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Efficient Legal Procedure And Statistical Discrimination

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  • Shanti Chakravarty

    ()
    (Bangor Business School)

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    Abstract

    Recent reports about airline passengers with Muslim names having been detained by the Dutch police has brought the issue of profiling by race and religion in the course of policing decisions. Government rhetoric around the world remains at unease with a practice that their law enforcement agencies continue to practice. A presidential declaration, known as the Clinton Order, attempted to outlaw racial profiling in policing in the United States. Some lawyers and economists take exception to the logic underlying above reservations against selective attention to visibly identifiable groups Arguments against selective attention are thought to conflate statistical discrimination entailed in efficient policing with an intention to discriminate on racial or religious grounds. This note examines the informational basis of statistical discrimination to argue that such discrimination, under certain precise conditions derived here, can indeed mask an intention to discriminate on racial ground.

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    File URL: http://www.bangor.ac.uk/business/docs/BBSWP09002.pdf
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    Bibliographic Info

    Paper provided by Bangor Business School, Prifysgol Bangor University (Cymru / Wales) in its series Working Papers with number 09002.

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    Date of creation: Dec 2009
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    Handle: RePEc:bng:wpaper:09002

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    Keywords: : Racial bias; Group identity; Police search; Racial Profiling; Terrorism;

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    1. Jeff Dominitz, 2003. "How Do the Laws of Probability Constrain Legislative and Judicial Efforts to Stop Racial Profiling?," American Law and Economics Review, Oxford University Press, vol. 5(2), pages 412-432, August.
    2. John Knowles & Nicola Persico & Petra Todd, . ""Racial Bias in Motor Vehicle Searches: Theory and Evidence''," CARESS Working Papres 99-06, University of Pennsylvania Center for Analytic Research and Economics in the Social Sciences.
    3. Phelps, Edmund S, 1972. "The Statistical Theory of Racism and Sexism," American Economic Review, American Economic Association, vol. 62(4), pages 659-61, September.
    4. Borooah, Vani K., 2002. "Economic analysis of police stops and searches: a reply," European Journal of Political Economy, Elsevier, vol. 18(3), pages 607-608, September.
    5. Chakravarty, S. P., 1993. "Why are bosses incompetent?," European Journal of Political Economy, Elsevier, vol. 9(2), pages 293-302, May.
    6. Borooah, Vani K., 2001. "Racial bias in police stops and searches: an economic analysis," European Journal of Political Economy, Elsevier, vol. 17(1), pages 17-37, March.
    7. Alicia H. Munnell, 1992. "Mortgage lending in Boston: interpreting HMDA data," Working Papers 92-7, Federal Reserve Bank of Boston.
    8. Becker, Gary S., 1971. "The Economics of Discrimination," University of Chicago Press Economics Books, University of Chicago Press, edition 1, number 9780226041162.
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