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23 St. Thomas L. Rev. 576 (2010-2011)
Racial Profiling-Separate and Unequal Keeping the Minorities in Line - The Role of Law Enforcement in America

handle is hein.journals/stlr23 and id is 586 raw text is: RACIAL PROFILING-SEPARATE AND UNEQUAL KEEPING THE MINORITIES IN LINE-THE ROLE OF LAW ENFORCEMENT IN AMERICA APRIL WALKER* I. INTRODUCTION ................................. 576 II. THE HISTORY OF POLICING AND THE MODERN TREND....... 579 III. DOES RACE, RELIGION, OR ETHNICITY INCREASE A PERSON'S CHANCE OF BECOMING A VICTIM OF POLICE BRUTALITY? ............................. ....... 585 A. Race/Ethnicity as a Factor ......................... 585 B. Commission report findings ................................. 587 C. Excessive force ......................................... 589 D. Racial Profiling. ................................ 591 E. Pre-Textual Stops ............................... 594 F. Religion as a Factor ....................... ...... 597 IV. DOES GENDER OR SEXUAL ORIENTATION INCREASE YOUR CHANCES OF BECOMING A VICTIM OF POLICE BRUTALITY? ....................................600 A. Law enforcement violence against women ....... ....... 600 B. Violence against the Gay, Lesbian, Bisexual, and Transgendered (GLBT) . ........................... 604 V. (THE CONSEQUENCES OF REPORTING POLICE BRUTALITY) RETALIATION BY POLICE OFFICERS FOR REPORTING POLICE BRUTALITY ................... 605 VI. QUALIFIED IMMUNITY. ....................... ..... 608 VII. SELF-DEFENSE AND JUSTIFICATION ....................... 609 VIII. SOLUTIONS FOR COMBATING POLICE BRUTALITY .............. 611 IX. CONCLUSION ................................... 617 I. INTRODUCTION The dynamics surrounding an encounter between a police officer and a black male are quite different from those that surround an encounter between an officer and the so-called average reasonable person. This * The author is an Associate Professor at Thurgood Marshall School of Law at Texas Southern University in Houston, Texas. Professor Walker is also an associate judge with the City of Houston Municipal Court System. Professor Walker would like to thank Ms. Amoa for her support and assistance in preparing this article. 1. Tracey Maclin, Black and Blue Encounters - Some Preliminary Thoughts About 576

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