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How Do the Laws of Probability Constrain Legislative and Judicial Efforts to Stop Racial Profiling?

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Author Info
Jeff Dominitz

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Abstract

Faced with pending legislation and litigation, numerous jurisdictions have begun programs to monitor a range of traffic stop outcomes, focusing on variation by race or ethnicity. Existing programs, however, ignore the unequal outcomes that motivate opposition to racial profiling. Statistical relationships limit the ability of public policy to equalize the various outcomes, even if officers do not engage in racial profiling to "any extent or degree." This article demonstrates relationships among five outcomes that are or should be considered when policy on racial profiling is formulated: search rates, find rates, thoroughness of search, rates of detention of the innocent, and rates of apprehension of the guilty. Once decisions are made as to how to balance desires for equality of each of these outcomes, problems remain that are common to statistical assessments of pattern- or practice-of-discrimination claims. Copyright 2003, Oxford University Press.

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Publisher Info
Article provided by Oxford University Press in its journal American Law and Economics Review.

Volume (Year): 5 (2003)
Issue (Month): 2 (August)
Pages: 412-432
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Handle: RePEc:oup:amlawe:v:5:y:2003:i:2:p:412-432

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Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
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  1. Kate L. Antonovics & Brian G. Knight, 2004. "A New Look at Racial Profiling: Evidence from the Boston Police Department," NBER Working Papers 10634, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  2. repec:bep:eapcon:v:3:y:2004:i:1:p:1310-1310 is not listed on IDEAS
  3. Charles F. Manski, 2005. "Optimal Search Profiling with Linear Deterrence," American Economic Review, American Economic Association, vol. 95(2), pages 122-126, May. [Downloadable!]
  4. repec:att:wimass:192051 is not listed on IDEAS
  5. Charles F. Manski, 2005. "Search Profiling with Partial Knowledge of Deterrence," NBER Working Papers 11848, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  6. Steven N. Durlauf, 2005. "Racial Profiling as a Public Policy Question: Efficiency, Equity, and Ambiguity," American Economic Review, American Economic Association, vol. 95(2), pages 132-136, May. [Downloadable!]
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This page was last updated on 2009-11-19.


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