"A superior's 'duty to punish' arises after the commission of an offense. It is predicated upon offenses by others which have already occurred, not future offenses. Punishment is, therefore, intended to deter the commission of future offenses."

Acknowledgements

This report was written by Reed Brody, special counsel with Human Rights Watch. Research assistance was provided by: John Sifton, Afghanistan researcher, Katherine Kruk, intern; Joshua Franco, Warisha Farasat, and Kamran Serhat Choudhry, students at Columbia Law School, and Katherine Hawkins, student at Harvard Law School. Joe Saunders, deputy program director, edited the report; Wilder Tayler, legal and policy director, and James Ross, senior legal advisor; provided a legal review. Tom Malinowski, Washington advocacy director, added helpful comments. Rania Suidan, associate, prepared the report for publication, together with Katherine Kruk. Andrea Holley, publications director for Human Rights Watch, and Fitzroy Hepkins, mail manager, made possible the production of this report. I luman Rights Watch is grateful to the Center for Constitutional Rights and to the Center for Human Rights and Global Justice of NYU School of Law for sharing their legal analyses with us.

Human Rights Watch would also like to thank the Atlantic Philanthropies and Franz Allina, who helped made this work possible.

REPORT, AMERICAN CIVIL LIBERTIES UNION, "SANCTIONED BIAS," FEBRUARY 2004

SANCTIONED BIAS: Racial Profiling Since 9/11

Published February 2004

THE AMERICAN CIVIL LIBERTIES UNION is the nation's premier guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and freedoms guaranteed by the Constitution and the laws of the United States.

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Table of Contents

Introduction

Ethnic Profiling Has Become Official Government Policy ...

The Secret Roundup

FBI Questioning of Arab, Muslim and South Asian Men

Special Registration Program

"Racial Profiling Is a Lazy Method of Law Enforcement".

The Human Costs

Recommendations

Conclusion

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.11

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