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We Must Put an End to Racial Profiling in America

The tragic shooting death of Trayvon Martin has focused national attention on the need to make sure minority communities are protected from hate crimes and racial profiling.

Racial profiling—the targeting of individuals because of race, ethnic identity, national origin or religion—has no place in our nation. The recent, tragic and avoidable shooting death of Trayvon Martin, an unarmed African-American teenager in Florida, has focused national attention on the need to make sure minority communities are protected from hate crimes and racial profiling, a practice that is ineffective in crime prevention, undermines effective law enforcement, and erodes civil rights.

The 14th Amendment to the U.S. Constitution clearly states that “no State shall ... deny to any person within its jurisdiction the equal protection of the laws.” Last October, in keeping with the U.S. Constitution, I introduced legislation that would put an end to racial profiling and ensure that all Americans have “equal protection under the laws.”

My bill, the End Racial Profiling Act, S. 1670, would prohibit the use of racial profiling by federal, state or local law enforcement officials. It also would prohibit state and local law enforcement officials from using race as a factor in criminal investigations. It has the support of the NAACP, ACLU, the Rights Working Group and the Leadership Conference on Civil and Human Rights.

Racial profiling demonizes whole communities. Following the murder of Trayvon Martin, I met with members of Maryland’s faith and civil rights communities and heard about repeated incidents in which racial profiling has been used to target minorities for suspicion.

We must put an end to such targeting based on race or ethnic identity. I am pleased that the Civil Rights Division of the Department of Justice and the Federal Bureau of Investigation are investigating all the circumstances surrounding the shooting death of Trayvon Martin, including the investigation that was conducted by local authorities.

Maryland law enforcement has had problems with racial profiling. In the 1990s, the ACLU brought a class-action lawsuit against the Maryland State Police for illegally targeting African-American motorists for stops and searches along Maryland’s highways. The parties ultimately agreed that “the need to treat motorists of all races with respect, dignity and fairness under the law is fundamental to good police work and a just society … (and) that racial profiling is unlawful and undermines public safety …”

Racial profiling is not an effective policy and often saps scarce law enforcement resources that could be utilized more effectively. Minority communities—African Americans, Arabs, Muslims, Hispanic communities—know all too well the anger and frustration of being singled out because of their race, religion or ethnic origin. One of the major reasons racial profiling doesn’t work is because it corrodes public trust and makes it less likely that affected communities will voluntarily cooperate with law enforcement and community policing efforts.

It is time that we make clear that racial profiling has no place in law enforcement.

