Amna Rashid Peace Justice and Human Rights Final Paper Draft Professor Jill Stauffer

War on Terror or simply Flying While Arab--These phrases alone evoke an uneasy feeling and further hinder the desire for equality and tranquility in the name of universal human rights. These are prime examples of the phenomenon known as racial profiling. The incorporation of racial profiling in the justice has caused each law-abiding minorities to be treated through profiling as if they are criminals, terrorists, or undocumented immigrants. Racial Profiling fails to automatically constitute probable cause, thus it is an inaccurate instrument of gathering data --a person is more likely to commit a crime because of cultural or ethnic differences seems to endanger any evidence found to being subject to dismissal through racial bias; factual evidence should not be trumped by fearful assumption when the truth is suppose to be the prime aspect of our justice system. Thus, Racial profiling forces individuals who have engaged in no wrongdoing to endure the burdens of law enforcement in order to prove their innocence. Racial profiling opposes the equality ideally created by the constitution or the Declaration of human rights, by causing people who have had exposure to racial profiling to be hurt because profiling is proven to be psychological detrimental. Racial profiling is a blatant violation of the Fourteenth Amendment and universal human rights, and thus needs to be addressed by the crucial need of changing the attitudes and practices of law enforcement, because they are the main stakeholders when it comes

down to the racial profiling problem being solved. Also, it is important to curve racial stereotypes and beliefs of them; by encouraging the media to control censorship and racial sensitivity and the UN must shape interdependence as a good factor for developing anti-discrimination laws; international bodies must enact too, to control the limit or abolish the institutions of racism and use of racial profiling in the justice system. (THESIS) The simple answer to the question of Why does it matter if racial profiling is occurring? is that it is both morally and ethically wrong. But there are several reasons that go beyond it just being the wrong thing to do. Racial profiling has become a rising issue in the United States because law enforcement and media carry it out on a daily basis. Thus, it is an actionable constitutional violation of the 14th Amendment of the United States Constitution and the Declaration of Human Rights. A recent United States district court ruling affirmed that making traffic stops on the basis of race has been clearly established as an unconstitutional activity. The court allowed a civil lawsuit to go forward against Maryland State Police officers and their supervisors. Interestingly, the court ruled that even though the supervisors did not at any time directly participate in making profile stops, just the fact that there was strong statistical evidence indicating disproportionate traffic enforcement and searches of minorities was sufficient to have given the supervisors notice that their troopers were committing constitutional violations. Thus, the statistical evidence by the Department of Justice and the Bureau of Justice Statistics in 2010 showed that of the white drivers stopped, only 3.5 3.6% of them were searched in 2002 and 2005; Black and Hispanic drivers who were stopped were searched 10.2-11.4% and 9.5 8.8% between 2002 and 2005 respectively (Maryland State Conference of NAACP Branches v. Department of Md. State Police 12).

Thus, Arendt makes a similar case in in her essay when addressing the loss of national rights that many minorities face. In her essay Perplexities of a Man, she mentions, The stateless people were as convinced as the minorities that loss of national rights was identical with loss of human rights... (Arendt 172. Arendt says that the human rights of people in specific nations are identical to their national rights. Hence through racial profiling, many minorities are losing their national rights in the process. The act goes against individual rights to equal protection and many studies have shown does not contribute to the common good. Thus people who go through the frisking or abuse by law enforcement without any factual evidence other than their race at the moment lose their protection from the constitution and the nation. Thus, the Minorities, even those who are innocent, thus feel pressured to dress in a particular way to avoid drawing attention to themselves, or to stop traveling certain routes in order to avoid interacting with the police to reintegrate themselves back into society and regain their national rights that have been violated by racial profiling. The first right which the right less suffered was the loss of their homes, (Arendt 173). The claim Arendt makes intertwines with similar claims that Freeman makes of ordinary people acknowledging human rights when they lose security of everyday life. Thus, Arendts claim exemplifies the loss of security these people suffer by losing their home or their distinct place in the world that they spent their whole lives establishing. Thus, racial profiling exemplifies how minorities who have spent their lives in America are being frisked and violated based on their appearance. Thus, for every terrorist that is captured, every Arab American is monitored to be a terrorist. Why? Racial Profiling. Thus, Arendt claims about losing the security of a home can be further exemplified by the case that occurred in 2006 and 2007 where the NYPD had monitored Muslim students all over the Northeast. Reports by the Associated Press and New York times found that undercover

city officers kept a close eye on Muslim students at Yale, Columbia, Syracuse, Rutgers, New York University, Brooklyn College and public state universities. One officer took a whitewater rafting trip with students; he reported they prayed five times a day (New York Times 1). The example of young Muslims being targeted in their universities or personal lives without any factual evidence against them shows the loss of security that is faced by minorities who are targeted without any offence. Hence, going further into Arendts argument of the loss of legality that occurs within the minorities. Thus, the loss of legality is exactly what the minorities such as African Americans, Muslims or Hispanics face when they are frisked or humiliated in public when they are innocent. Many people who are left stateless are persecuted not due to their actions but rather for being born a certain way. Furthermore, the reason that racial profiling occurring matter is because it is immensely prevalent in our society, and has deeply integrated in our criminal justice system. Hence, many times it become government approved racism, and thus needs to be crucially changed by altering attitudes and practices of law enforcement and the justice system, and not encouraging racial stereotypes by the media, and creating an international platform through the UN by shaping interdependence as a good factor for developing anti-discrimination laws. The attitude of the general law enforcement is that racial profiling is adequate practice, and thus fail to recognize the unethical and failures attached to it. The first failure of racial profiling that is important to recognize is how it diverts precious law enforcement resources and destroys the relationship between local law enforcement authorities and the communities they serve. Thus, this flaws the basic reason why many law enforcement do their job. For example, looking it in a way of terrorism, even if one accepts the false assumption that terrorists are likely to be Arabs or Muslims, there is immense error that occurs with this type

or profiling. The profile of a terrorist as an Arab or Muslim has been applied to individuals who are neither Arab nor Muslim (e.g., Sikhs and other South Asians). Thus, the bombing of the Sikh temple that occurred in 2011 because it was thought to be a Muslim temple caused great outrage. However, if the government and the justice system enforce the profiling, then the rise of hate crimes will also occur. Thus, the attitudes of law enforcement will be changed through the people of America or the inviduals resting in the nation. Perry in his essay Are Human Rights Universal mentions that people think differently in various cultures, and there is no way getting around that. Although many beliefs about what is bad for every human being and many beliefs, too, about what is good for every human being are widely shared about cultures, obviously not every such belief is shared among cultures--- or even within a single culture. (71)