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The intersection of racial profiling research and the law

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  • Tillyer, Rob
  • Engel, Robin S.
  • Wooldredge, John

Abstract

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.

Suggested Citation

  • Tillyer, Rob & Engel, Robin S. & Wooldredge, John, 2008. "The intersection of racial profiling research and the law," Journal of Criminal Justice, Elsevier, vol. 36(2), pages 138-153, May.
    • Handle: RePEc:eee:jcjust:v:36:y::i:2:p:138-153
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    References listed on IDEAS

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    1. John Knowles & Nicola Persico & Petra Todd, 2001. "Racial Bias in Motor Vehicle Searches: Theory and Evidence," Journal of Political Economy, University of Chicago Press, vol. 109(1), pages 203-232, February.
    2. Campos-Outcalt, D. & Prybylski, D. & Watkins, A.J. & Rothfus, G. & Dellapenna, A., 1997. "Motor-vehicle crash fatalities among American Indians and non-Indians in Arizona, 1979 through 1988," American Journal of Public Health, American Public Health Association, vol. 87(2), pages 282-285.
    3. Riksheim, Eric C. & Chermak, Steven M., 1993. "Causes of police behavior revisited," Journal of Criminal Justice, Elsevier, vol. 21(4), pages 353-382.
    4. Engel, Robin S. & Johnson, Richard, 2006. "Toward a better understanding of racial and ethnic disparities in search and seizure rates," Journal of Criminal Justice, Elsevier, vol. 34(6), pages 605-617.
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    1. Tillyer, Rob & Hartley, Richard D., 2010. "Driving racial profiling research forward: Learning lessons from sentencing research," Journal of Criminal Justice, Elsevier, vol. 38(4), pages 657-665, July.
    2. Tillyer, Rob & Engel, Robin S., 2012. "Racial differences in speeding patterns: Exploring the differential offending hypothesis," Journal of Criminal Justice, Elsevier, vol. 40(4), pages 285-295.

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