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Legislative and Court Decisions That Promulgated Racial Profiling

A Sociohistorical Perspective

Savannah State University, Georgia

Racial profiling is not confined to the illegal practices of targeting, questioning, and arresting minority group members by law enforcement officials because of their involvement in criminal activity; it is systemic and pervasive in private and public institutions. Other minority groups are racially profiled; however, this discussion focuses on racial profiling of African Americans. Specifically, this article provides a sociohistorical perspective of selected legislative and court decisions that promulgated racial profiling. The enforcement of these decisions was based on the degree of ethnic/racial visibility. Consequently, today's incidence of de facto racial profiling is the result of de jure practices.

Key Words: racial profiling • racial bias • judicial inequality • discriminatory legislation • racial discrimination and court policy • sociohistorical perspective of court and legislative decisions

Journal of Contemporary Criminal Justice, Vol. 23, No. 3, 263-275 (2007)
DOI: 10.1177/1043986207306869


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