Is profiling a
constitutionally-permissible weapon in the War on Terror? Yes
Let's start with a simple quiz:
Suppose that the National Traffic Safety Board has determined, after an
exhaustive study and in the face of overwhelming empirical data, that the new
Jeep Hindenberg rolls over and explodes. In light of this information, the
federal government should:
a. Order the immediate recall of all
current model Jeep Hindenbergs; or
b. Order all automobile
manufacturers GM, Ford, Chrysler, Mercedes, Toyota, etc. etc. to recall
every tenth car at random. Recalling only Jeep Hindenbergs would violate the
Equal Protection principle, and it might hurt some people's feelings.
If you checked "a," you're
ready to have a serious discussion about profiling. (If you look across the
page, you'll see that my partner David wants you to check "b." Would
you buy a Jeep Hindenberg from him?)
Ready or not, serious discussion
about profiling is underway. If the criminal defense bar is unwilling
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