Seek Relief From Racial Profiling." Trial (November 1999): pp. 13-16.Abstract: On some stretches of the nation's highways, it's not driving under the influence that alarms African American drivers. They may be more concerned with being pulled over for DWB (driving while black). Other minorities also feel that they have been scrutinized unnecesssarily on the highways, in airports and in public places because of their skin color. Law enforcement officials generally dismiss racial profiling allegations, maintaining that victims wrongly perceive thay are being targeted.

Schmedlen, Roger H. "A Picture of Profiling." Security Management (May 2000): pp. 70-73.Abstract: Reputable retail stores are sometimes hit with potentially costly lawsuits in which a customer charges that store security used racial profiling in determining whom to monitor on surveillance cameras. These allegations are made in the course of wrongful detainment suits involving minorities who may or may not have shoplifted merchandise. In these cases, the plaintiff's attorney will obtain surveillance videotape during discovery, and in viewing the video, the lawyer will perceive that minorities are selected as surveillance subjects in disproportionate numbers as compared to the racial makeup of the store's population. A portion of a video tape taken out of context can be misleading, yet in racial profiling cases, that is often the plaintiff's central evidence.

Scoville, Dean. "A View Askew: A Sideways Look at Racial Profiling." Police (August 2000): pp. 16-17, 20-23.Abstract: Is it a recent phenomenon, growing problem, established law enforcement practice or something else entirely? This article explores the facts in trying to determine the answer to this question.

Stone, Christopher. "Race, Crime and the Administration of Justice." National Institute of Justice Journal (April 1999): pp. 26-32. Call Number: J 28.14/2-2:239Abstract: Summarizes data and findings from research pertinent to racial representation in patterns of crime victimization, stereotypes and criminal profiles, disparities in conviction rates and sentencing, and criminal justice employment. Research suggests that racial stereotypes for offending have developed within police attitudes and procedures. This is particularly evident in the practice of stopping black motorists at a higher rate than white motorists, because the police have profiled black drivers as being more likely to carry contraband in their cars.

Strom, Kevin J. and Matthew R. Durose. Traffic Stop Data Collection Policies for State Police, 1999. Washington, DC: US Department of Justice, Bureau of Justice Statistics, February 2000. Call Number:*In cataloging Abstract: This report provides findings from the 1999 Survey of State Police Agencies Information Inventory. Discussed are the circumstances under which demographic data are collected for traffic-related contacts and violations.

Task Force on Government Oversight. "Operation Pipeline." 1999. [http://www.aclunc.org/discrimination/webb-report.html]. Abstract: Operation Pipeline, a by-product of the Federal War on Drugs, has been used throughout the country to train thousands of state police officers, including the California Highway Patrol (CHP), to identify potential drug runners. The author of this report, prize winning reporter Gary Webb, attended the CHP training program and accompained numerous CHP officers as they implemented the Operation Pipeline Guidelines on California's highways. In the report that follows, Webb illustrates how the use of the Federal guidelines by the CHP has meant the unjustified and discriminatory stops of drivers of color in California for no legitimate reason.

Thompson, Anthony C. "Stopping the Usual Suspects: Race and the Fourth Amendment." New York University Law Review (October 1999): pp. 956-1013.Notes: Available fulltext on WestlawAbstract: Addresses the constitutional and policy implications of racially motivated searches and seizures. The author proposes a variety of doctrinal and nonjudicial remedies designed to effectuate the original intent of the Fourth Amendment by deterring racially motivated searches and seizures.

US Department of Justice. "Responding to the Executive Memorandum on Fairness in Law Enforcement: Department of Justice Proposal." October 8, 1999. [http://www.ojp.usdoj.gov/bjs abstract/remflep.htm].
Abstract: In response to the President's Executive Memorandum of June 9, 1999, the Department of Justice (DOJ) submitted its proposal "to design and implement a system to collect and report statistics relating to race, ethnicity, and gender for law enforcement activities in each department." The proposal employs a two-part process. Part 1 focuses on nonsuspect-specific encounters by the Drug Enforcement Administration and the Immigration and Naturalization Service. Part 2 focuses on persons arrested by all DOJ law enforcement agencies and persons prosecuted by US Attorneys.

United States General Accounting Office. Racial Profiling: Limited Data Available on Motorist Stops. Washington, DC: United States General Accounting Office, 2000.
Call Number: GA 1.13:GGD-00-41Abstract: This report provides information on the findings and methodologies of analyses that have been conducted on racial profiling of motorists, and federal, state and local data currently available, or expected to be available soon, on motorist stops.

Walter, Lisa. "Eradicating Racial Stereotyping From Terry Stops: The Case for an Equal Protection Exclusionary Rule." University of Colorado Law Review 71(Winter 2000): pp. 255-94.Notes: Available fulltext on WestlawAbstract: Examines the legal theories considered in Terry and other cases dealing with investigatory stops under the Fourth and Fourteenth Amendments, and explores the broader context in which airport and traffic stops reflect the zealous pursuit of the "War on Drugs." The startling statistics from Operation Pipeline, the cooperative DEA-State program to intercept drug traffic along Interstate 95, reveal that racial minorities bear the brunt of the eroding constitutional protection caused by this "war." Because existing legal remedies under the Fourth and Fourteenth Amendments are insufficient to protect racial minorities against selective targeting in Terry stops, courts should implement alternative means of securing this protection such as an equal protection exclusionary rule. An equal protection suppression remedy would be a judicially created device stemming from the Fourteenth Amendment and patterned after its Fourth Amendment counterpart.

Compiled by Marian Allen & Jean Caddy, 9/00