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senate Bill S. 1056

Crime not Skin: Ending Racial Profiling

Argument in favor

Would mandate that law enforcement officers end the practice of detaining or stopping individuals based on their race instead of their behavior.

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05/04/2016
"We must pursue policies to transform this country into a nation that affirms the value of its people of color. That starts with addressing the five central types of violence waged against black, brown and indigenous Americans: physical, political, legal, economic and environmental." [berniesanders.com]
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tea's Opinion
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04/29/2015
"Politically correct policing is bad policing." No, the murdering of innocent civilians based on the color of their skin is bad policing. This isn't merely an effort to be politically correct; this bill is a step toward reforming our flawed, discriminatory system that wrongfully and disproportionately targets people of color.
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Jeff's Opinion
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04/29/2015
We're supposed to be presumed innocent. Profiling does the opposite.
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Argument opposed

Creates vague and burdensome regulations that would be impossible to identify, implement, or enforce at the federal level.

Bryant's Opinion
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04/29/2015
This law would be a shield for any minority committing a crime giving them yet another excuse to get away with a crime by claiming discrimination. Regardless of the reason they attracted an officers attention, if that officer discovers that they broke the law they deserve to endure whatever sentence a court hands down for that offense. If they are not breaking the law they have no reason to be upset about interactions with law enforcement.
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Gail's Opinion
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04/30/2015
If a black man commits a crime why would you pull over a Latino? Or if a white man committed a crime why target blacks. You need profiling, if he is white, you look at whites, if he is black, you pull over blacks! That's not profiling, it's using what you know! Sometimes with darker skin you don't alway know what the person is or white skin, could be Russian or Irish, Enlish! In that case, you profile everyone that fits the profile of whom you are looking for. You hog-tie the police by not letting them use all methods available to them. Puts the people in danger.
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lcynicl's Opinion
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04/29/2015
Politically correct policing is bad policing.
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What is Senate Bill S. 1056?

This bill aims to put an end to all practices of racial profiling by law enforcement officials and agencies across the country. It would grant victims of racial profiling the right to have their concerns taken up in court by declaratory or injunctive relief.

Racial profiling, as defined by the U.S. Department of Justice, is:

"Any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity."

The bill would require local and state law enforcement agencies to prove that they have adequate policies and practices for eliminating racial profiling in place. It would also require that those same law enforcement agencies remove any and all encouragement of racial profiling from their policies.  This bill specifically targets  law enforcement agencies that apply for grants from the Edward Byrne Memorial Justice Assistance Grant Program and the Cops on the Beat Program.

Lastly, this bill directs the U.S. Attorney General to set some ground rules for the collection of data on racial profiling — then award grants to fund these efforts.

Impact

People of color, law enforcement officers and agencies, and the Attorney General.

Cost of Senate Bill S. 1056

A CBO cost estimate is unavailable.

More Information

In Depth: This bill has been introduced before, and failed to see a vote. It is almost identical to its previous versions — but this bill has revised language to include under "racial profiling" the newly protected categories of gender, national origin, religion, sexual orientation or gender identity. 

One of the most highly cited forms of racial profiling is New York City's "stop and frisk" policy — a practice used by the NYC Police Department where officers would stop, question, and frisk, thousands of pedestrians every year, looking for weapons and other contraband. In 2011, NYC officers applied this policy to people in NYC 685,724 times. Eighty-seven percent of those searches involved people of color. And by the NYPD's own records: 
"nearly nine out of 10 stopped-and-frisked New Yorkers have been completely innocent."
It's not just New York — studies conducted by the National Institute of Justice have revealed that people of color across the country are stopped by police officers more frequently than white motorists at traffic stops. Among people of color, racial profiling is considered widespread: 70 percent of African Americans say members of their race were treated less fairly than whites in typical interactions with police. 

Racial profiling and it's existence have been challenged by many critics as being a consequence of effective policing. As Heather Mac Donald, author of “The Myth of Racial Profiling” noted on a PBS segment:
"Police go where the crime is. The policing revolution of the ‘90s was to make policing data driven. The police aren’t looking for white or black, they’re looking for criminals and they go to the neighborhoods with the highest rates of crime, those tend to be minority neighborhoods. At that point, race is irrelevant."

