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Criminal Profiling vs. Bias-‐Based Profiling, Study notes of Law

Newcastle CollegeLaw

prohibits bias-‐based profiling in traffic contacts, field contacts, and in asset seizure and forfeiture efforts. The manner in which our police officers go ...

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

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Criminal(Profiling(vs.(Bias1Based(Profiling(
The$Critical$Difference$
(
Pursuing(criminals(and(protecting(rights(–(a(delicate(balance.(!A!fundamental!
right!guaranteed!by!the!Constitution!of!the!United!States!to!all!who!live!in!this!
nation!is!to!the!equal!protection!under!the!law.!!Along!with!this!right!to!equal!
protection!is!the!fundamental!right!to!be!free!from!unreasonable!searches!and!
seizures!by!government!agents.!!Citizens!are!free!to!walk!and!drive!our!streets,!
highways,!and!other!public!places!without!police!interference!so!long!as!they!
obey!the!law.!!They!also!are!entitled!to!be!free!from!crime,!and!from!the!
depredations!of!criminals,!and!to!drive!and!walk!our!public!ways!safe!from!the!
actions!of!reckless!and!careless!drivers.!!The!North!Miami!Beach!Police!
Department!is!charged!with!protecting!these!rights!for!all,!regardless!of!race,!
ethnic!background,!gender,!sexual!orientation,!religion,!economic!status,!age,!
cultural!group,!or!any!other!identifiable!group.!
!
Because!of!the!nature!of!their!business,!law!enforcement!officers!are!required!to!
be!observant,!to!identify!unusual!occurrences!and!law!violations,!and!to!act!upon!
them.!!It!is!this!proactive!enforcement!that!keeps!our!citizens!free!from!crime,!our!
streets!and!highways!safe!to!drive!upon,!and!that!detects!and!apprehends!
criminals.!!It!is!the!policy!of!the!North!Miami!Beach!Police!Department!to!patrol!
and!police!in!a!proactive!manner,!to!aggressively!investigate!suspicious!persons!
and!circumstances,!and!to!actively!enforce!the!motor!vehicle!laws,!while!insisting!
that!citizens!will!only!be!stopped!or!detained!when!there!exists!reasonable!
suspicion!to!believe!they!have!committed,!are!committing,!or!about!to!commit!an!
infraction!of!the!law.!!The(North(Miami(Beach(Police(Department(strictly(
prohibits(bias1based(profiling(in(traffic(contacts,(field(contacts,(and(in(asset(
seizure(and(forfeiture(efforts.((
(
The!manner!in!which!our!police!officers!go!about!identifying!potential!suspects!in!
the!commission!of!a!crime!is!crucial,!as!it!is!for!any!organization!that!places!a!
premium!on!the!right!of!the!individual.!!Based!on!their!training,!knowledge!and!
experience,!North!Miami!Beach!Police!Officers!contact!potential!suspect!based!on!
their!behavior!and!other!factors!that!provide!evidence!that!they!have!committed!
a!crime,!are!engaging!in!criminal!activity,!or!are!about!to!commit!a!crime.!!In!
conducting!criminal!investigations,!the!North!Miami!Beach!Police!Department!
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Criminal Profiling vs. Bias-­‐Based Profiling The Critical Difference Pursuing criminals and protecting rights – a delicate balance. A fundamental right guaranteed by the Constitution of the United States to all who live in this nation is to the equal protection under the law. Along with this right to equal protection is the fundamental right to be free from unreasonable searches and seizures by government agents. Citizens are free to walk and drive our streets, highways, and other public places without police interference so long as they obey the law. They also are entitled to be free from crime, and from the depredations of criminals, and to drive and walk our public ways safe from the actions of reckless and careless drivers. The North Miami Beach Police Department is charged with protecting these rights for all, regardless of race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group. Because of the nature of their business, law enforcement officers are required to be observant, to identify unusual occurrences and law violations, and to act upon them. It is this proactive enforcement that keeps our citizens free from crime, our streets and highways safe to drive upon, and that detects and apprehends criminals. It is the policy of the North Miami Beach Police Department to patrol and police in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce the motor vehicle laws, while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or about to commit an infraction of the law. The North Miami Beach Police Department strictly prohibits bias-­‐based profiling in traffic contacts, field contacts, and in asset seizure and forfeiture efforts. The manner in which our police officers go about identifying potential suspects in the commission of a crime is crucial, as it is for any organization that places a premium on the right of the individual. Based on their training, knowledge and experience, North Miami Beach Police Officers contact potential suspect based on their behavior and other factors that provide evidence that they have committed a crime, are engaging in criminal activity, or are about to commit a crime. In conducting criminal investigations, the North Miami Beach Police Department

uses accepted, legitimate and necessary investigative tools, including criminal profiling. Criminal profiling differs from and should not be confused with bias-­‐based profiling. One is an investigative tool; the other, a discriminatory practice. What is criminal profiling? Criminal profiling is a proven, effective way of speeding up an investigation. It involves scrutinizing facts and characteristics common to a specific kind of criminal activity, such as serial murder, or general criminal activity, such as drug trafficking. From these facts and characteristics, we may be able to identify a type of person, or group of people, upon which to focus our investigation. This can result in fewer suspects to consider and quicker resolution of the case. While criminal profiling can involve factor such as gender, race or ethnicity, such factors are just a few among many that police must look at in order to identify a suspect. Bias-­‐based profiling, on the other hand, is a discriminatory practice that occurs when:

  1. An officer, whether intentionally or unintentionally, applies personal, societal or organizational biases or stereotypes to making decisions or taking police action; and
  2. A person’s race, ethnicity, background, gender, sexual orientation, religion, economic status, age, culture or other personal characteristic is the ONLY reason for that decision or action. Discriminatory enforcement practices like bias based profiling rob citizens of their constitutionally protected right to equal protection under the law. Furthermore, the practice of bias-­‐based profiling alienates citizens, fosters distrust of the police, invites media scrutiny and can lead to serious legal consequences for any law enforcement agency that tolerates it. The North Miami Beach Police Department’s policy against bias-­‐based profiling is to:

a complaint, or discriminated against because they have filed such a complaint.

  • Any officer contacted by a person who wishes to file such a complaint, shall provide the citizen with a copy of a citizen complaint form which may be mailed or delivered in person to the police station, and shall record the person’s name, address.
  • All such complaints are reviewed by Internal Affairs / Chief of Police, the complaint is acknowledged to the complainant in writing, and the complainant is informed of the results of the department’s review within a reasonable period of time.
  • Complaints can be filed with an agency supervisor in person at the police station, or by calling the North Miami Beach Police Department nonemergency number (305) 949-­‐5500 and requesting a supervisor, or by mailing comments directly to the Chief of Police at 16901 NE 19 Avenue, North Miami Beach, Florida 33162. Chief@nmbpd.org