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In response to this question, some scholars have argued that, at the very least, the racial profiling debate has taken a different direction since the September 11 attacks. That is, citizens responsible for raising claims of racial profiling have found themselves in the interesting predicament of not only accepting racial profiling as an effective tool in the fight against crime, but also claim to have engaged in similar practices.
Most of the reports relevant to racial profiling practices by citizens were reported, soon after the September 11 terrorist attacks, as having taken place at airports throughout the United States. In fact, stories were introduced on daily basis by the media, usually involving a citizen or group of individuals asking a particular airline to deny the privilege of flying an individual who appeared to be of Middle Eastern descent. Reports of Middle Eastern passengers being asked to re-book their flights with other airlines were frequent. Perhaps the most obvious tragedy here was that the same public, which at one time demanded protection from law enforcement against racial biases, was engaging in racial discrimination against minorities.
Corporations who are subject to claims of racial profiling practices, such as those in the airline industry, are particularly vulnerable to civil liability suits. It is estimated that if these companies lack statements or policies aimed at preventing racial profiling practices initiated by employees or clients, they are likely to incur extraordinary expenses as a result of liability-related suits. In fact, some of these have already been introduced in the courts while citing several Constitutional violations.
Law enforcement agencies are questioning the social meaning of laws designed to capture racial profiling data in light of the publicās racially insensitive practices. Although this is a hard issue to contemplate, law enforcement personnel must be reminded that they should continue to lead by example. That is, in the case of racial profiling, they should adhere to ethical practices regarding the treatment towards minorities regardless of the publicās demeanor towards this issue. Perhaps by doing so, law enforcement will re-affirm the values held, at one time, by the citizenry regarding the equality of treatment to all. There is very little doubt that racial profiling will continue to challenge scholars, law enforcement personnel, and other interested parties, as the war against terrorism continues at the forefront of the national debate.
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