Expert: Loren Stevens - 5/21/2006

Question
Hi Loren,
I dont know if you remember me--I interviewed you in 2004 when I started my CJ courses. What a great interview it was!
Anyhow, I would (if you have time)like some of your thoughts on profiling. Is it unconstitutional, effective, necessary, is there a good and bad profiling that exists, is profiling something that police practice with every individual or has its motive become racially and gender-based?
I am sure I can find all this information on the web, but when I corresponded with you in 2004 you had so much to say that I would not have been able to get from articles and books.
Thanks in advance!
Sheila Coo

Answer
Ms, Cook,
Did you get my response yesterday on this?
My computer apparently is in need of a Kaopectate regimine or something, and doesn't always go through.
loren

Hello Sheila,
Hmmmmm, my thoughts on profiling.
I think if it can REASONABLY be qualified, it makes for a good investigative aid. The real value, is probative oriented, where the profile generates more interest, to proceed with more focus, until something can either be dismissed, or advanced.
Profiling is not an end, but a means.
The more the specifics, and narrow the scope, the more it is defendable.
Generally, when any kind of government action involves a person of color, a female, a specific culture or faith, there tends to be an outcry of bias etc. With the exception of white males, where there is usually no response.
This is not to suggest sexist, racist, or any other type of bigotry, just a tendency.
Example: serial killers.
With few exceptions, these perpetrators tend to be; white, middle class, males, between the ages of 25-40.
If you were to change any one of these elements, there would most likely be a gripe that surfaces from the affected.
However, with substantial specificity, coupled with substantial pattern of past incidents, this "profile" tends to be valid.
With terrorism, to profile dark complected men, of Mediterranean descent is a little thin, but could still be of probative value, depending on the circumstances.
The more the government can add to the profile elements,
the more it is defendable. This is NOT for cause of action, or to replace "probable cause" but of probative value, to look at closer, or focus more attention to.
Is it Constitutional? I think so, if structured properly.
Is it effective?
I think so, as an investigative aid, in furtherance of an investigation.
Is it necessary?
That depends on your point of view, and what is at stake. If "National Security" evolves into "National survival" I think most folks would say YES.
Profiling isn't necessarily racial or gender based as a requirement, however, if race and or gender was an in- fact element, or component of a pattern of considerations...it would be foolish not to include these factors. This reality may raise the ire of some socially sensitive folks, but that doesn't change the facts, or pattern of tendencies.
Are there good and bad profiles....most assuridly, as there are good and bad everything that is related to matters and submatters relating to social control.
I think there are too many people that are continually in search of issues to be sensitive about. This, is not to confuse legitimate dilligence concerning government affairs.
However, at some juncture, there is a practical consideration, laced up to a due dilligence responsibility.
These are MY opinions, so view them accordingly.
There are a number of "things" that I favor, and others that I don't have alot of regard for.
I'm not a fan of the "Exclusionary Rule", as it tends to punish the victim, and dismisses justice.
I don't care for "Hate crimes" statutes at all.
I've never heard of anybody being charged for hating caucasions. The pattern of this statute, is that it tends to only charge white people for hating somebody. This, is to say that nobody other than whites do any hating.
More to the central issue....criminal statutes are structured to address what a suspect/defendant DOES, ie., a marriage of act and intent, which is manifested by the perpitration of the offense....etc.
What in effect Hate Crimes statutes address, is what somebody THINKS! that is a scary approach to social controll issues.
Any how, to avoid rambling on any further...hope this does you some good.
Good Luck,
loren