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38 Am. J. Crim. L. 49 (2010-2011)
The Second Generation of Racial Profiling

handle is hein.journals/ajcl38 and id is 51 raw text is: Article The Second Generation of Racial Profiling* Dov Fox** Introduction ................................. ................. 49 I. The Biopolitics of Race....................................52 II. The Genetics of Appearance .......................................61 III. Suspect Identification Doctrine .............................66 IV. Suspect Identification Theory ...................................72 Conclusion..............................................79 Introduction Eyewitness accounts of a suspect's race are notoriously unreliable.' Suspect profiles that emphasize race tend to include too many suspicionless individuals whose appearance corresponds to underspecified expectations The first part of the title comes from Erin Murphy, The New Forensics: Criminal Justice, False Certainty, and the Second Generation of Scientific Evidence, 95 CAL. L. REV. 721 (2007). Murphy argues that forensic reliance on information databases has attracted scholarly interest in a new class of second-generation technologies such as DNA databases, fMRI imaging, and biometric scanning. Whereas first-generation forensic tools like blood tests, handwriting samples, and fingerprinting can confirm or refute the guilt of a known suspect, integration of databases equips second-generation tools for proactive searches of unknown suspects. The power of second-generation tools has led scholars to discount forensic applications beyond the database. I try to show why this neglect is a mistake. - Law Clerk to Hon. Stephen Reinhardt, U.S. Court of Appeals for the Ninth Circuit. Yale Law School, J.D. 2010; Oxford University, D.Phil. 2007; Harvard College, A.B. 2004. Thanks to Jay Aronson, Jack Balkin, Richard Banks, Teneille Brown, Robert Burt, Bennett Capers, David Caudill, Mildred Cho, Troy Duster, Jeffrey Fagan, David Faigman, Lisa Faigman, Nita Farahany, Brandon Garrett, Hank Greely, Edward Imwinkelried, Dan Kahan, David Kaye, Jonathan Kahn, Jamie King, Michael Klarman, Kelly Lowenberg, Michael Malinowski, Tracey Meares, Erin Murphy, Osagie Obasogie, Alex Pollen, Nicole Ries, Lawrence Rosenthal, David Rudovsky, Barry Scheck, Peter Schuck, Mark Shriver, Alex Stein, Jennifer Kristin Wagner, and to workshop participants at Hastings Law School, Stanford Law School, and Vanderbilt Law School, where earlier versions of this Article were presented. 1. See infra notes 137-162 and accompanying text. 49

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