The concept of “racial discrimination” may be approached form the perspective of either its victim or its perpetrator. Racial discrimination describes those conditions of actual social existence as a member of a perpetual class from victim perspective. Violation under antidiscrimination law is hopelessly embedded in the perpetrator perspective. According to him Brown case was a straight forward declaration that segregation was unlawful because the facts of the issue were instances of majoritarain oppression of black people, a mechanism for maintaining blacks as a perpetual underclass.
Alan Freeman showed how the Supreme Court used antidiscrimination doctrine to legitimize racial discrimination and confine redress to the acts of a few outright bigots . Crenshaw by giving the difference between conservative and liberal discourse on race-related law and policy identifies two distinct properties in ant-discriminative law that are expansive properties and restrictive properties. Delgado argues against the approaches given by the people of color and said voice of a particular contributor must be understood in terms of that individual’s own narrative.
Racial profiling Stopping, questioning & searching of the citizens by the police disproportionately based on their race, ethnicity in order to catch common criminal is called racial profiling. As of now racial profiling is meant only for the Muslim men of Middle Eastern countries after 9/11. Initially there was strong apposition on the racial profiling but after 9/11 the trend as slowly down now.
Concluding point on racial profiling- The concept of racial profiling is mainly to shed some light on the underlying issues by examining racial profiling in the context of other police practices that take race or ethnicity into account. Several cases were also decide on racial profiling saying race may not be included in a profile that is used as a basis for individualized suspension under the fourth amendment. There is a close violation of equal protection clause of the fourteenth amendment and to the commitment of racial profiling by the police.
Courts say that under fourth amendment race may be considered in a profile as one of the factor among several. One of the prominent cases of racial profiling is Wen Ho Lee. Racial profiling in law enforcement – Criminal investigative laws & immigration laws were using race as a single of potential unlawful conduct or status affecting African Americans, Latinas/os and other racial groups. Innocent people were punished and humiliated whose skin color is used as a proxy for criminal conduct. Among the many discriminatory aspects of the criminal justice system racial profiling is one of them.
Race-based law enforcement is part of a larger series of institutions and cultural practices that regulate racial minorities to a caste-like, second-class citizenship. By looking at several cases such as fullilove v Klutznick, minnick v califronia department of corrections, city of Richmond v J. A. Croson, metro broadcasting v FCC and Edmonson v Leesville concrete Co. prominent jurist has come up with five themes: 1. The public-private distinction. 2. Non-recognition of race. 3. racial categories 4. Formal-race and un-connectedness. 5. Racial social change.