Racial Profiling Education System Checklist

Total Page:16

File Type:pdf, Size:1020Kb

Racial Profiling Education System Checklist RACIAL PROFILING EDUCATION SYSTEM CHECKLIST There are many types of violence in the world and not The Racial Profiling Education System Checklist translates all violence is acknowledged or responded to equally— the data referenced above into a tool for everyday citizens especially as it impacts the lives of women, girls and people and community organizations that want to take action and of color. YWCA USA knows that the disproportionate eliminate racism in their community. At the YWCA USA suspension and expulsion of girls of color in K-12 we know that racism has a direct impact on practices and educational settings is a form of racial profiling that begins policies of local institutions such as school boards and with the assumption that girls of color are exceptionally school districts. If you believe that racial profiling is one of dangerous and ends with disproportionately harsh the ways that institutional and structural racism impact your punishments that often include police involvement for local community, this tool can help you identify patterns behavior that should be handled by the school. According and practices that can be documented. By seeking and to data from the U.S. Department of Education and other documenting the answers to this series of questions you recent studies, black girls are suspended six times more can: transform your community, make recommendations to than white girls, while black boys are suspended three times local decision makers, organize to change public policy, and as often as white boys. educate others about this important issue. SECTION I Unconscious/Implicit Bias or the related topics of: Do your local K-12 schools have any form of a “zero Race? tolerance” disciplinary policy? Gender, gender identity or gender performance? Religion? SECTION II Sexual orientation? Crisis Intervention, de-escalation, and negotiation? Are police officers assigned to or stationed in your K-12 schools? Child development and age appropriate behavior? All schools or certain schools? SECTION V What are the race, ethnic, gender and socio-economic Does your local, county, or state educational system track demographics of the students in schools with a police or collect data on: presence, as compared to schools that do not have a police presence? The number of students suspended or expelled and the violation that warranted this action? SECTION III The number of students that become involved in the What role do police officers play in school disciplinary criminal/juvenile justice system as a result of school processes? policy infractions? What percentage of these incidents were school SECTION IV police officers involved? Teacher/administrator use of inappropriate language or Are there any training requirements for teachers, administrators behavior with students? or school police officers, of any kind, concerning: Teacher/administrator use of excessive force? Trauma informed care or the related topics of: Patterns of teachers/administrators involved in school Domestic violence? suspension/expulsions? Sexual assault? Patterns of teachers/administrators involved in school Child abuse? arrests? continued… RACIAL PROFILING EDUCATION SYSTEM CHECKLIST (CONTINUED) SECTION V (continued) SECTION VII Teachers/administrators involved in sexual misconduct? If your educational facilities have mounted video camera Stalking? surveillance on the property: Sexual Harassment? Where is the camera data stored? Sexual Assault? Who has access to the data? Teachers/administrators involved in domestic violence? How is the data protected from tampering? Teachers/administrators involved in hate crimes? What are the consequences for teachers/administrators interfering Has a teacher/administrator ever been fired or arrested for with, altering, or causing damage to the cameras or data? … against a person of color? using excessive or lethal force SECTION VIII sexual assault/rape What is the relationship between local law enforcement agencies, sexual harassment the juvenile justice system and the local schools or school system? domestic violence Does the leadership of these three entities reflect the population committing a hate crime served by these entities: race, ethnicity, class, and gender? child abuse/neglect/endangerment What percentage of suspensions and expulsions were Has a teacher/administrator ever been fired or arrested for related to minor issues common for students of that … against a white person? developmental stage? using excessive or lethal force SECTION IX sexual assault/rape sexual harassment Do your local or state educational policies/practices violate the law or create mistrust among communities of color? domestic violence committing a hate crime Is there a pattern of violation of the First Amendment? child abuse/neglect/endangerment Is there a pattern of violation of the Fourth Amendment? Does this data track the race, ethnicity and gender of Is there a pattern of use of excessive force? the teacher/administrator involved as well and the victim/ Do school practices and policies impose substantial survivor of the incident? barriers to the challenge or resolution of policy violations? Is any of this data disaggregated by race, ethnicity, and Does the school impose unduly harsh penalties for minor offenses? gender? Do