The Color of Crime: The Case Against Race Based Suspect Descriptions

27 Pages Posted: 2 Mar 2018

See all articles by Bela August Walker

Bela August Walker

Rutgers, The State University of New Jersey - Rutgers Law School

Date Written: November 1, 2001

Abstract

Law enforcement in the United States relies on racial identifiers as a crucial part of suspect descriptions. Unlike racial profiling, this practice is regarded as both an essential tool for law enforcement and as an unproblematic use of race. However, given the racial history of the United States, such descriptors, particularly “Black,” have developed in such a way to create an extremely large and unreliable category. Due to these factors, the use of race as a physical descriptor in suspect decisions is both discriminatory and inefficient. Employing race as an identifying characteristic allows law enforcement officers broad discretionary powers that can be used in a discriminatory manner, while ultimately proving counterproductive to the aims of effective law enforcement. As an alternative to using racial classifications, this Note proposes the development of a universal complexion chart that will allow officers to continue to collect the information necessary to create accurate suspect descriptions while lessening discriminatory impact.

Keywords: racial profiling

JEL Classification: Z18

Suggested Citation

Walker, Bela August, The Color of Crime: The Case Against Race Based Suspect Descriptions (November 1, 2001). Columbia Law Review, Vol. 103, No. 3, 2003, Available at SSRN: https://ssrn.com/abstract=3120676

Bela August Walker (Contact Author)

Rutgers, The State University of New Jersey - Rutgers Law School

Newark, NJ
United States

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