The intersection of racial profiling research and the law

There has been a significant increase in the litigation of selective enforcement cases based on racial profiling claims. This trend has resulted in two legal issues that are problematic for racial profiling research. First, selective enforcement claims that rely on statistical evidence must successfully measure “similarly situated persons” who were eligible for police stops to provide a comparison against those actually stopped by police. Second, the research must demonstrate “how much” statistical evidence of racial/ethnic disparities exists. Although these legal components are necessary for successful selective enforcement claims, the methodologies and statistical analyses currently used in racial profiling research cannot adequately address these issues. It is argued that the over-reliance on social science research, in general, and statistical techniques, specifically, to provide evidence of discrimination in selective enforcement cases places policing research and legal decision making at a crossroads.