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Legal Implications of Profiling Students for Violence

NCJ Number
189859
Author(s)
Kirk A. Bailey Esq.
Date Published
2001
Length
29 pages
Annotation
This U.S. Department of Justice funded study attempted to outline the legal and ethical concerns in the use of profiling techniques in predicting youth violence in an educational setting.
Abstract
In this U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention funded study, predicting violent activity using a youth violence profile in schools raised several legal and ethical concerns focused on the validity and use of profiles as social science evidence and the impact of potential discrimination, search and seizure, and the implications for privacy. Profiles are typically useful when they properly establish reasonable suspicion to stop an individual. Schools raise more problematic constitutional issues when they support referring a student to alternative educational services. Where profiles identify students based on race, gender, or proxies for these characteristics, it is invalid. In addition, profiles present significant problems for confidentiality. All these issues rest on fundamental concerns about the general validity of profiles as scientific tools, as well as their objectivity, accuracy, sensitivity, over-inclusiveness, and general scientific acceptance. Schools are different places with different rules, norms, and customs than airports or other places where profiles are conducted. In summary, the use of profiles in a school setting is highly problematic and controversial. References