Profiling the Police: Flipping 20 Years of Whren on its Head
26 Pages Posted: 23 Dec 2020
Date Written: 2017
In this article, I argue a simple, time-honored philosophy - What's good for the goose is good for the gander. The Supreme Court and a large swath of law enforcement appear to be comfortable with the idea of profiling - racially and generally. Simultaneously, historically marginalized communities throughout the country are calling for increased protection from those who are sworn to protect them. In other words, these communities are asking: Who is policing the police? While the question, who is policing the police, is not new, suggestions for how to accomplish that task are rare. This article provides a tool - profiling the police. If profiling is good enough for police to use, it must be good enough to be used on police.
Keywords: policing the police, Whren, criminal law, civil law, profiling, HMC
JEL Classification: I24, K3, K14, J71, I28
Suggested Citation: Suggested Citation