the actions of the local school or school system impose Who has access to this data? a disparate impact on specific communities/demographics of race, ethnicity, gender, and/or religion (real or perceived)? SECTION VI Is there a history of discriminatory intent on the part of local Do your educational facilities have mounted video camera schools/ school systems/teachers/administrators? surveillance on the property? History of Fourth Amendment violations? History of other violations of state or federal laws or Classrooms? policies? Administrative offices? Does the use of administrative or teacher “discretion” Playgrounds? undermine community trust? Parking lots? What is the policy or practice related to complaints of teacher/administrator misconduct? Is there a failure to respond to complaints of teacher/ administrator misconduct? Is there a failure to impose appropriate penalties for teacher/administrator misconduct? Is there a lack of community involvement on the part of local schools and school systems; if so, does that lack of engagement coincide with community distrust? This form is intended to help communities identify patterns and practices of institutional and structural racism. For more information on racial profiling go to: http://cqrcengage.com/ywca/racialprofiling. If you are working to end racial profiling in your community and want to connect with YWCA USA you can email [email protected] Pub. 9/2015.
Recommended publications
  • Commission Internationale De Juristes Mission
    Commission internationale de juristes Mission La Commission internationale de juristes est consacree a la primaute, a la coherence et a l'application du droit international et des principes qui font progresser les droits de l'Homme. La Commission internationale de juristes (CIJ) se distingue par l'impartialite, l'objectivite et l'approche juridique faisant autorite qu'elle applique a la protec­ tion et a la promotion des droits de l'Homme par le biais du respect de la preeminence du droit. La CIJ fournit des services d'experts juridiques aux niveaux national et interna­ tional afin de garantir que le developpement du droit international reste fidele aux principes des droits de l'Homme et que les normes internationales soient mises en oeuvre au plan national. La Commission, creee a Berlin en 1952, est composee de 60 juristes eminents qui representent les divers systemes juridiques du monde. II incombe au Secretariat international, base a Geneve, de realiser les buts et objectifs de la Commission. Pour s'acquitter de cette tache, le Secretariat international beneficie d'un reseau de sections nationales autonomes et d'organisations affiliees implantees sur tous les continents. Parmi les distinctions decernees a la CIJ en hommage aux contributions qu'elle a apportees a la promotion et a la protection des droits de l'Homme figurent le premier Prix europeen des droits de l'Homme attribue par le Conseil de l'Europe, le Prix Wateler pour la paix, le Prix Erasme et le Prix des Nations Unies pour les droits de l'Homme. Commission internationale de juristes Case postale 216 - 81 A, avenue de Chatelaine CH - 1219 Chatelaine / Geneve - Suisse Tel: (+41 22) 979 38 00 Fax: (+41 22) 979 38 01 E-Mail: [email protected] Site web: www.icj.org ELEMENTS FOR A GENERAL RECOMMENDATION ON RACIAL DISCRIMINATION IN THE ADMINISTRATION OF JUSTICE TABLE OF CONTENTS I ntroduction.................................................................................................................................................................................................
    [Show full text]
  • Don't Shoot: Race-Based Trauma and Police Brutality Leah Metzger
    Taylor University Pillars at Taylor University Orphans and Vulnerable Children Student Orphans and Vulnerable Children Scholarship Spring 2019 Don't Shoot: Race-Based Trauma and Police Brutality Leah Metzger Follow this and additional works at: https://pillars.taylor.edu/ovc-student Part of the Child Psychology Commons, Higher Education Commons, and the Social Welfare Commons Running head: DON’T SHOOT 1 Don’t Shoot: Race-Based Trauma and Police Brutality Leah Metzger Taylor University DON’T SHOOT 2 Introduction With the growing conversation on police brutality against black Americans, there is an increasing need to understand the consequences this has on black children. Research is now showing that children and adults can experience race-based trauma, which can have profound effects on psychological and physical well-being, and can also impact communities as a whole. The threat and experience of police brutality and discrimination can be experienced individually or vicariously, and traumatic symptoms can vary depending on the individual. Children are especially vulnerable to the psychological and physical effects of police brutality and the threat thereof because of their developmental stages. Definitions and prevalence of police brutality will be discussed, as well as race based trauma, the effects of this trauma, and the impact on communities as a whole. Police Brutality Definitions Ambiguity surrounds the discussion on police brutality, leaving it difficult for many to establish what it actually is. For the purpose of this paper, police brutality is defined as, “a civil rights violation that occurs when a police officer acts with excessive force by using an amount of force with regards to a civilian that is more than necessary” (U.S.
