What are the legal remedies for racial profiling?

To some of us who are more naïve and gullible racial profiling may sound like something that used to only happen decades ago. However, the bitter truth is that racial profiling is still abundant across the United States and is probably happening to someone somewhere right at this very moment and it could be for good reason.

Without racial profiling and profiling in general, humankind may not have made it this far.

But to discriminate on a person solely based on his or her skin color is not only morally unethical, and racist, but is also illegal, according to criminal defense lawyers. You need to focus on their demeanor, character, attitude, how they act to certain questions, their intelligence, and so on.

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What exactly is racial profiling?

Many Americans are no strangers to racial profiling. It seems like every couple of days there is a report on the news about how someone was racially profiled. A recent incident is one which occurred to none other than the revered scholar Henry Louis Gates Jr. who also happens to be African American.

His skin color was the only reason why the respected and highly educated man was arrested by law enforcement officers who assumed he was breaking into someone’s house while the distinguished Harvard professor was trying to unlock the front door of his very own house after he had just returned from a trip overseas. But this was not all of the police’s fault. Henry Louis Gates Jr.’s own neighbor is the one who called the police! Henry Louis Gates Jr. obviously or perhaps never took the time to meet his own neighbors. Again, one of his neighbors was the one who called the police in the first place.

On top of this, if Henry Louis Gates Jr. did not disrespect the police when they arrived and not act like he was better than them then this case would not even be a case. But in this political correct world, many people in society sided with Henry Louis Gates Jr. when he was arrested since he never convinced the police that that home was his. He was too busy insulting them. Criminal defense attorneys though were unhappy with how this developed.

It is too bad some people show that much disdain for the police. They were only trying to protect his home.  

There are thousands of cases of racial profiling but this is one of the most famous and recent. Technically speaking though, there is no exact definition of the term racial profiling. Loosely speaking, it general refers to the act where cops stop, search, and interrogate people based on their ethnicity and no other apparent reason. There are also instances where individuals have been wrongly arrested for a DUI due to racial profiling.

We saw racial profiling in the movie Crash with Daniel and the store owner. The store owner was not even white so that idea goes out of the window. Daniel was Latino and a lock smith. He was racially profiled when actually trying to help out this store owner who was later robbed and almost went and killed Daniel for it. He assumed Daniel and his friends robbed his store. He was wrong and in fact if he listened to Daniel, his store probably would not have been robbed.

America has lots of races, and racial profiling is a fact of life. Some criminals though ruin it for everyone, certainly for folks who share their same race.

What legal action can you take as a victim of racial profiling?

It would certainly be disheartening for any innocent person to be suspected of a crime simply because they look a certain way but if you have seen the movie Life with Eddie Murphy and Martin Lawrence, it is believable. However, even though such victims do not have a preventive fix, they do have some legal reactive options which they can utilize by contacting a criminal defense lawyer as soon as possible.

If and when a person can prove that law enforcement officers arrested him on suspicion of a crime based on his racial background, then he or she may be eligible to certain compensatory damages.

However, proving this is no cake walk, especially when your allegations are against law enforcement officers. Therefore, if you believe you are a victim of racial profiling and wrongly charged with a crime, you will need the help of a legal representative to prove your claims. A criminal defense lawyer will be able to tactfully point out facts and observations supporting your claims and will also be able to gather and present evidence to further solidify the allegations made in the lawsuit and will be able to help you receive the damages that you rightfully deserve.