The often misused term
profile
is best restricted to investigative tools used to narrow down likely suspects and establish reasonable suspicion necessary to justify an action in the field. Reasonable suspicion is reviewed on a case‐by‐case basis to assure protection of suspect rights. As evidence at trial, profiles easily become little more than a means to either link a defendant to undesirable traits or stereotypes; or for the defense to attribute by association positive or sympathetic attributes to a defendant. Although behavioral science evidence may be proffered for use at trial, including statistical compilations, such evidence should have relevance to the applicable party as an individual, and the term
profile
avoided when possible.
Expert testimony concerning a trait of an accused may only be used as evidence that the accused possesses such a trait. It must be left to the jury to determine whether and how such a trait may influence the facts of the case. While the term
profile
may appear to give behavioral evidence an aura of scientific respectability, such labels themselves do nothing to enhance the stature of the substantive underlying observations. In fact, if anything, good science and credible observation are more readily accepted without them.