Policing - Criminal Profiling Criminal Research Proposal

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The fact that it is neither arbitrary nor motivated by atavistic animosity in a vacuum distinguishes this type of infringement from those that are absolutely impermissible in principle.

Conclusion:

In a wider perspective, the issue of police profiling is merely one type of constitutionally impermissible tactics that may require re-evaluation under the exigent circumstances posed by the prospect of continued domestic terrorism. More than one renowned legal authority (Dershowitz 2002) has suggested that extensive domestic terrorism justifies at least temporary suspension of other constitutional principles, such as torture.

However, unlike medieval authorities who implemented torture as punishment, the idea is that authorities may someday find themselves faced with the dilemma of an imminent large-scale terrorist attack of tremendous magnitude whose means of prevention beforehand is known to an individual in custody who refuses to divulge the information necessary to prevent the attack.

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Where casualties of nuclear, chemical, or biological weapons may amount to hundreds of thousands or even millions, it may be appropriate to allow for the application of a torture warrant through the same procedures as currently used in connection with other types of warrants (Dershowitz 2002).

In general, due process and equal protection prohibit arbitrary and capricious exercise of governmental police authority. However, the potential justification for police profiling must be considered in relation to other factors, such as the comparative risks and the price associated with preserving individual rights. Ultimately, the greater the potential harms at issue, the greater the price of erring on the side of civil liberties......

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