The use of discretion occurs in virtually all parts of the criminal justice system. To arrest or not to arrest, prosecute or not prosecute, grant parole or not, are all common decisions criminal justice professionals make each day. While police officers are not the only agents who possess the authority to make judgments, they are clearly the most recognized, if not the visible, and their decisions are likely the most numerous that affect the most people. The decisions to make a traffic stop, write a citation, issue a verbal warning, or conduct a search are in the hands of patrol officers on the street. Most of these officers work alone rather than under the constant scrutiny of their supervisors. One of the possible consequences of this feature of policing is racial profiling. Racial profiling has been defined by Fridell (2004, p. 1) as “the inappropriate consideration by law enforcement of race or ethnicity in deciding with whom and how to intervene in an enforcement capacity.” While research indicates that most people who come into contact with the police are fairly satisfied with their experience, it also appears to differ by citizen race (Walker et al., 1999).
Withrow's book: “Racial Profiling: From Rhetoric to Reason” is both practical and scholarly, and provides a balanced dialogue to this controversial issue. Withrow manages to steer clear of unsupported judgments, exaggerations, and rhetoric, unlike some other authors from either extreme poles of the debate. The two most notable portions of the book are the all‐inclusive review of the extant research and the discussion of methodological issues associated with racial profiling studies.
Chapter 1 discusses the history of racial profiling and how particular events came together to thrust this phenomenon into public awareness. Although the author's argument can be sometimes vague, he refers to the contentious relationship between the police and the minority community, the crime escalation of the 1980s, the war on drugs (e.g. drug courier profiles), the increase in academic research on the police, court decisions such as Whren vs US, and the swell of media attention to unjustified police actions (e.g. New Jersey State Police).
Chapter 2 provides a first rate summary of the important racial profiling studies across the nation and the data collection methods employed. This chapter examines two central components of racial profiling research:
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Whether there is an overall disparity between who is stopped and who could be stopped.
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What occurs after citizens are stopped (consent searches, etc.).
More importantly, the author introduces some of the limitations of the current research, although this topic is discussed in greater detail in a subsequent chapter.
Chapter 3 outlines the key methodological issues related to racial profiling studies. It begins with a conceptual and operational definition of racial profiling and moves on to the sticky problem of finding an appropriate denominator or an estimate of the population at risk of being stopped. This is generally called the “benchmark problem” and the author provides a sophisticated discussion of this topic. Withrow offers the advantages and disadvantages of the three common benchmarks (population, field observations, accident records). This is one of the best chapters in the book and it is evident that the author has been actively involved in racial profiling research and is well informed.
While Chapter 3 is one of the finest chapters in the book, Chapter 4 has some limitations. First, the author is to be applauded for attempting to provide a theoretical explanation for race disparity and racial profiling. However, some of the important theories are undeveloped or too vague. For example, Black's theory of law and Turk's norm resistance theory should have been lengthened and an association should have been made between these theories and racial profiling. Withrow does a better job with the concept of contextual attentiveness or the “race and place” effect (e.g. black motorists at a greater risk of being stopped by police when they are driving in white areas). Finally, in the summary of this chapter, he states (p. 129): “The theoretical basis for racial profiling may already exist within existing sociological and criminological theory. While the results are inconclusive, it appears that control theory may provide some insight into why racial minorities are stopped, searched, and arrested more frequently”. However, no earlier discussion of control theory is offered; I am left wondering if Withrow actually meant to say conflict theory.
Chapter 5 provides a good overview of both the legal and political dialogue regarding racial profiling. There is an informative table on the key legal rulings associated with profiling practices (pp. 157‐8) and a sophisticated discussion of “Title 42, USC, Section 14141”. This act is contrasted with the better‐known: “Title 42, USC, Section 1983”. It appears it would be of interest to police executives. However, the two‐page summary of the Terry vs Ohio (1968) decision adds little to the dialogue over racial profiling. The final section of Chapter 5 notes the provisions of the consent decree between the State of New Jersey and the USA Government. While this is somewhat extensive, it nevertheless should appeal to police administrators, attorneys, or police researchers.
Best practices for conducting profiling studies are discussed in Chapter 6. Here, Withrow covers the critical steps for successfully completing a racial profiling inquiry and some of the more common obstacles. Researchers and law enforcement administrators would definitely benefit by carefully reading this chapter prior to embarking on a profiling study. In addition, there is a brief discussion of levels of measurement and locating appropriate variables for conducting racial profiling studies. This could be used in a basic undergraduate research methods class. Withrow's book may also be used to complement one of the classic criminal justice methods texts, particularly if several of the students are police officers, or police administrators.
Chapter 7 explores avenues for controlling discretion. Withrow explains that most police departments do not have formal written policies that establish the margins of discretionary power. He claims, “Holding officers accountable, especially for high discretionary stops (minor, nonmoving, and equipment violations), may be the answer” (p. 205). However, the author recognizes that this may be easier said than done given the subculture of police work and the constraints on its leadership. Finally, there is a lengthy discussion of consent searches and the need to reduce the intrusion into the lives of the American public, suggesting that “overly intrusive searches pose a risk to public confidence” (p. 208). Withrow uses the Miranda decision as an example of a case that helped to professionalize the police, and advises that “controlling consensual searches may require the development of a series of Miranda‐like procedures” (p. 211).
The final chapter examines future trends of the racial profiling debate. Withrow argues that profiling studies will continue to be important to police scholars for the foreseeable future. It is also an issue that can potentially lead to greater cooperation and collaboration between police administrators. While racial profiling is likely to remain a controversial issue, the establishment of more accurate benchmarks would improve the quality and standing of future research efforts. Moreover, proactive measures, such as in‐service training in cultural awareness, are preferable to the use of disciplinary action.
Overall, Withrow's book provides police professionals and scholars with a firm historical, political, social and legal background to understand racial profiling better and to avoid the rhetoric. “Racial Profiling: From Rhetoric to Reason” is a first rate review of contemporary studies and the methodological pitfalls. It should be considered for courses on police problems and practices, selected issues in criminal justice, or as a supplement in a research methods class. It is also should be mandatory reading for any police administrator who is thinking of participating in a racial profiling study or partnering with a university police scholar.
