Beth Beeston

Research Paper
Criminal Justice 1010
29 July 2015
Professor Cox
Racial Profiling and Deadly Force
It was three-thirty in the afternoon in Garfield County, Utah, in 2003, and the
truck ahead of him was swerving all over the abandoned road. Deputy Sheriff David
Charles Jones pulled over the driver of the truck, and conducted a field sobriety test while
the passenger watched. The driver of the car failed the test and was handcuffed in the
back of Jones patrol car. The passenger drew a rifle and pointed it at Deputy Jones, who
then drew his firearm and pointed it back, ordering the passenger to drop his weapon. The
suspect opened fire, hitting Jones in the chest through his bulletproof vest, because the
ammunition made for the rifle was designed to go through bullet-proof vests. Jones fired
back, hitting the suspect once, who after being shot, un-cuffed his friend and they both
escaped. Jones died before an ambulance could get to the scene (ODMP). Jones could
have shot the passenger immediately but tried to abstain from deadly force. This cost him
his life. Unfortunately, this is one of the true stories that gets little attention in the media.
Instead, often the media deliberately attempts to incite readers by crying racism and
promoting stories of white policemen shooting black men. If media pressure fueled by
racial profiling accusations causes police forces to abstain from use of deadly force, the
result will be the death and/or injury of police officers.
What is racial profiling? Racial profiling by law enforcement is commonly
defined as a practice that targets people for suspicion of crime based on their race,
ethnicity, religion or national origin. Creating a profile about the kinds of people who

commit certain types of crimes may lead officers to generalize about a particular group
and act according to the generalization rather than specific behavior. (NIJ-Racial
Profiling) Racial profiling in police departments began in an effort to more effectively
prevent crime. Countries such as Israel cite profiling as a reason they havent had any
airplane hijacking cases for three decades (Guttman) . However many of the agencies
protecting civil rights say that profiling is wrong and actually contributes to racism in this
country. Profiling undermines public safety and strains police-community trust.
(Natarajan). One major task of policemen is to create a relationship with the communities
in which they serve. If more policemen did this there would be less chance they would
use wrongful racial profiling (Gaines, 191). So profiling can be a useful tool in crime
prevention but should not lead to racism.
Recently media has purposely encouraged anger against law enforcement by
using inflammatory language and promoting stories, which seem to show racism in our
police force. Here is a recent newspaper headline, Racial profiling has destroyed public
trust in police. Cops are exploiting our weak laws against it (Washington Post, 12-1514).
In 1989, The United States Supreme Court stated in the case, Graham v. Connor;
that the use of any force by police officers should be judged by the reasonableness of the
moment (Gines). This means officers must react in the spur of the moment, in a way that
is appropriate for the situation. This rule appears to be a good principle. However, it is
difficult for anyone to know how he/she will react in a situation where his/her life feels
threatened.

A white police officer used lawful force and wont face criminal charges for
fatally shooting an unarmed black man who was acting strangely and had assaulted two
people in Madison, Wis., prosecutors have determined (Muskal). This quote comes from
the opening sentence in an article from Los Angeles Times. Matt Kenny had been in the
police force for thirteen years. He received a call about Tony Robinson running in and out
of traffic and assaulting two people. He found Robinson in the upstairs of an apartment
building and as he approached the top, Robinson saw him and hit him with his fist. The
reasonableness of the situation compelled Kenny; Robinson went to hit again, and
fearing that Robinson might shoot him, Kenny pulled his firearm and shot Robinson
seven times. As this case was being investigated, Robinsons mother said, This is
politics and not justice. Matt Kenny wasnt tried, because he reacted to save himself and
others in the room. The article talks about the racial connection this shooting by a police
officer had to other shootings across the nation. But unlike others, Kenny had a sense of
reasonableness that the media and community didnt display. There was a reason he shot
Robinson, and it wasnt because Robinson was black.
Another example of the use of deadly force by police officers occurred in New
York on July 17, 2014. His hands were raised above his head as both policemen inched
closer towards him. Dont touch me! he screamed, panicking as both officers seized
hold of him. The strength of the officers grip sent him to the ground with one officer
choking him while the other had his hands. I cant breathe, I cant breathe, I cant
breathe, came the last words out of Eric Garners mouth. Eric Garner, who had some
health issues, was accused for allegedly selling untaxed cigarettes, and then choked and
killed by these two police officers in Staten Island. Family lawyer of the Garner family