    [Show full text]
  • 1 Racial Profiling and Street-Level Crime the National Significance Of
    Racial Profiling and Street-level Crime The national significance of the Trayvon Martin case has ignited a heated discussion about bias and racial profiling in this country. The prologue for this conversation was established in communities across the country where racial profiling by law enforcement has been commonplace for years. Notwithstanding the fact that racial profiling is unconstitutional, and despite the emphatic declaration from the federal government that the practice is “invidious,” “wrong,” “ineffective,” and “harmful to our rich and diverse democracy,” quantitative and qualitative evidence collected at the federal, state, and local levels confirms that racial profiling persists. Empirical evidence confirms the existence of racial profiling on America’s roadways and that police actions taken during traffic stops are not uniform across race and ethnicity. The U.S. Department of Labor’s Bureau of Justice Statistics reports that for the year 2005: • Black drivers (4.5 percent) were twice as likely as White drivers (2.1 percent) to be arrested during a traffic stop, while Hispanic drivers (65 percent) were more likely than White (56.2 percent) or Black (55.8 percent) drivers to receive a ticket. • In addition, Whites (9.7 percent) were more likely than Hispanics (5.9 percent) to receive a written warning, while Whites (18.6 percent) were more likely than Blacks (13.7 percent) to be verbally warned by police. • Black (9.5 percent) and Hispanic (8.8 percent) motorists stopped by police were searched at higher rates than Whites (3.6 percent). Quantitative evidence reported in several states confirms this nationwide data. • A study in Arizona shows that during 2006–2007, the state highway patrol was significantly more likely to stop African Americans and Hispanics than Whites on all the highways studied, while Native Americans and persons of Middle Eastern descent were more likely to be stopped on nearly all the highways studied.
    [Show full text]
  • Race and the Fourth Amendment.Pdf
    RACIAL PROFILING AND THE FOURTH AMENDMENT Juval O. Scott Attorney Advisor Office of Defender Services Training Division Washington, D.C. I. Introduction “The erosion of Fourth Amendment liberties comes not in dramatic leaps but in small steps, in decisions that seem “fact- bound,” case specific, and almost routine at first blush. Taken together, though, these steps can have broader implications for the constitutional rights of law-abiding citizens.”1 It seems as though one can barely turn on the nightly news without learning of yet another heartbreaking tale of a person dying at the hands of law enforcement officers. The face of the deceased is disproportionality black and/or brown. Of course this phenomenon is not new—these days it is simply caught on camera and disseminated via mass and social media for all to consume. While there are differing views on how these matters should be handled and what they mean for society as a whole, there is no question that having these issues surrounding race and the Fourth Amendment discussed openly means it is time for criminal defense attorneys to dig in and fight for change in our system. Specifically, we must address racial profiling and its impact on our clients articulating how the life experience, both individual and collective, our clients endure must be factored in to the court’s Fourth Amendment analysis. 1 United States v. Tinnie, 629 F.3d 749, 754 (7th Cir. 2011)(HAMILTON, dissenting). 1 001 This session will delve into the standards set forth by the United States Supreme Court and how we can use those standards to combat seizures that run afoul of the Fourth Amendment.
