-Caveat Lector-

Clinton's Racial Policy Profile
Editorial
June 1999

by: Lucas Morel



Police have recently come under fire for using �racial profiles� when
questioning individuals suspected of committing a crime. And with Governor
Christine Todd Whitman acknowledging that some New Jersey state troopers
have been stopping motorists simply on the basis of their race, racial
discrimination in law enforcement has become a national priority.
Unfortunately, a recent executive order signed by President Clinton not only
fails to solve the problem, it exacerbates the government's preoccupation
with the race of American citizens.

Clinton announced that agents of the Treasury, Justice, and Transportation
Departments must soon report the race (and gender) of individuals they
question or arrest. These agencies have four months to devise proposals for
monitoring the racial make-up of their respective constituencies. The
president also urged states and cities to follow suit.

All will agree that DWB or �Driving While Black� should not increase the
likelihood of one's being pulled over for questioning. But monitoring the
race of individuals with whom law enforcement agencies interact is both the
wrong means and leads to the wrong end with regards to eliminating racism.

For starters, what would the government do with these statistics? Let's say
that blacks, which make up 13% of the national population, are questioned in
70% of all arrests made in a given year. Is this evidence of racial
discrimination? Any number of reasons could explain the disparity, regional
demographics being the most likely explanation. Allowing government to keep
track of the racial composition of citizens teaches our rulers that a
citizen's membership in this or that sub-group of Americans is more
important than his or her rights as an individual. And it's the individual,
not his or her racial group that should remain the focus of government's
protection.

But in the fight against racial profiling, protecting the rights of the
individual is replaced by a concern that a particular group not be subjected
to disproportionate questioning or too many arrests. A judge recently threw
out a case not because there was insufficient evidence to convict, but on
the grounds that the accused was a member of a racial group that was
disproportionately singled out for questioning! How does that secure justice
for the victim in that case, or future victims of crimes?

Ultimately, a reliance on statistical disparities in law enforcement would
lead to a categorical prohibition of racial identification in law
enforcement. This would make apprehension of criminal suspects more
difficult, and therefore the last thing racial minorities should ask
for�especially those living in communities unable to control the
intimidation and violence of rogue elements. If a person falls victim to a
crime, should he not tell a police officer every characteristic of the
assailant that could aid in his capture? Is not race a telling detail that
could narrow down the number of innocent citizens who would be questioned by
the police in pursuit of the perpetrator?

For now, at least, Clinton's crackdown on racial profiling would apply
primarily to immigration and customs officials and patrolmen in national
parks. Down the road, though, this policy would lead to a dependence on
aggregate statistics as prima facie evidence that a particular agency has
violated the civil rights of this or that minority group. Following the bad
example of affirmative action, this would lead to the remedial use of racial
goals, targets, or quotas in law enforcement, where the most likely
beneficiary would be criminals who happen to be members of a racial group
disproportionately targeted for apprehension. But crime has always been an
equal opportunity employer. It doesn't need the federal government to ensure
the right mix of colors among the criminal element apprehended in our
communities.

For the federal government to monitor the race of those questioned by law
enforcement officials would constitute yet another intrusion on the lives of
citizens whose race takes on more significance than their individual rights.
If affirmative action has taught us anything these past thirty years, it is
the futility of using racial discrimination to reduce racial discrimination.

So, if government really wants people to stop paying attention to race, it
should stop doing so itself. It would then stand a better chance of
protecting the rights of every citizen, making �civil rights� the preserve
not only of minority citizens but a blessing to be secured for all
Americans.

Lucas Morel is an adjunct fellow at the Ashbrook Center for Public Affairs
at Ashland University and an assistant professor of Political Science and
History at John Brown University in siloam Springs, Arkansas.


John M. Ashbrook Center for Public Affairs
Ashland University
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http://www.ashbrook.org/publicat/oped/morel/99/clintonracialpolicy.html

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