U.S. experiences with racial and ethnic profiling: history, current issues, and the future

The issue of racial and ethnic bias in policing has been the focus of legal and criminal justice scholarship, court action, and public debate in the U.S. for a number of years. The issue has also been prominent in criminal justice scholarship, public discussion, and policy making in other countries, particularly the U.K., for an even longer period. This article surveys the history of the issue in the U.S. and attempts to give scholars and policy makers the benefit of the insights gained through the U.S. experience in handling the issue. Among these are the importance of the empirical question of the “hit rate” and how police use of race or ethnicity as a criterion changes it, and the difficulties of dealing with the thorny benchmarking issue. The article also discusses how advocates in the U.S. have attempted to meet and overcome arguments that police and their supporters have made in an attempt to minimize the problem or justify doing little or nothing about it.     

The "new" genetics: emerging medicolegal issues in the prenatal issues in the prenatal diagnosis of hereditary disorders.

Major advances in prenatal genetic diagnosis have occurred in the past few years which pose difficult challenges to the law. This paper raises questions relative to family history taking, genetic counseling, carrier detection, amniocentesis, and prenatal genetic studies, and also raises questions with respect to the rights and responsibilities of the patient, the fetus, the physician, and society in light of such modern advances. Law reform often occurs only after prior harm to an individual, family or group. Perception and delineation of the most important issues in this area should serve to stimulate the development of medicolegal guidelines and corrective legislation prior to the occurrence of a genetic tragedy.     

The intersection of racial profiling research and the law

There has been a significant increase in the litigation of selective enforcement cases based on racial profiling claims. This trend has resulted in two legal issues that are problematic for racial profiling research. First, selective enforcement claims that rely on statistical evidence must successfully measure “similarly situated persons” who were eligible for police stops to provide a comparison against those actually stopped by police. Second, the research must demonstrate “how much” statistical evidence of racial/ethnic disparities exists. Although these legal components are necessary for successful selective enforcement claims, the methodologies and statistical analyses currently used in racial profiling research cannot adequately address these issues. It is argued that the over-reliance on social science research, in general, and statistical techniques, specifically, to provide evidence of discrimination in selective enforcement cases places policing research and legal decision making at a crossroads.     

The false memory syndrome: Clinical/legal issues for the prosecution

Early trauma, especially alleged recollected sexual or ritualistic abuse, has dominated both the clinical and legal systems recently. The clinical/legal challenge is to discern between true abuse and false memories. Modern medical technology has provided new insights into the operation of the brain along with the central and peripheral nervous systems and their relationship to the endocrine system. We now have a better understanding of how our system processes trauma and severe anxiety. An understanding of trauma recollection and client's susceptibility to causal suggestions from the neuropsychological perspective is crucial when these types of abuses are alleged.     

Reporting recidivism rates: The criterion and follow-up issues

Although the topic of recidivism invariably elicits much interest, there appears to be considerable conflict and uncertainty as to even crude estimates of the recidivism rate for persons released from prison. The purpose of this research was to examine the extent to which this apparent confusion may be explained by different methodological choices of criterion measure or length of follow-up. Through the cooperation of the Federal Bureau of Investigation, rap sheet follow-up information for a six-year period was obtained for a relatively large random sample of federal prisoners released in 1970. This data enabled calculation of recidivism rates using various criterion measures and follow-up periods applied to the same sample. The effect of varying these definitions on the recidivism rate obtained can then be directly observed.     

The application of the transtheoretical model to offender populations: Some critical issues

Purpose. Over the past two decades, the transtheoretical model (TTM) of change has become perhaps the most widely used model of behaviour change in the treatment of addictive and/or problem behaviours. More recently, the stages of change component of the TTM has been adopted for use in forensic settings. This paper aims to review the application of the TTM model to offender populations. Arguments. The application of the TTM to offenders raises a number of issues regarding the process of behaviour change for offenders attending treatment programmes. It is argued that while the TTM has been designed to account for high frequency behaviour (e.g. smoking, alcohol misuse), offending behaviour may be less frequent and the process of change less cyclical. Moreover, it is suggested that the most important issue in a treatment context is the proper integration of the TTM constructs. There have been few empirical tests of this aspect of the model. Conclusion. While the TTM may have some value in explaining how rehabilitation programmes help offenders to change their behaviour, the stages of change construct is, by itself, unlikely to adequately explain the process by which offenders desist from offending.     

The routine profiling of forensic heroin samples

A method for the routine profiling of illicit heroin samples received in casework has been developed which depends on simple and straightforward sample pretreatment, followed by gas chromatography on a capillary column using flame-ionization detection. The factors affecting the choice of each aspect of the procedure are discussed, as are the statistical data for sampling and the chromatography. Components of illicit heroin derived from opium and other adulterants have been identified. The significance of data from samples examined in 1986 is discussed.     

Race and place: The ecology of racial profiling African American motorists

We propose an ecological dimension to racial profiling by comparing the distribution of drivers on the roadways with officers' proactive surveillance and stop behavior in a predominantly white suburban community bordering a predominantly African American community. African Americans are subject to significant racial profiling, as reflected in disproportionate surveillance and stopping by the police when driving through whiter areas. Officers' behavior is not explained by African Americans' criminality because the “hit rates” for African American drivers are lower in white areas. Profiling is sensitive to race and place and manifests itself organizationally, reflecting community patterns of residential segregation.     

The effect of chilling, freezing, and rewarming on the postmortem chemistry of vitreous humor

The effect of chilling at the time of death on the postmortem chemistry of the vitreous humor was studied by using sheep heads obtained immediately following decapitation. One group of heads was kept at room temperature, while the remainder were chilled on ice or in ice water, then refrigerated or frozen. Vitreous humor specimens were taken at intervals over a 48-h period. Chilling inhibited the fall in the glucose concentration and the total carbon dioxide content and lessened the increase in lactic acid, compared to the room temperature group. Rapid glycolysis resumed when the heads rewarmed to room temperature starting at 6-h postmortem, but did not resume at later points. The rate of rise of the potassium and magnesium concentrations was also diminished in the chilled eyes. Freezing and thawing caused an abrupt increase in the potassium and magnesium levels, but other solutes were unaffected.