Deck 4: Racial Profiling and the Law: Brian Withrow Jeffery D.Dailey

Question 1

A search predicated by a police officer solely on the basis of an individual's race or ethnicity is a violation of

A) The exclusionary rule.
B) The Eighth Amendment.
C) The Fourth Amendment.
D) The Fourteenth Amendment.

Answer 1

C

Question 2

Using a conceptual definition of racial profiling, a plaintiff must prove

A) That the officer knew the race of the driver prior to initiating the stop.
B) That the officer was inappropriately influenced by the individual's race when making the decision to stop.
C) Both a and c.
D) Neither a nor c.

Answer 2

C

Question 3

Likely the best legal remedy for plaintiffs who allege an entire police department is engaged in racial profiling is

A) The Fourth Amendment.
B) Title 42 U.S.C., Section 14141 (Pattern and Practice).
C) Section 1983.
D) The Fourteenth Amendment.

Answer 3

B

Question 4

An allegation that members of a specific racial group are subjected to more punitive enforcement decisions would be legally based on

A) The Fourteenth Amendment.
B) Title 42 U.S.C., Section 14141 (Pattern and Practice).
C) The Fourth Amendment.
D) The Civil Rights Act of 1968.

Question 5

One of the most common problems experienced by plaintiffs who allege racial profiling is

A) They are unwilling to testify against the police.
B) The courts are not willing to rule against the police.
C) The difficulties associated with measuring the racial composition within the driving population (i.e., the benchmark).
D) Finding the funds necessary to file a legal case.

Question 6

Using an operational definition of racial profiling, a plaintiff must prove

A) That the officer knew the race of the driver prior to initiating the stop.
B) That the officer was inappropriately influenced by the individual's race when making the decision to stop.
C) That members of certain racial or ethnic groups are (overall) more likely to be stopped by the police.
D) All of the above.

Question 7

One of the key differences between "successful" and "unsuccessful" racial profiling cases is

A) Successful litigants have more money.
B) Successful litigants are able to produce corroborative evidence of racial animus.
C) Successful litigants have better attorneys.
D) Successful litigants hire better experts.

Question 8

The leading case in racial profiling is

A) State of New Jersey v. Pedro Soto, 734 A. 2d 350 (N.J. Super. Ct. Law Div. 1996).
B) Melendres et al. v. Arpaio et al., No. CV 07-02513-PHX-MHM (2008).
C) Wilkins v. Maryland State Police, Civ. No. CCB-93-468 (D. Md.).
D) Whren et al. v. United States, 517 U.S. 806 (1996).

Question 9

Racial profiling data (i.e., police-stop study data) collected at the aggregate level are

A) Always useful in proving an individual officer is racist.
B) Never useful in proving an individual officer is racist.
C) Seldom used in racial profiling litigation.
D) Always considered solid proof of racial profiling.

Question 10

Likely the best way to overcome the accuracy issues relating to benchmarks used in racial profiling research is

A) To simply not use a benchmark and let the statistics speak for themselves.
B) To use the latest data from the U.S. Census Bureau.
C) To use an internal benchmark.
D) To calculate a level of precision (error) for each benchmark.