said Garner should have gotten at most a summons to appear in court for allegedly
selling untaxed cigarettes (Botelho). The use of force by both police officers appeared to
be unreasonable, however the Grand Jury in Staten Island, New York decided that there
was no probable cause to indict Officer Daniel Pantaleo. In the media, many professional
athletes and movie stars started wearing shirts with the logo I cant breathe on them
symbolizing that what happened with Garner was wrong and unethical. This caused many
protests as well, sparked by the media. President Barack Obama joined in by saying We
are not going to let up until we see a strengthening of the trust and a strengthening of
accountability that exists between our communities and law enforcement. Six months
after Garners death two policemen were slain ambush style in their police car and the
gunman a violent man named Brimsley, had posted police threats on social media as
retaliation for Garners death (Sanchez).
Both of these examples have one thing in common, deadly force was used by
police officers on the suspect they were arresting or citing. This is a huge topic in the
United States right now because many view it as racial profiling, leading to racial
discrimination. The media portrays only certain stories in a way that makes police
officers seem like they are intentionally harming others of another race. There are cases
where racial profiling happens and policemen use deadly force unnecessarily. However, if
policemen begin to be charged, prosecuted, and incarcerated, the consequence could be
frightening. We could have fewer people making law enforcement a career choice, and
policemen would be fearful to ever use deadly force, which could result in innocent
victims harmed and the lawlessness in areas where police officers are fearful to enforce.

"We cannot be defined by that criticism, what is lost in the shouting and the
rhetoric is the context of what we do. A handful of recent incidents, fewer than a dozen,
have wrongfully come to define the hundreds of millions of interactions cops have every
year." (Sanchez)
Detective Rafferty and Detective Robert Parker were working on a case involving
a son stealing his mothers car in New York City September 10, 2004. Both detectives
drove down the wrong side of a street to box their suspect in. As they went to arrest him,
their suspect fought back grabbing Detective Parkers service weapon. He then started
shooting, hitting both detectives in the chest. The suspect was convicted for first-degree
murder, and was sentenced two life terms in prison with no parole. Because neither of the
officers used more force, they were killed (ODMP).
A second example happened on Thursday March 12th, 2015. His son had just
earned good grades, and he needed a way to praise his son for doing well. He headed
north into Philadelphia, planning to arrive at GameStop to get his boy a video game.
Little did he know, his life would end that day. As Robert Wilson III was going to pay for
his sons gift, two brothers walked in the store with guns. Wilson, instead of pulling his
gun and arresting them, walked up to them and confronted them. This triggered a
firefight, and Officer Wilson ran away from the others in the store to protect them.
Officer Wilson was shot first in the body, but it was the very last shot from one of the
brothers, that hit him in the head and killed him. This was the effect of not using
excessive force (ODPM).
Some believe policemen are power hungry-racist jerks who look for any situation
to prove they are in charge. However, this example amplifies the fact that not all officers
use racial profiling or deadly force. Many people are not aware that racial profiling is

actually very rare. "Racial Profiling refers to the discriminatory practice by law
enforcement officials of targeting individuals for suspicion of crime based on the
individual's race, ethnicity, religion or national origin (Racial profiling ACLU). The
truth is that although racial profiling has been used, it is not always used, nor is it the
same thing as racism.
More white people died at the hands of law enforcement than any other race in
the last two years (Richardson). Officers who are assigned to black neighborhoods
face more politics if they shoot, and are assigned to more training so they are less likely
to shoot (Richardson). Police may kill whites more than blacks, but whites make up a
larger portion of the total population (Richardson).
If youve been watching cable news, reading Hollywood celebrities tweets, and
listening to race-hustling opportunists, you might think that every police officer in
America has a finger on the trigger, hunting for any excuse to gun down defenseless
youths Heres a reality check. While narcissistic liberal journalists and college kids are
all posting hands up selfies in hipster solidarity with Ferguson protesters, its lawenforcement officers who risk their lives in war zones every day across the country
(National Review).
Police officers do their best to protect the areas where they patrol. A policemans
task is to protect his/her community and have a relationship with the people they serve. In
many situations this is hard for police because media portrays policemen in a negative
way, thus making most communities scared of police. Another factor that hurts
relationships with policemen and their communities is police patrolling in a vehicle. It is
harder to make a relationship with someone if you are in your vehicle the whole time.
The problem however is that it is very difficult to patrol a whole area on foot.