    [Show full text]
  • Racial Profiling Studies in Law Enforcement: Issues and Methodology
    INFORMATION BRIEF Minnesota House of Representatives Research Department 600 State Office Building St. Paul, MN 55155 June 2000 Jim Cleary,* Legislative Analyst 651-296-5053 Racial Profiling Studies in Law Enforcement: Issues and Methodology 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. Contents Page Introduction...............................................................3 Part I: Issues Relating to Racial Profiling Studies................................5 Competing Definitions of “Racial Profiling”..................................5 Varying Viewpoints on Racial Profiling.....................................7 Critique of the “Rational Discrimination” Basis for Racial Profiling: Circular Reasoning..........................................12 Levels of Police Discretion: An Important Distinction.........................13 Broken Windows vs. Community Policing: The Context of Racial Profiling Studies...................................................14 Race Data Collection Practices Among the States............................16 Possible Behavioral Responses to Racial Profiling Studies......................19 *For legal questions about racial profiling, please contact legislative analyst Judith Zollar, 651-296-1554. This publication can be made available in alternative formats upon request.
    [Show full text]
  • BORN SUSPECT: Stop-And-Frisk Abuses & the Continued Fight to End Racial Profiling in America
    September 2014 1 Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America NAACP’s groundbreaking report opens a renewed dialogue about racial profiling by law enforcement in America. This conversation includes a call to action for NAACP members to work toward ending this ineffective policing practice across the country. www.naacp.org BORN SUSPECT: Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America Cornell William Brooks Roslyn M. Brock President and Chief Executive Officer Chairman, National Board of Directors Barbara Bolling-Williams Criminal Justice Committee Chairman, National Board of Directors President, NAACP Indiana State Conference September 2014 First Edition BORN SUSPECT: Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America I BORN SUSPECT: Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America III BORN SUSPECT: Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America Mr. Gary L. Bledsoe, Esq., President, Texas NAACP State Conference; NAACP National Board Member Region VI Ms. Barbara Bolling-Williams, Esq., Chair, NAACP Criminal Justice Committee; President, NAACP Indiana State Conference; NAACP National Board Member Region VI Mr. Dedric Doolin, NAACP National Board Member Region IV 1V Minister Edward O. Dubose, NAACP National Board Member Region V Mr. Scot X. Esdaile, President, NAACP Connecticut State Conference; NAACP National Board Member Region II Mr. James Gallman Sr., NAACP National Board Member Region V Mr. John R. Grant, Jr., Retired Staff Sgt., Air Force, Purple Heart Veteran; Chair, NAACP Veterans Affairs Committee, Harrisburg, PA Region II Ms. Alice A.
    [Show full text]
  • Un-American Racial and Dangerous Profiling
    racial_prof_lett_black 2/20/04 1:05 PM Page 1 aclu.org KEEP AMERICA SAFE AND FREE AND SAFE AMERICA KEEP Act now because freedom can’t protect itself! protect can’t freedom because now Act Bring together a local coalition to lobby your members of Congress for the act. act. the for Congress of members your lobby to coalition local a together Bring ◆ and vote for the End Racial Profiling Act. Act. Profiling Racial End the for vote and ell them you are concerned about racial profiling and want them to cosponsor to them want and profiling racial about concerned are you them ell T Get active at www.aclu.org/action. Call, write or fax your members of Congress. of members your fax or write Call, www.aclu.org/action. at active Get ◆ Visit www.aclu.org/racialprofiling to learn more. learn to www.aclu.org/racialprofiling Visit ◆ Here’s how you can help pass this landmark civil rights bill: rights civil landmark this pass help can you how Here’s end racial profiling, Congress must pass the End Racial Profiling Act. Act. Profiling Racial End the pass must Congress profiling, racial end To OU CAN HELP… CAN OU Y Racial Profiling: Un-American and Dangerous Admit it. When you’re driving along the highway and see a patrol car, you slow down—whether you’re speeding or not. It’s just instinct, you see the top of a police car in the rear view mirror and you’re compelled to glance down at the speedometer for that compulsory moment of "Our lives panic.
