Conclusion:
In a wider perspective, the issue of police profiling is merely one type of constitutionally impermissible tactics that may require re-evaluation under the exigent circumstances posed by the prospect of continued domestic terrorism. More than one renowned legal authority (Dershowitz 2002) has suggested that extensive domestic terrorism justifies at least temporary suspension of other constitutional principles, such as torture.
However, unlike medieval authorities who implemented torture as punishment, the idea is that authorities may someday find themselves faced with the dilemma of an imminent large-scale terrorist attack of tremendous magnitude whose means of prevention beforehand is known to an individual in custody who refuses to divulge the information necessary to prevent the attack. Where casualties of nuclear, chemical, or biological weapons may amount to hundreds of thousands or even millions, it may be appropriate to allow for the application of a torture warrant through the same procedures as currently used in connection with other types of warrants (Dershowitz 2002).
In general, due process and equal protection prohibit arbitrary and capricious exercise of governmental police authority. However, the potential justification for police...
Ultimately, the greater the potential harms at issue, the greater the price of erring on the side of civil liberties.
References
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Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
Friedman, L. (2005) a History of American Law. New York: Touchstone Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd ed.
Cincinnati, OH: West Legal Studies
Shusta, R., Levine, D., Harris, P. (2007) Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society. Princeton, NJ: Prentice Hall.
Peak, K. (2002) Policing America: Methods, Issues, Challenges 3rd ed. Princeton, NJ: Prentice Hall.
Schmalleger, F. (1997) Criminal Justice Today.
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Academy of Criminal Justice Sciences Mar 2004