John Naughton April 2, 2012 at 07:25 pm
And lets hope Holder and Cardin are in private practice on or before Jan 20, 2013.
It would help both,
Sharon April 3, 2012 at 03:39 am
I commend those who make comments without personally attacking other commenters. It clearly demonstrates those who behave like adults, the bigger people.
Theresa Defino April 3, 2012 at 03:44 am
Yeah, y`all, let's NOT end racial profiling. DOH!
Sharon April 3, 2012 at 04:30 am
I don't believe anybody is saying on this thread of comments that they are in any way against ending racial profiling. But, if that is your take or your interpretation, can't change that! I am vehemently against racial profiling. But a politician using Trayvon shooting as example {"tragic and avoidable shooting death of Trayvon Martin, an unarmed African-American teenager in Florida, has focused national attention on the need to make sure minority communities are protected from hate crimes and racial profiling...."}, I find rather disturbing. The investigation is not over {there as been too much 'trial & conviction' via the news media/public opinion) and yet the presumption of 'innocent till proven guilty' has seemingly been underminded even by Ben Cardin. That is scary! Here's hoping & praying this 'lynch-mob' mentality and prejudgement never comes knocking on our doors. Think I prefer what our system is supposed to be...trial by selected jury rather than vigilantes & emotional arsonist! Just sayin'!
Derek Hale April 3, 2012 at 04:55 am
Flagged that one for Robin Ficker as inappropriate for Patch.
Corbin Dallas Multipass April 3, 2012 at 01:34 pm
There's a national discussion going on about whether Trayvon Martin's case had any aspects of racial profiling. Ben Cardin uses that discussion to point out that racial profiling has existed in Maryland and that he's doing something about it. He's not judging anything by doing so. It's just him talking about the issue of racial profiling in the context of national discourse about racial profiling.
"Here's hoping & praying this 'lynch-mob' mentality and prejudgement never comes knocking on our doors." Watch out, the Lynch mob mentality of Ben Cardin saying racial profiling is in the national discourse is coming to get ya.
John Naughton April 3, 2012 at 03:13 pm
Frank,
Stay happy. John
John Naughton April 3, 2012 at 03:14 pm
A Holy and Happy Easter to all.
Sharon April 3, 2012 at 05:02 pm
The same to you, John!!!!!
Sharon April 4, 2012 at 12:59 am
Corbin, Cardin doesn't have lynch-mob mentality. I was referring to what is seems to be occurring in the 'general populace'. Cardin's genine concern & quest to alleviate profiling (of any sort) is admirable. But could have made point and drawn interest just as effectively without using Trayvon incident AS racial profiling implying somehow that has indeed been proven 'beyond a reasonable doubt'. I prefer to wait till 'jury is in'. And that will come if we all step back and give room (and time) for a thorough investigation. Justice will be served.
moe green April 5, 2012 at 05:14 pm
racial profiling is good police work. seeing two black males in stevenson @3AM in a car registered to e.balto is a bright red flag.
ben cardin is a class A schmuck. a race hulstelr like jesse and revum al.
John Naughton April 5, 2012 at 05:33 pm
Here is another example of what Cardin is helping to produce:
http://www.toledoblade.com/Police-Fire/2012/04/03/Man-78-recounts-assault-by-6-youths-in-E-Toledo.html Six black youths beating a 78-year-old man in Toledo, Ohio in revenge for Trayvon's death. Ben, you are the greatest. always telling the truth just like ABC, NBC, CNN and Obama. Are you going to wear a hoodie during your election campaign? cc: Sen. Cardin
G Resident April 12, 2012 at 03:44 pm
Based on all of the comments, I now know where the my children's classmates get their views. From their intolerant parents.
Jeff Hawkins April 12, 2012 at 03:58 pm
@G
Not knowing if these folks on this thread even have children, let alone going to school with your children's classmates and shaping their views is an extreme "generalization" and no better than the "offending" original comments.
John Naughton April 12, 2012 at 06:40 pm
G,
Is "intolerant" the same as "injustice"? Sounds like that is your view. Ben would look real good in a hoodie. He would do well to campaign in a hoodie?
Corbin Dallas Multipass April 12, 2012 at 07:03 pm
It was 5 black kids and one white kid, and there's a lot of reason to believe that he was lying and/or exaggerating about other aspects of the story. http://www.toledoblade.com/Police-Fire/2012/04/07/Toledo-police-Man-s-account-of-assault-may-be-exaggerated.html
jnrentz1 April 12, 2012 at 09:36 pm
Has Senator Cardin ever condemned Black on White crime?
Corbin Dallas Multipass April 12, 2012 at 09:44 pm
That's under the umbrella of condemning all criminal activity, which I'm pretty sure he's on board with. Hate crime legislation almost always covers any cases where any criminal of any race specifically targets other individuals by race, so he does in fact condemn that by extension.
That's really a silly question.
John Naughton April 12, 2012 at 10:44 pm
Corbin,
Hate crime legislation is generally directed to the protection of minorities. It would be good to hear Ben say what you are assuming. His article which occasioned all these comments did not reflect what you are assuming. It was gutter politics. He doesn't deserve to be our senator.
jnrentz1 April 12, 2012 at 11:34 pm
Corbin Dallas Multipass:
No. You are wrong, my question is not silly.
Theresa Defino April 13, 2012 at 12:50 pm
Guess what the prosecutor called it. PROFILING.