    [Show full text]
  • Why Racial Profiling Is Wrong
    Saint Louis University Public Law Review Volume 18 Number 2 Civil Rights in the Next Millennium Article 4 (Vol. XVIII, No.2) 1999 Any Way You Slice It: Why Racial Profiling is rW ong Reginald T. Shuford American Civil Liberties Union Foundation Follow this and additional works at: https://scholarship.law.slu.edu/plr Part of the Law Commons Recommended Citation Shuford, Reginald T. (1999) "Any Way You Slice It: Why Racial Profiling is rW ong," Saint Louis University Public Law Review: Vol. 18 : No. 2 , Article 4. Available at: https://scholarship.law.slu.edu/plr/vol18/iss2/4 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Public Law Review by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW ANY WAY YOU SLICE IT: WHY RACIAL PROFILING IS WRONG REGINALD T. SHUFORD* INTRODUCTION It has been said that in life but two things are certain: death and taxes.1 If you are a young African-American or Latino male, however, there is an additional certainty: At some point during your lifetime, you will be harassed by the police.2 Racially motivated police harassment, vis-a-vis racial profiling, is as American as baseball and apple pie. And it has been around, in some form or fashion, for most of America’s history.3 Racial profiling happens to consumers and pedestrians, on planes, trains, and automobiles. There is driving while black (or brown), flying while black, walking while black, shopping while black, hailing (as in a cab) while black, swimming while black (six African-American youths accused of stealing a cell phone and beeper at a public pool in Michigan) and dining while black (think Miami, where a tip was automatically added to the bill of a black patron, on the assumption that blacks are poor tippers), to name a few.
    [Show full text]
  • Police Violence Against Afro-Descendants in the United States
    Cover Art Concept This IACHR report concludes that the United States has systematically failed to adopt preventive measures and to train its police forces to perform their duties in an appropriate fashion. This has led to the frequent use of force based on racial bias and prejudice and tends to result in unjustified killings of African Americans. This systematic failure is represented on the cover of the report by a tombstone in the bullseye of a shooting range target, which evokes the path of police violence from training through to these tragic outcomes. The target is surrounded by hands: hands in the air trying to stop the bullet, hands asking for help because of the danger that police officers represent in certain situations, and hands expressing suffering and pain over the unjustified loss of human lives. Cover design: Pigmalión / IACHR OEA/Ser.L/V/II. Doc. 156 26 November 2018 Original: English INTER-AMERICAN COMMISSION ON HUMAN RIGHTS African Americans, Police Use of Force, and Human Rights in the United States 2018 iachr.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. African Americans, police use of force, and human rights in the United States : Approved by the Inter-American Commission on Human Rights on November 26, 2018. p. ; cm. (OAS. Official records ; OEA/Ser.L) ISBN 978-0-8270-6823-0 1. Human rights. 2. Police misconduct--United States. 3. Race discrimination-- United States. 4. African Americans--Civil rights. 5. Racism--United States. I. Title. II. Series. OEA/Ser.L/V/II. Doc.156/18 INTER-AMERICAN
    [Show full text]
  • D4.5 Surveillance the Moral Presumption Of
    FP7-SEC-2011-284725 SURVEILLE Surveillance: Ethical Issues, Legal Limitations, and Efficiency Collaborative Project SURVEILLE Deliverable 4.5: Surveillance, the moral presumption of innocence, the right to be free from criminal stigmatisation and trust Due date of deliverable: 30.09.2013 Actual submission date: 30.09.2013 Start date of project: 1.2.2012 Duration: 39 months SURVEILLE WorK PacKage number and lead: WP04 Prof. Martin Scheinin (EUI) Author: Katerina Hadjimatheou (UW) 1 Table of Contents 1. Introduction 2. The presumption of innocence as the right to be free from stigmatisation 2.1 The harms of stigmatisation 2.2 Justifying the harms of stigmatisation 2.2.1 Surveillance, stigmatisation, and profiling 2.2.2 Surveillance, stigmatisation, and pre-suspects 3. The presumption of innocence and trust 3.1 Surveillance and the right to be trusted 3.2 Trust, preventive surveillance, and the burden of proof 3.3 The impact of surveillance on trust as a social good 4. Conclusion 2 Executive Summary 1. Surveillance stigmatises people as criminal when it marKs people out as potentially having failed to uphold or being thought liKely to fail to uphold the criminal law. 2. The harms of being stigmatised as criminally suspicious include: humiliation; alienation from wider community; mistrust of and reduced willingness to cooperate with surveilling authorities; reduced security for society as a result of this reduced willingness to cooperate; increased risK of exposure to greater risKs of discrimination and social exclusion by others; reduced equality, social cohesion, and policing legitimacy as a result of the former costs; and an increased risK of exposure to future measures of suspicion by police.