Media is putting pressure on local police forces to review their use of deadly force
guidelines by accusing them of racial profiling. This profiling is typically white police
officers using deadly force against black men. On TV and in the news, we only see the
bad things cops do, and because they are law-enforcement officers, many people want to
see them getting punished for breaking the law.
Officer Greg Moore had been patrolling around, just casually looking out for
suspicious activity, when he came across Jonathon Renfro in Boise, Idaho. Moore got out
of his vehicle to approach Renfro, when he was shot and killed by Renfros 9mm Glock
handgun. Renfro said the only reason he shot Moore was because he didnt want him to
arrest him for carrying a gun, or using methamphetamine (Ridler). Officer Moore didnt
approach him threatening him. Officer Moore could have easily used his gun or
approached Renfro in a more physical manner.
Because media puts this idea into peoples minds about racial profiling, police are
starting to abstain from using physical force so it doesnt turn on them, which makes it so
more police officers are killed in the line of duty. Officer Moore is a good example of
this. Renfro is Hispanic, and if Moore approached him in a more forceful manner, or had
his gun out, the case could be made against him that he was racially profiling Jonathon
Renfro.
Nigel Benner, an officer in New Mexico, was just about ready to go off-duty and
get home to see his wife and five children, when he spotted a vehicle that was driving all
over the road. Inside the car was a couple that was looking for a house to burglarize.
Officer Benner turned on his light and the car stopped. He spoke with the female driver
and got ID, which turned out to be fake. When Benner returned to the car, it took off. The
passenger shot his girlfriend in the foot and pushed her out of the car. Officer Benner

stopped to see if she was okay, then pursued the male suspect who turned and shot
Officer Benner (ODMP). Officer Benner couldve shot at the male suspect who had
already used a gun against his own girlfriend, but his decision not to use deadly force
resulted in Officer Benner losing his life.
These examples show instances when law enforcement officers chose not to use
deadly force, which resulted in their death. The media portrays that officers frequently
misuse deadly force, and federal authorities report, that about six hundred and fifty
deaths occur in the process of an arrest on an annual basis (Gaines, 197). The truth,
however, is The misuse of force is a very rare occurrence and only happens about 1.6
percent of the 43.5 million annual police-public encounters (Gaines, 191). In many
situations, police wont handle the situation with enough force, putting not only the
officer, but others in danger. Our law enforcement officers put their lives in danger on a
daily basis to protect and serve the people in this country. They deserve respect,
appreciation and the freedom to protect themselves and innocent bystanders through the
use of deadly force. Gary Cox, a former police officer stated this quoted phrase by
policemen I would rather be tried by 12, than carried by 6. Since 1791, more than
20,000 U.S. law enforcement officers have made the ultimate sacrifice. On average, one
law enforcement officer is killed in the line of duty somewhere in the United States every
60 hours (NLEOMF).
If media pressure fueled by racial profiling accusations causes police forces to
abstain from use of deadly force, the result will be the death and/or injury of policemen.
Rafferty, Parker, Wilson III, Moore, and Benner were all officers being killed because not
enough force was used. What if officers are frightened to go into areas where there are
gangs, or scared to use force in predominantly African-American areas? Crime rates

could rise, and officers lives would be in more danger than ever. Could we begin to have
areas where no police officer dares to go? Will there be lawlessness? What could be the
result? If these situations continue to happen, where will our law enforcement agencies be
in ten years?

WORKS CITED

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Cable News Network, 8 Dec. 2014. Web. 19 July 2015.
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2015.
Gaines, Larry K., and Michael Kaune. Criminal Justice in Action. 7th ed. Belmont, CA:
Wadsworth/Thomson Learning, 2000. Print.
Guttman, Nathan. "Israel's Airport Security, Object Of Envy, Is Hard To Emulate Here
- News." The Forward. 6 Jan. 2010. Web. 29 July 2015.
MacDonald, Heather. "The Myth of Racial Profiling by Heather Mac Donald, City
Journal Spring 2001." The Myth of Racial Profiling by Heather Mac Donald,
City Journal Spring 2001. 2001. Web. 29 July 2015.
Natarajan, Ranjana. "Racial Profiling Has Destroyed Public Trust in Police. Cops Are
Exploiting Our Weak Laws against It." Washington Post. The Washington Post,
15 Dec. 2014. Web. 29 July 2015.
"Racial Profiling: Definition." American Civil Liberties Union. Web. 23 July 2015.
"Racial Profiling." National Institute of Justice. Web. 29 July 2015.
Richardson, Valerie. "Police Kill More Whites than Blacks, but Minority Deaths
Generate More Outrage." Washington Times. The Washington Times, 21 Apr.
2015. Web. 23 July 2015.
Sanchez, Ray. "Funeral to Pay Tribute to NYPD Officer Brian Moore - CNN.com."
CNN. Cable News Network, 11 May 2015. Web. 29 July 2015.