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Police Carding Essay

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Recommended: Racial Profiling In America

The police practice of carding is fundamentally perceived as a race and class issue that has come to define a tumultuous relationship between police and people of colour from the past to modern-day, causing a mistrust in police and the system. The practice of police stops allow police to operate in a grey area by obtaining evidence and information through psychological intimidation, many times directed to youth. The recent call for legislation and accountability of police has brought the issue to the forefront of media and public concern. There have been many police and community based investigations on the practice, one being the Police and Community Engagement Review (PACER). PACER stipulated that the police were going to go forward …show more content…

The data collection is particular harmful to youth who are often targets of police stops who will now have a record, without ever having received a ticket, been charged or arrested. The indefinite keeping of these interactions is absolutely detrimental when applying to jobs that require a background check, subsequently harming the applicants’ chance of getting a job at no fault or wrongdoing. This would be prominent if they were to apply to the police force or in a sector dealing with children. George Singh has firsthand encountered several police stops with damning descriptions of him, he is a student of Osgoode Hall law program and is well aware of his rights and plans to continue to fight to protect them, but as it stands he will continue to have a record with the police forever affecting his chance of obtaining certain jobs. In court cases such as Anthony Fountain, an arrest was not the intended goal from the beginning but resulted into the officer violating Fountains constitutional rights while obtaining evidence. The judge ruled that although Fountains rights were not observed the evidence obtained was admissible due to the weight the evidence carried. Ruling such as these are concerning because it may lead police to continue to take risks that would infringe upon citizens constitutional rights if they believe it will still be admitted. Fountain

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In my court case in 1963 Ernesto Arturo Miranda is being accused of kidnapping, and raping. Miranda appealed to the Arizona Supreme Court, saying that the police had gotten his confession unconstitutionally. The U.S Supreme Court review the case in 1966. Chief Justice Earl Warren, said that the confession could not be used as evidence because the evidence was gotten unconstitutionally. Miranda was not told that he had rights like the fifth and sixth amendment so he did not know, that is why the confession was not used as evidence.

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The police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).

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Racial profiling by law enforcement is an overwhelmingly useless and prevalent expression of hate and ignorance to this day. Internationally, a wide variation of races are unrightfully discriminated against by the enforcements who are supposedly there to protect them. Jim Crow policing is an issue that undoubtedly continues, no matter the amount of riots or unjustly arrested/ murdered civilians. Cases like Trayvon Martin, and Mike Brown, as well as Bob Herbert 's article Jim Crow Policing published in the New York Times, February 2nd 2010, explain first hand accounts and statistics to give examples of the fact that racial profiling from the police force consistently takes place.

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Racial profiling is a very important issue that individuals in society face every day. This problem occurs in low income or poverty-stricken areas throughout cities and communities across the nation. Hundreds of anecdotal testimonials allege that law enforcement officials at all levels of government are infringing upon the constitutional rights and civil liberties of racial and ethnic minorities through a practice called “racial profiling” (Ward, 2002). So what is racial profiling? According to the National Institute of Justice, racial profiling by law enforcement is commonly defined as a practice that targets people for suspicion of crime based on their race, ethnicity, religion or national origin (National Institute of Justice, 2013).

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