Stop and Search: Evaluating Bias in Criminal Justice System

This essay critically analyzes the practice of stop and search in the UK, focusing on the issue of racial profiling and its implications within the criminal justice system. The essay begins by defining ethnic profiling and highlighting its discriminatory nature, referencing cases where individuals are targeted based on their ethnicity or race. It explores the historical roots of this bias, tracing it back to periods of widespread discrimination and slavery. The essay then delves into the perspectives of various organizations and scholars, including the Commissioner for Human Rights and David Lammy, to present statistical data and evidence of the disproportionate impact of stop and search on minority groups, particularly black individuals. The essay also discusses the limitations of current measures and calls for firm steps to remove discrimination and rebuild trust between communities and law enforcement. The analysis incorporates various academic sources, including reports, studies, and articles from reputable publications, to support its arguments and provide a comprehensive overview of the issue.

Stop and Search
Student Credentials
University
30th December 2019

Stop and Search
 Racial profiling or ethnic profiling of an individual is
when people from a particular community are targeted
and upon a suspicion just based upon an individual’s
ethnicity or race is stopped and searched
(Commissioner for Human Rights, 2019).
 Though it is a necessary law or authority so as to
provide timely information in certain cases, there have
been several cases where this law is misused by the
authorities.

Why does this discrimination exist?
 As per the data collected by various leading
organizations, this ethnic profiling dates back to the
time when discrimination was quite prevalent. Where
people who were white were considered superior to
other minorities and slavery was quite common. Police
was provided authority to stop slaves if doubtful at any
checkpoint in order to search(Balko, 2019).

Overcoming this biasness
 Police officers are meant to protect people and not
harass them. There have been major changes made in
the past and institutions that tend to such issues have
brought a huge change, but, that is not enough.
 Though there have been certain trainings and sessions
or conferences held just to make the involved officers
aware of what they must and must not do, which has
also helped with the situations to a certain extent
(United Nations, 2019).

 Europe and America are two super powers of the world, where people
come with a hope in their minds that they can turn their lives around.
People from different backgrounds and various ethnicities gather and
help each other grow (Rocheleau & Chavez, 2015).
 Being minorities in these major countries has led people become
conscious about their existence, and when they are not even being
trusted by the authorities’ makes things difficult for them to survive.
Labelling a certain individuals or race based upon what a certain bunch
of people did is not what should be done in these cases (Rocque, 2010).
 Labelling theory or Critical Race theory both are sometimes used so as
to identify certain group of people based upon their colour or religion
they practice. Every individual is different in its own way and its not
necessary that one “black person” did something wrong then the other
will also do so. It totally depends upon the circumstance or situation at
that time (Wiley, et al., 2013).

Data and Studies
 As per an article in the leading newspaper, The Guardian, written by David
Lammy, the research made by him states that there is a high possibility of
a black man being stopped and searched as compared to any other
individual or a person of different colour.
 According to Lammy a black man is eight times more prone to being
stopped without reason or proper suspicion just on the basis of his skin
colour. This discrimination or better called ethnic profiling has been going
on from years (Lammy, 2018).
 Though the country’s website talk about such cases being very low or
reduced through these years (Gov.UK, 2019). But, the statistics by certain
newspapers tell a very drastic and different story (Dodd, 2019).
 Which states, that the number are still quite high and there is an urgent
need for the government to take firm steps to remove discrimination which
is creating distrust amongst people as far as authorities are concerned.

Bibliography
 Balko, R., 2019. There’s overwhelming evidence that the criminal-justice system is racist. Here’s
the proof.. [Online] Available at:
https://www.washingtonpost.com/news/opinions/wp/2018/09/18/theres-overwhelming-evidence-th
at-the-criminal-justice-system-is-racist-heres-the-proof/
[Accessed 30 December 2019].
 Commissioner for Human Rights, 2019. Ethnic profiling: a persisting practice in Europe. [Online]
Available at:
https://www.coe.int/en/web/commissioner/-/ethnic-profiling-a-persisting-practice-in-europe
[Accessed 30 December 2019].
 Dodd, V., 2019. Met police 'disproportionately' use stop and search powers on black people.
[Online] Available at:
https://www.theguardian.com/law/2019/jan/26/met-police-disproportionately-use-stop-and-search-
powers-on-black-people
[Accessed 30 December 2019].
 Edmonds, D., 2017. Does profiling make sense - or is it unfair?. [Online] Available at:
https://www.bbc.com/news/stories-42328764 [Accessed 30 December 2019].
 European Union Agency for Fundamental Rights, 2010. Towards More Effective Policing
Understanding and Preventing Discriminatory Ethnic Profiling. [Online] Available at:
https://fra.europa.eu/sites/default/files/fra_uploads/1133-Guide-ethnic-profiling_EN.pdf [Accessed
30 December 2019].

 Gov.UK, 2019. Stop and search. [Online] Available at:
https://www.ethnicity-facts-figures.service.gov.uk/crime-justice-and-the-law/policin
g/stop-and-search/latest
[Accessed 31 December 2019].
 Lammy, D., 2018. Stop and search is inherently unfair, unjust and ineffectual.
[Online] Available at:
https://www.theguardian.com/law/2018/oct/13/stop-and-search-is-unjust-unfair-ine
ffectual-david-lammy
[Accessed 30 December 2019].
 Rocheleau, G. & Chavez, J., 2015. Guilt by association: The relationship between
deviant peers and deviant labels. Deviant Behavior, 36(3), pp. 167-186.
 Rocque, M., 2010. Office discipline and student behavior: Does race matter?.
American Journal of Education, 116(4), pp. 557-581.
 United Nations, 2019. Preventing and Countering Racial Profiling of People of
African Descent. [Online] Available at:
https://www.un.org/en/events/africandescentdecade/assets/pdf/PreventRacialProfil
ing-EN.pdf
[Accessed 30 December 2019].
 Wiley, S., Slocum, L. & Esbensen, F., 2013. The unintended consequences of being
stopped or arrested: An exploration of the labeling mechanisms through which
police contact leads to subsequent delinquency. Criminology, 51(4), pp. 927-966.