    [Show full text]
  • Using a Ratio Test to Estimate Racial Differences in Wrongful Conviction Rates
    Using a Ratio Test to Estimate Racial Differences in Wrongful Conviction Rates David Bjerk Claremont McKenna College Eric Helland Claremont McKenna College April 2016 Abstract: Under the assumption that the likelihood of exoneration for a wrongfully convicted white defendant is equal to or greater than the likelihood of exoneration for a wrongfully convicted black defendant, we show that the expected value of the ratio of the exoneration rate for white convicts relative to the exoneration rate for black convicts convicted in the same year for the same crime provides an upper bound on the ratio of the wrongful conviction rate for whites relative to blacks for that crime. Our estimates of this statistic using exoneration and conviction data from 1986-2006 reveal that the wrongful conviction rate for sexual assault among black defendants is at least three times higher than it is for white defendants. Our estimates for murder are inconclusive. Keywords: Wrongful convictions; Racial Bias; Judicial Bias; Exonerations; DNA Evidence *Thanks to Joanna Hardin, Yaron Raviv, Eric Hughson, and James Anderson for helpful comments on this project. I - Introduction A widely agreed upon principle of a just criminal justice system is that it does not systematically treat individuals differentially based on personal characteristics such as race. This in turn has lead researchers to consider whether particular justice systems, such as that of the United States, are racially biased. To date, these studies have focused primarily on evaluating racial bias with respect policing and sentencing, but there have been very few credible attempts at estimating whether the justice system in the United States leads to racially biased outcomes with respect to wrongful convictions.
    [Show full text]
  • The Presumption of Innocence and Its Role in the Criminal Process
    Criminal Law Forum (2016) 27:131–158 Ó The Author(s). This article is published with open access at Springerlink.com 2016 DOI 10.1007/s10609-016-9281-8 PAMELA R. FERGUSON* THE PRESUMPTION OF INNOCENCE AND ITS ROLE IN THE CRIMINAL PROCESS ABSTRACT. Many international instruments proclaim that those who face crimi- nal prosecution ought to be afforded a ‘presumption of innocence’, and the impor- tance and central role of this presumption is recognized by legal systems throughout the world. There is, however, little agreement about its meaning and extent of application. This article considers the purposes of legal presumptions in general and explores various, sometimes contradictory, conceptions of this most famous one. It is equated by many scholars to the requirement that the prosecution prove guilt beyond a reasonable doubt. As such, it is merely a rule of evidence (albeit an important one), with no application pre- or post-trial. The article advocates adoption of a broader, normative approach, namely that the presumption reflects the relationship which ought to exist between citizen and State when a citizen is suspected of breaching the criminal law. As such, it should be promoted as a practical attitude to be adopted by the key protagonists in the justice system, for the duration of the criminal process. I INTRODUCTION In August 2014 the Mayor of London suggested that UK criminal law be amended to deal with the dangers posed by the jihadist group ‘Islamic State’ (ISIS). In relation to British citizens who travel to certain ‘war areas’ such as Syria and Iraq: ‘The law needs a swift and minor change so that there is a ‘‘rebuttable presumption’’ that all those visiting war areas without notifying the [UK] authorities have done so for a terrorist purpose.’1 In response to such calls for a ‘presumption of guilt’, recourse is often had to the rhetoric of the ‘presumption of innocence’, yet there is rarely any attempt to artic- ulate what this means, or why such a presumption should operate * Professor of Scots Law at University of Dundee, Scotland, UK.
    [Show full text]