Are There Legal Gangs

An oft-repeated claim is that gangs are migrating to areas that were not previously affected by gang activity to expand their drug trafficking (sometimes referred to as “franchising”). However, as we saw in FAQ number 8, the overlap between gangs and drugs is often exaggerated. Therefore, there is a need to thoroughly investigate the extent of gang member migration, as well as the reasons for the movement of gang members to other jurisdictions. Building on research conducted in the 1990s, the NYGS recently examined the issue of gang migration from the perspective of a nationally representative sample of law enforcement agencies in the United States. Because of the inherent limitations of law enforcement data and ethnographic studies, it is preferable to determine the proportion of adolescents and young adults who join street gangs through self-reported studies of a particular target audience. Based on a national study properly weighted to be representative of all teens, recent research found that about 8 percent of all teens joined a gang in their twenties. This estimate is also very dynamic. In a multi-site study conducted in cities where gang problems are known and significant, the percentage of teens who joined gangs peaked in their early teens and declined sharply thereafter. Of course, these estimates vary by location and are highly dependent on the type of gang problem observed in a given community.

Studies conducted in some urban cities with long-standing gang problems found that 15% or more of teens joined a gang at some point during their teenage and teens. The results of this analysis suggest that gang member migration is remarkably dynamic and is not accurately represented based on unique migration reports for franchising purposes. (See also the NGC`s Summer 2012 and Winter 2013 newsletters). First, most of the organizations that reported the migration of gang members to their jurisdiction were agencies that already had an established gang problem and organizations that were primarily located in urban areas. That is, outside of metropolitan areas, gang migration was rarely reported, and when it did occur, it usually followed an already established local gang problem. Second, the relative size of migrant gang members was typically small relative to the total number of gang members. A clear majority of non-metropolitan organizations reported that migrant gang members represented a relatively small percentage (less than 25%) of gang members in their jurisdiction. Conversely, very few organizations reported that gang members accounted for more than half of their documented gang members.

Third, the reasons for the movement of gang members were not as criminal as is generally believed, according to law enforcement officials. In fact, the migration of gang members for (legitimate) social reasons, such as moving to find a job or educational opportunities, far outweighed illegitimate reasons (p. e.g., drug distribution, other illegal activities, recruitment) than the motivators of gang migration. Whether a person is part of a gang or an “aspirant” when committing a crime; The legal system cannot tell the difference and will force them to pay the price. Texas has such a law. The State of Montana makes it illegal to intentionally threaten a minor, that is, a person under the age of 18, with physical violence on two or more different occasions in order to force, incite or ask the minor to actively participate in a criminal street gang whose members engage in a pattern of criminal street gang activity. Given the racial and ethnic division by socioeconomic criteria across the country, the largest percentage of gang members in the NYGS are minorities, with about half reported as Hispanic/Latino and about one-third as African-American/black. About 10-15% of gang members are reported as white or Caucasian.

An inter-site study of school-aged adolescents reveals comparable proportions. In contrast, a national survey of teens reported a much smaller percentage of blacks (25 percent) and Hispanics (19 percent). It is clear that there are large differences in the racial/ethnic composition of gangs between cities, counties, and states, but ultimately, this descriptive feature of the gang problem is best seen as a reflection of the social and economic inequalities that persist in the United States. 31 See, for example, United States v. Ayala (4th Cir. 2010) (with the conclusion that there is no obstacle to dual criminality in punishing an accused for both a murder plot under 1959 (a) (5) and an extortion conspiracy under 1962 (d) if the offences result from the same conduct); United States v. Nascimento, 491 F.3d 25, 48 (1st Cir. 2007) (stating that a defendant may be punished for both a VICAR conspiracy and a RICO material offence; United States v. Merlino, 310 F.3d 137, 141 (3d Cir. 2002) (stating that a VICAR offence requires proof of an element that does not require the RICO offence, and vice versa, they are different offences within the meaning of the double criminality clause).

A community`s responses to its gang problem must be based on a sound theoretical understanding of gangs – their social patterns and the behaviour of their individual members – as well as on programs and practices supported by systematic research and successful experience in the field. Once a community recognizes that there is a problem with a youth street gang, a thorough assessment is required to determine the specific components of the problems, analyze the causes, and determine the resources currently available as well as the resources required (see the Complete Guide to Evaluating the Gang Model). Such an assessment can reliably measure the breadth and depth of the youth and gang problem in a particular community. For more than 20 years, Gaxiola & Litwak Law Group has successfully defended individuals against gang charges and other serious crimes. We will fight tirelessly to defend your legal rights and build you a strong legal defense. We are available 24/7 and are available for legal representation throughout the state of Arizona. The NGIC integrates gang information from all federal, state, and local law enforcement agencies on growth, migration, criminal activity, and gang connections that pose a significant threat to the United States. It supports law enforcement by sharing accurate and timely information and providing intelligence analysis. 2. Youth gangs are responsible for a disproportionate number of homicides. In Los Angeles and Chicago – arguably the most populous gang cities in the United States – more than half of reported homicides are attributed to gangs. Approximately 2,000 gang-related homicides per year.

In general, gang membership laws target people who are not necessarily confirmed, card-bearing members of a criminal gang.

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