East Carolina University Police Department Bias-Based Profiling

OBJECTIVES 1.State the General Statute to address bias-based profiling. 2.Define Stereotypes. 3.Discuss the consequences of biased-based policing. 4.List ECU PD general order addressing bias-based profiling. 5.State when traffic stop reports do not have to be completed. 6.Define self awareness as it relates to profiling. 7.Define Ethnocentrism. 8.List at least two actions that could offend an Arab American. 9.List an action by a person of Arab heritage that is considered suspicious to law enforcement, but a sign of respect by the person.

Does N.C. have a “Bias-Based Profiling Law?”

YES! In 1999, Governor Jim Hunt, signed into law a bill that would require the NC Department of Justice to establish a Division of Criminal Statistics. The Division would be responsible for collecting information regarding traffic law enforcement by law enforcement officers. The information includes the officer who made the stop. The race, sex and age of person stopped. Why they were stopped. If any person was searched in the vehicle, including the race, sex and age of persons searched. If any contraband was found. If the search was pursuant to probable cause or consent. If an arrest was made or if a citation was issued. G.S

The information obtained as a result of the vehicle stop reporting is not a public record. However, the information can be obtained by a court of competent jurisdiction to resolve a claim or defense properly brought before the court. In short, the information can be used against you in a court proceeding where the court decides the information is relevant in a case where charges of bias-based profiling or discrimination have been made. Traffic Stop Reports

PREJUDICES AND THE PROFESSION Presenting the need to understand cultural backgrounds is simply not enough when discussing the implications multiculturalism. Being a law enforcement officer or a telecommunicator brings you into contact with several different types of cultures. Prejudice may exist whenever any two groups are from entirely different ethnic or racial backgrounds. This may be due to fear, lack of contact, lack of knowledge, and stereotypes. By the mere profession, police officers and telecommunicators are inescapably brought into contact with people they do not like. Individuals from virtually all races and ethnic groups repeatedly abuse officers verbally and physically to an extent that no other profession experiences. Therefore, the provocation to act on one’s prejudices exist more than it does for most people. When an officer or telecommunicator is not in control of their prejudices (either in speech or behavior) the negativity will serve to reinforce the popular stereotype that law enforcement officers are racists or bigots.

STEREOTYPE A standardized positive or negative mental picture held by an individual or group. Exaggerated beliefs that may have a grain of truth. Fixed, rigid, unfounded generalizations. Judgments made from outside information. Stereotypes are often exaggerated. People are grouped together because they have a few common traits, attitudes, or behaviors. Stereotypes are used to reject or accept individuals or groups.

STEREOTYPES Stereotypes are incorrectly formed opinions. We have “pictures in our mind” of people with whom we have had little, some or no contact. These pictures are acted upon negatively with no reason. It starts at birth and ends at death! Stereotypes come from; parents, family beliefs, non-exposure to groups, television, newspapers, peers and individual experiences. “Nothing is so firmly believed as that which we least know.” Michel de Montaigne (French Renaissance Writer)

Self Awareness & Stereotyping Recall a time when someone stereotyped you. Either because of your race, sex, religion or the fact that you are an ECU Police Officer or Telecommunicator. Remember how that felt. Recall a time when you stereotyped someone only to find that he or she was very different than you expected.

WHO WILL PAY FOR OUR STEREOTYPING AND PREJUDICE? When a mistake is made the University will pay the cost as well as YOU. Adverse media attention Lawsuits $$$$$$$$$ (for the University and YOU) Citizen Complaints Tension within the University and Department Public Relations involvement Loss of your JOB! Loss of public trust

Does Everyone Stereotype? The answer to that question is YES! Stereotypes are positive and negative images we hold of certain people, races or ethnic groups. But, it does not mean that we are racist, sexist, homophobic, or a bad person. What it does mean is that the person who stereotypes : Attempts to organize a complex environment. Attempts to predict the attitudes and behaviors of diverse people. Often times we rationalize what we see to fit our stereotype. Fails to see individuals for who they really are.

SELF AWARENESS Self-awareness is to become aware of your own biases and their effects on others. Understanding the effects of ethnocentrism (believing one’s own is better) and stereotyping is central to building self awareness of the fact that you are stereotyping individuals. People in general stereotype each other.

The Habit of Stereotyping Stereotyping is a habit. Just as it is learned through repetition, it can be unlearned through practice. Without stereotypes blocking your view, you will be able to see individuals for who they are. They will no longer be mere reflections of your perception. Each time you allow yourself to see people as individuals you will discover that, in most cases, they do not conform to your stereotype and the stereotype will gradually lose credibility in your mind.

Bias-Based Profiling Bias-Based Profiling is one of the most complex and controversial issues facing law enforcement today. It is an issue that provokes impassioned debate and extensive division within all segments of the community. Whether bias-based profiling by law enforcement is a matter of perception or reality loses significance when considering the widespread public belief in its existence. The practice of bias-based profiling has no place in law enforcement. It is an activity that undermines all public trust. Law enforcement must be perceived as providers of public safety and unbiased in providing the civil liberties of those they have sworn to protect.

What is Racial Profiling? An agreed upon definition of Racial Profiling is almost as controversial as the practice itself. The U.S. Senate Judiciary Committee defines Racial Profiling as: “the practice of a law enforcement officer relying, to any degree, on race, ethnicity, or national origin in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of a law enforcement activity following the initial routine investigatory activity, except that racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer is seeking to apprehend a specific suspect whose race, ethnicity or national origin is a part of the description of the suspect.”

What is Bias-Based Profiling? Bias-Based Profiling takes racial profiling an additional step and includes more groups. A good definition of bias-based profiling is “the selection of individuals based solely on a common trait of a group. This includes, but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable groups” (CALEA Standard 1.2.9).

Bias-Based Profiling - Beyond Traffic Stops Bias-Based Profiling goes beyond vehicle stops. We work in an environment that has a high volume of foot traffic and parking lots. Officers - Field contacts, searches, and vehicle stops should never be based solely on a common trait of a group. Telecommunicators – Actions for or towards suspicious persons viewed on camera, walk-in complainants, or telephone complainants should never be based solely on a common trait of a group. Racially Motivated Law Enforcement is Unconstitutional!!

Profiling – ECU PD General Order General Order (Click on above link to access GO in its entirety.) Bias for or against any person because of race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group or other identifiable group is prohibited. Stopping a vehicle or person, issuing a citation, campus appearance ticket, trespass warning, searching a person/vehicle, making an arrest, or taking any action in traffic contacts, field contacts, seizing assets or property based solely on the race, ethnicity, national origin or any other group characteristic of an individual is prohibited.

Profiling & Specific Suspect Information Profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer and/or telecommunicator is seeking to apprehend a specific suspect whose race, ethnicity or national origin is a part of the description of the suspect.

Profiling In Today’s Society After , things changed in our society and profiling has been brought to the forefront. The use of national origin or cultural group in looking for terrorist is a hot topic and still up for discussion. We know that many terrorists are of Middle Eastern Decent, but not all. Should we then use national origin as a determining factor in deciding to question or stop an individual. Race, sex, ethnicity, religion, age, or other identifiable group should not solely be used to determine if a person is a terrorist.

The First Three to Five Seconds Click on the link to watch a video from the US Department of Justice. The video, “The First Three to Five Seconds”, deals with profiling in today’s society.

QUESTIONS & Test If you have any questions about bias-based profiling, please consult your supervisor. In order to receive credit for this on-line course, you will need to complete the test. The test is based on the objectives of the course. The objectives of the course were obtained from this PowerPoint Presentation, The First Three to Five Seconds video, and ECU PD General Order