The violence related to gang activities is considered to be one of the worse crimes committed, other than murder because it violates the peace of individuals in the neighborhood and increases panic or fear. Not to mention, the gang members who commit these crimes are usually repeat offenders. In order to understand the full depth of gang related charges, we must first understand what a gang is, the various offenses gang members usually commit, crime defense strategies and how law enforcement classify gang members; since this classification is critical in a gang member’s defense and whether they would endure a gang related charge in the first place by the prosecution.
The Meaning of a Gang Affiliation
For the purposes of our discussion, the federal definition of a street gang member is defined as [ an association of five individuals or more whose primary purpose is to engage in criminal activities. These activities must have occurred within a five-year timeframe in a continuous pattern of illegal offenses. And the activities must affect the people of the community, or affect the foreign and interstate commerce] (Jensen). In the next portion of this discussion, we will analyze the types of offenses or crimes the gang members are commonly known to commit during their gang affiliation.
Types of Offenses Committed by Gang Members
There are many crimes that are committed by gang members which will cause them to become arrested immediately. Some of these crimes have to be committed in order to show loyalty to the gang, or to retain his or her current membership. The most common crimes amongst gang members are [carjacking (unauthorized possession of another individual’s automobile), drive by shootings (intentionally drawing a weapon from an automobile window either to harm another person or out of acts of randomness), home invasions (breaking into another person’s home without voluntary consent), weapon related violations (carrying a concealed weapon) , gang recruitment (knowingly or recruit a minor for gang affiliation), gang participation (actively participating as a member of a gang) , gang related clothing or dress code (accessories or clothing which symbolizes gang participation), forfeiture (any instruments or money given while being a member of an gang), graffiti ( maliciously writing or damaging other property for amusement) and being a public nuisance (the engagement of organized criminal activity)] (Cardie).
Law Enforcement Classification of Gang Members
Law enforcement officers classify gang members in five distinctive categories based upon their active participation inside of the gang and their ages. The first category consists of minors who are ages seven through nine years of age and who hold some association with gang members. Although, the minors at this age have their own separate category, law enforcement will not charge these small children as members of a gang. The second category is made up of children between the ages of nine and thirteen years old. They are affiliates of the gangs and have not engaged into any serious criminal activity, although they may serve as lookouts when gang members commit actual crimes. The third category is with members ages fourteen through twenty years old. Their position is perceived as a peripheral or as an affiliate. The fourth category of classification are the actual gang members. These individuals are characterized by law enforcement officers as hardcore and may even be a founding member of the gang. The final and fifth category, is the leader of the gang.
This individual is always at the top of everyone else and stays behind the scenes to plan their gang related activities, for instance, beating up rival gang members, robbing a bank to feed all of the gang members, etc. In many scenarios, the lower ranking gang members are willing to give their freedom, or their very lives for the fifth category leader of the gang. Next, we will review the actual charges that a gang member would be faced with once they commit illegal crimes.
Crime Defense Strategies
Each various crime committed by a gang member carries a different level of offense. For instance, in the State of California, [even if an adult is perceived to be actively participating in a gang, a judge will give either three sentences which are a) a year in the local county jail, b) a felony that carries a two-year prison sentence and c) three years or more inside of a federal state prison] (Law Group). In order to avoid these stiff penalties and gang related charges, the lawyers always utilize a particular strategy to avoid imprisonment at all costs. Some of these strategies might be to doubt the evidence, which may be extremely effective when there are only witnesses who may have to state whether the accused offender is part of a gang. It can be difficult to rely exclusively on hearsay. While on the other hand, members who are only associates of a gang are not perceived as gang members.
Conclusion
In conclusion, gang related charges or offenses are given based on the severity of the crime and category of the gang member. In addition, the gang members depending upon their leveled categories for classification, local, state and legislation are enforcing extra policies while dealing with gang members for their charges and protecting the citizens of these neighborhoods in general. An example of this is by two policies in particular which are the Street Terrorism Enforcement and Prevention Act, and the Safe Streets Act. The first policy, Street Terrorism Enforcement and Prevention Act utilizes the past and present crimes committed by gang members as a foundation to create specific sentence enhancements. This policy is important because it helps to turn a specific crime such as attempted murder into a more generalized crime. The second policy, the Safe Streets Act aims to expand the intelligence and educational pursuits of local law enforcement officers so that they are not outsmarted by these gang members. It is a very dangerous task to hunt down multiple members who committed the same crime, therefore police officers must be skilled and strategic to deal with such scenarios. Furthermore, there are other future polices that members of legislation are currently working on to crack down on gang related charges and their activities. These policies consist of [ strengthening the witness protection programs because whenever an innocent bystander informs law enforcement of an affiliated gang member crimes, then that person’s life and their families lives become in danger. Another future policy is to lower the age on the juvenile gang related charges so that the minors could be tried as adults] (Cardie). Federal prosecution believes that all gang members, regardless of their age must pay the full price for disturbing the order of society through gang activity.
Works Cited
Cardie, Mike. "Into The Abyss: Gang-Related Legislation, Part 2". People.missouristate.edu. N.p., 2012. Web. 30 May 2016.
Jensen, Erik. "Gang Crimes Lawyers - Gang Crimes Philadelphia PA". Best Philadelphia Attorneys | Top Philadelphia Lawyers | Law Offices Philadelphia. N.p., 2015. Web. 30 May 2016.
Law Group, Shouse. "The "Gang Enhancement" In California | Penal Code 186.22 PC". Shouselaw.com. N.p., 2016. Web. 30 May 2016.
