Rethinking Racial Profiling: A Critique of the Economics, Civil Liberties, and Constitutional Literature, and of Criminal Profiling More Generally

@article{Harcourt2003RethinkingRP,
  title={Rethinking Racial Profiling: A Critique of the Economics, Civil Liberties, and Constitutional Literature, and of Criminal Profiling More Generally},
  author={Bernard E. Harcourt},
  journal={Constitutional Law eJournal},
  year={2003}
}
  • B. Harcourt
  • Published 25 November 2003
  • Law
  • Constitutional Law eJournal
New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate - or "hit rate" - associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect… 
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References

SHOWING 1-10 OF 73 REFERENCES
The Principle and Practice of Women's 'Full Citizenship': A Case Study of Sex-Segregated Public Education
For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always
Is the Party Over? The Court and the Political Process
This article identifies and analyzes five features of political parties that make them among the most complex and dynamic of any political institution and therefore among the most difficult for the
The Common Law Genius of the Warren Court
The Warren Court's most important decisions -- on school segregation, reapportionment, free speech, and criminal procedure -- are firmly entrenched in the law. But the idea persists, even among those
Impeachment and Presidential Immunity from Judicial Process
The Lewinsky affair played out under ground rules shaped in the Watergate affair, an earlier episode involving misconduct by a President. A predicate of the impeachment of President Clinton was the
Lessons for the Future of Affirmative Action from the Past of the Religion Clauses?
For both educational affirmative action and the use of race in districting, this essay pursues parallels with the Supreme Court's religion clause jurisprudence in aid of the argument that the
Does Commerce Clause Review Have Perverse Effects
There is a crucial empirical assumption that pervades the debate about federal judicial review of federal statutes under the affirmative Commerce Clause. The assumption, indulged by many different
Juvenile Crime and Punishment
Over the last two decades the punitiveness of the juvenile justice system has declined" substantially relative to the adult courts. During that same time period juvenile violent crime" rates have
Transitional Justice as Ordinary Justice
Theorists of transitional justice study the transition measures used, or eschewed, by new democracies that succeed communist or authoritarian regimes - measures including trials, purges, lustration,
Common Law, Common Ground, and Jefferson's Principle
Thomas Jefferson's famous argument that "the earth belongs to the living" - and therefore no generation has the right to rule another - is a standing challenge to anyone who believes that written
Why Does the American Constitution Lack Social and Economic Guarantees
Why does the American Constitution lack certain social and economic guarantees, which appear in most contemporary constitutions? This essay explores four possible answers: chronological, cultural,
...
1
2
3
4
5
...