http://www.cbsnews.com/8301-201_162-57413385/court-affidavit-zimmerman-profiled-trayvon-martin/?tag=stack
Jeff Hawkins April 13, 2012 at 01:08 pm
Theresa,
I think that will have to be proved in Court, until then it's just the usual stuff. A prosecutors job is to win at all costs and will use all favorable words. I imagine the defense attorney will say NOT PROFILING.
Corbin Dallas Multipass April 13, 2012 at 02:36 pm
"Hate crime legislation is generally directed to the protection of minorities."
http://thomas.loc.gov/cgi-bin/query/F?c103:1:./temp/~c103rxLcxz:e927518: "(a) DEFINITION- In this section, `hate crime' means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person." In the case of the above bill on Racial Profiling that Ben Cardin was citing, http://thomas.loc.gov/cgi-bin/query/F?c112:1:./temp/~c112oPedrT:e2495: it defines Racial Profiling as: "The term `racial profiling' means the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, or religion in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person of a particular race, ethnicity, national origin, or religion to an identified criminal incident or scheme." Note in both places the term minority is never used.
John Naughton April 13, 2012 at 03:40 pm
T.
From the CBS report: (Can we trust CBS?) "The affidavit, which is the prosecution's point of view in filing a second-degree murder charge against Zimmerman, presents the prosecution's answers to two questions that have been debated in the weeks since the shooting: ..." Even if the prosecutor is factually correct, it doesn't justify Cardin's slime-ball politics calling it profiling before any authoritative statement. Even now he is not justified in calling it profiling until proven in court. Have a great day!
123BOOM April 13, 2012 at 04:44 pm
Defenders of profiling are quick to deny or deemphasize its racial component. They condemn profiling solely on the basis of race, but defend profiling by looking for signs that a person might be a lawbreaker as good police work. If blacks are being stopped and searched at a disproportionately high rate as compared to whites, they charge, it is because they commit a disproportionately high number of crimes. Defenders of profiling point to statistics that show, for example, that while blacks comprise only about 13 percent of the population, they make up 35 percent of all drug arrests and 55 percent of all drug convictions.
jnrentz1 April 13, 2012 at 08:32 pm
I think Hate Crime as a classification, with increased penalties are wrong. There are those on these pages that think otherwise.
For Montgomery County, does anyone know of any prosecution, in the past 10 years, of any minority for any Hate Crime in which the victim was/is an otherwise normal White person?
Doug in Rockville April 13, 2012 at 09:22 pm
It doesn't matter if there was profiling in the Trayvon Martin killing. The 9-1-1 operator instructed Mr. Zimmerman NOT to follow and stalk Mr. Martin, but he did it anyway. Would Mr. Zimmerman have done the same thing if Trayvon was a young white boy wearing a hoodie? Only he can answer that question. But none of this diminishes the fact that crimes are often intended to send a signal or terrorize specific communities. Enhanced penalties are completely appropriate in crimes where this occurs. If you're against hate crime penalties, then you're also against enhanced penalties and sentences for acts of terrorism, right?
Joe Thomas April 13, 2012 at 09:31 pm
This statement by Cardin just guaranteed that I will vote for someone else. He is a typical pandering politician who sees his chance to win the black vote. Has he introduced any bills that would prohibit the beating and robbing of the white guy in downtown Baltimore last week by a crowd of blacks? That video has been hushed up by the liberal media but it is available online.
Actually racial profiling is good police work. If an officer works in an area where 95% of the armed robberies have been committed by black males and he sees two black males enter a store at closing time while another remains behind the wheel would it be unlawful under Cardin's bill to keep the car under observation? Would it be unlawful for the officer to get out of his car and look in the store window? Mr. Cardin you are a joke.
jnrentz1 April 13, 2012 at 10:11 pm
"Racial profiling—the targeting of individuals because of race, ethnic identity, national origin or religion—has no place in our nation. The recent, tragic and avoidable shooting death of Trayvon Martin, an unarmed African-American teenager in Florida, has focused national attention on the need to make sure minority communities are protected from hate crimes and racial profiling, a practice that is ineffective in crime prevention, undermines effective law enforcement, and erodes civil rights."
Senator Cardin, What about White communities? Do they deserve to be protected from hate crimes and racial profiling? Why did you single out minority communities? Do they deserve special protections, that non-minorties will be denied? It seems to me that "equal protection under the laws" will be denied to many, to appease the few if your law is passed.
Theresa Defino April 14, 2012 at 01:08 pm
I said it was the prosecutor's view. And there are no slime ball politics involved in Cardin's support of his own bill--and as we've said before, he NEVER said there was racial profiling, he said the case was raising attention to the issue. Which it has.
And I am confident the prosecutor is correct. Too bad Travyon wasn't just a "normal white person," right, Frank!

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