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Racial Profiling: Legal and Constitutional Issues
Racial profiling is the practice of targeting individuals for police or security detention based on their race or ethnicity in the belief that certain minority groups are more likely to engage in unlawful behavior. Examples of racial profiling by law enforcement agencies suggest that minorities are disproportionately the subject of security-related practices. The issue has periodically attracted congressional interest and several courts have considered the constitutional ramifications of the practice as an "unreasonable search and seizure" under the Fourth Amendment and, more recently, as a denial of the Fourteenth Amendment's equal protection guarantee. A variety of federal and state statutes provide potential relief to individuals who claim that their rights are violated by race-based law enforcement practices and policies.
Overview of Selected Federal Criminal Civil Rights Statutes
Federal criminal civil rights laws impose criminal penalties for deprivation of certain federal rights, privileges, or immunities. These laws prohibit hate crimes based on race, color, religion, or national origin; the burning of places of worship; violence against health care providers; and the transport of persons (particularly women and children) for the purpose of enslavement or forced labor. Some of these laws require a discriminatory motivation while others, such as human trafficking, do not. Some cover offenders acting "under color of any law." The Federal Bureau of Investigation investigates alleged violations. Punishments can range from a fine to lifetime imprisonment; in some cases the death penalty may be imposed, depending upon the circumstances and the resulting injury, if any. This report provides a brief summary of selected federal criminal civil right statutes.
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