AKA

End Racial Profiling Act of 2015

Official Title

A bill to eliminate racial profiling by law enforcement, and for other purposes.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedApril 22nd, 2015
    "We must pursue policies to transform this country into a nation that affirms the value of its people of color. That starts with addressing the five central types of violence waged against black, brown and indigenous Americans: physical, political, legal, economic and environmental." [berniesanders.com]
    Like (184)
    Follow
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    This law would be a shield for any minority committing a crime giving them yet another excuse to get away with a crime by claiming discrimination. Regardless of the reason they attracted an officers attention, if that officer discovers that they broke the law they deserve to endure whatever sentence a court hands down for that offense. If they are not breaking the law they have no reason to be upset about interactions with law enforcement.
    Like (64)
    Follow
    Share
    "Politically correct policing is bad policing." No, the murdering of innocent civilians based on the color of their skin is bad policing. This isn't merely an effort to be politically correct; this bill is a step toward reforming our flawed, discriminatory system that wrongfully and disproportionately targets people of color.
    Like (109)
    Follow
    Share
    We're supposed to be presumed innocent. Profiling does the opposite.
    Like (56)
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    “The data shows that this is not an aberration... It doesn’t mean each case is a problem. It means that when you aggregate all the cases and you look at it, you’ve gotta say that there’s some racial bias in the system.” [huffingtonpost.com]
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    I believe the efforts in this bill will help rebuild trust in American police departments.
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    If a black man commits a crime why would you pull over a Latino? Or if a white man committed a crime why target blacks. You need profiling, if he is white, you look at whites, if he is black, you pull over blacks! That's not profiling, it's using what you know! Sometimes with darker skin you don't alway know what the person is or white skin, could be Russian or Irish, Enlish! In that case, you profile everyone that fits the profile of whom you are looking for. You hog-tie the police by not letting them use all methods available to them. Puts the people in danger.
    Like (31)
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    Politically correct policing is bad policing.
    Like (29)
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    The only legal issue in this particular discussion is how can you prove that the officer pulled someone over because of their racial ethnicity rather than his/her behavior? There needs to be a measure to answer the question for this to be effective instead of a "scented bill" where it looks good but there is no way for it to enact change in the problem at hand. I support the legislation though, I want it to be effective though.
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    We need to end racial profiling. This bill would move America in the right steps to ensure that are kids and children can live freely without having fear that they might be arrested or terrorized by the police. It is not known that blacks are 10xs more likely to get profiled than their white counterpart. It's not right and it's not justice. We need to grow as a country and as a people that is the only way we can stop the riots and looting when a situation takes hand. I pray for the city of Baltimore and I pray for the American People.
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    racial profiling must stop. Period. Click up until every member of Congress hears you!
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    Profiling is not necessarily a bad thing. Look at Isreal airports...little visible security but they profile. Far less problems there than here. Quit voting PC and do what's right!
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    The civil Rights Act of 1964, the Constitution, specifically, the 4th and 14th Amendments already make Racial Profiling illegal and/or unconstitutional. Why don't we focus on reducing crime overall, or increased training for police officers, instead of creating yet another unenforceable-at-the-Federal-Level law?
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    Not only is there no evidence that law enforcement officials currently profile, but there is also no evidence that this law would make a positive impact on the local law enforcement agencies. The standard for determining criminality is not based on what percentage of the population a person's race is, but rather whether or not that individual has committed a crime.
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    Absolutely! The 6/27/2005 SCOTUS decision which no longer requires local police to serve & protect only to enforce the law must be overturned along with the repeal of Darth Cheney's nefarious P. A. T. R. I. O. T. Act.
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    Who would be against this? I'm all for it. Because I'm actually tired of being "randomly stopped" by TSA or getting rude looks from an officer. And the racial and sometimes religious profiling leads to something much worse. In my opinion, policing needs to be scrutinized by civilians who have the authority to not just record cops but restrain the officer in the event a citizen sees an them using excessive force and abusing their power. Because they have too much power and some of them aren't using it responsibly and it is up to us to keep them in check. Because they protect and serve us. Soo yeah, that's my 2 cents on the matter.
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    Since no state is still taking on the issue allow the Feds to step in and be the watchdog
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    If the police can't keep themselves in line then the federal government should hold them responsible for any and all acts against the people they are supposed to protect.
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    We challenge inequities in the criminal justice system by providing community education, legal representation, and policy advocacy on behalf of low-income immigrants in the justice system, limiting local law enforcement collaboration with Immigration and Customs Enforcement (ICE) by challenging programs such as “Secure Communities” (S-Comm), implementing the California TRUST Act, and promoting restorative justice as an alternative to punitive approaches to criminal justice.
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