As declared by Ed Royce: “ This bill is a comprehensive plan, that will increase gang related prosecutions, and prevent gang related crime. “ (House Passes Gangbuster ...S. Congressman Ed Royce) However, here a precision is necessary. If we have a doubt about gang 's involvement into criminal activities it 's not per se sufficient to persecute anyone, in only constatating the fact of the occured or possible to be occured in the future crime. Proofs are necessary.”The illegally obtained evidence may be suppressed, Wong Sun v. United States, 371 U.S. 471 (1963). ( https://supreme.justia.com/cases/federal/us/371/471/case.html) We are in the US, gang 's like all others members, which beloning to a group have the rights to geather, for the free speach, under the 1st and 4th Ammendment. “Trus, the United States Supreme Court has stated that the guarantees of the Fourth Amendment do not allow stopping and demanding identification or information, or taking photographs from individuals without any specific basis for believing they are involved in criminal activity, Terry v. Ohio, 392 U.S. 1 (1968) (https://www.law.cornell.edu/supremecourt/text/392/1) and Brown v. Texas, 443 U.S. 47 (1979).” (https://supreme.justia.com/cases/federal/us/443/47/case.html) So, here it will be interesting to understant which will be the approach of the police while arresting gang 's members in the street. The situation can be fast the opposite, once in the court and the arestee will charge
Being arrested is treated like a game to many people that are etched into the gang life. Many of the gangs that terrorize cities all over the United States are also established inside of prison. A lot of the time these members are the hardest of the hardest. The members will trade people for tangible items such as drugs, food, money, cigarettes, and many more things. Gangs are able to get a lot of tasks done in prison even though there is police or guards watching the moves the men and women are taking. People believe that arresting these members is putting a stop to the gangs and teaching them a lesson but in all actuality these men and women are just being taken off the streets to do the exact something while incarcerated. Even though they are carrying out the same actions in prison it is much better than outside because there isn’t other people and children at risk.
Chapter five, “Form, Function and Management of the Police Gang Unit,” analyzes the police response to gangs by examining the structure, functions and management of
they need to pay the polices, who are suppose get rid of the gangs. Therefore, the
Even though gangs provide a sense of support, the "values" instilled in members are horribly dangerous to society. Murders and drive-by shottings go unpunished more often than not in areas like the Henry Horner Homes. Gangs have become powerful enough that high-ranking members who are forced to face the law are protected by high-priced attorneys and investigators (163).
Cal. Evid. Code § 352 (West. 2016) Evidence of gang membership cannot be admitted when the sole relevance is to show the defendant’s criminal propensities or bad character; such evidence is only admissible when it is logically relevant to a material issue in the particular prosecution. People v. Perez (1981) 114 Cal.App.3d 470, 477. The court can admit this relevant gang evidence to establish the defendant’s motive, intent, or some fact concerning the charged offenses so long as the probative value of the
The courts feel that with the alliance with other law enforcement agency officials that the group can put away the Very Bad Bike Club for a long time. Gang Cases often bring advantages to them when they go to court. “First, many states have passed special anti-gang legislation, and many local jurisdictions have invoked old civil
“Gangs have morphed from social organizations into full-fledged criminal enterprises” (Thomas, 2009, para 5). Gangs are highly sophisticated and more dangerous then ever. The number one reason to join a gang is money; and 95 percent of gangs profit comes from drug dealing
Although detectives are working hard on the case to prevent further chaos between these two groups, the lack of witness and evidence is slowing them down. This information, provided by the gang-crimes unit, is unfortunate but not so unusual. The fear gangs have put into the community is the cause to blame.
INTRODUCTION Criminality associated with gang participation and membership is a growing problem within the criminal justice system, as the FBI states that “33,000 violent street gangs, motorcycle gangs, and prison gangs with about 1.4 million members are criminally active in the U.S. and Puerto Rico today. Many are sophisticated and well organized; all use violence to control neighborhoods and boost their illegal money-making activities, which include robbery, drug and gun trafficking, prostitution and human trafficking, and fraud. Many gang members continue to commit crimes even after being sent to jail” (Gangs, 2016). The growing attention to gang associated criminality has been the focus of many local, state, and federal agencies simply
In addition to the issue of defining a gang, the reasoning and motivation behind the use of violence by these groups of individuals appears. It is quite difficult to identify whether a crime is gang related or not, such as in the case of the shooting of Randall Barrs. One definition of gang related crimes are that they must be committed within the group context and clearly promote the goals or interests of the gang (Mares 2010; Rosenfeld et al. 1999; Howell 1999). This creates the debate in regards to whether individually motivated crimes are still gang related. The importance of this pertains to how gang related crimes would be documented within the justice system. However there is no dilemma in seeing the positive relationship amongst gang memberships and violent crime. Klein (2006) finds that youth who self report their gang involvement are four to six times more likely to engage in serious violence than youth who are not gang-involved. Howell (1998) states that official police statistics from the United States show that gang members are twenty times more likely than other at-risk youth to engage in a drive-by-shooting, ten times more likely to engage in a homicide, eight times more likely to commit robbery and three times more likely to engage in an aggravated assault. In addition gang members are also more likely to carry weapons such as firearms and use them (Wortley 2008). Studies have shown that gang violence is more likely to occur in public places, involving
Typically viewed upon by stereotypes, assembled from occurrences and news releases in America’s history of gang violence, the law enforcement in the past has taken contentious action against gang suspects but, through observations, police force aggression has been perceived of being at a higher risk of causing resentment from adolescents when dealing with the suspected ‘members’. In fact, severe penalties such as detention have been associated with an increased likelihood of re-offending and a 2002 study showed that young people who went to a youth justice conference were 15-20% less likely to re-offend than young people who went to court for similar offence. A report released by the NSW Ombudsman in 1999 showed that young people are far more likely than adults to be searched and moved on by police. Many organisations, like OxGang Research Network, and other directed projects, such as the Youth Gang: the Australian Experience project, have made it their goal to ‘study’ the behaviours and
To control gangs, law enforcement agencies have used preventive approaches, including community organization, social intervention, opportunity provision, suppression and organizational change (Spergel, 1990). Not unlike the ones that were talked about earlier. Suppression has historically been a major strategy used by police and involves targeting gang leaders and hard-core members for surveillance, arrest and prosecution. However, the Illinois State Police Criminal Intelligence Bulletin (1992), noted that even though street gangs are involved with drugs, murders, sexual assaults, armed robberies, burglaries and automobile thefts, almost 60 percent of local and county police agencies did not have officers assigned to gangs on either a
Gang brutality insights show that are down somewhat from earlier years, yet keep on increasing subsequently to the early piece of the era. As indicated by gangs, around 60,000 gang related captures
The presence of gang violence has plagued the United States for many years. Although it is more active in some parts of the country than others, gang violence affects every American: either monetarily as a taxpayer or directly as a victim. Regardless, it is a concern of every individual; therefore, the criminal justice system has been addressing it for years in different ways. The approach of emphasizing harsh punishments has been implemented for quite some time now and it remains to be an accepted tactic. Despite its popularity, the implementation of harsh punishments has been shown to be counterproductive. It continues to spread ignorance, which is eluded by politicians and the
Throughout the United States, empirical articles have been researched and documented the gang problems that reside within a large number of our cities and urban communities, and so not long ago it has become possible to study the relationship between violent victimization and gang membership.