Efficient Legal Procedure And Statistical Discrimination
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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"Racial Bias in Motor Vehicle Searches: Theory and Evidence,"
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- 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. Full references (including those not matched with items on IDEAS)
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