Addressing the need for a uniform definition of gang-involved crime. (Perspective).A key issue in combating youth gangs is providing a uniform definition for them, distinguishing them from troublesome youth groups and adult criminal organizations. (1) "A group must be involved in a pattern of criminal acts to be considered a youth gang. These groups typically are composed of only juveniles, but may include young adults in their memberships." (2) "A criminal street gang refers to three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities." (3) "A street gang is a cohesive cohesive, n the capability to cohere or stick together to form a mass. group, with most members between the ages of 11 and 21, that has a recognizable geographical territory (usually defined with graffiti graffiti Form of visual communication, usually illegal, involving the unauthorized marking of public space by an individual or group. Technically the term applies to designs scratched through a layer of paint or plaster, but its meaning has been extended to other markings. ), leadership, a purpose, and various levels of organized continuous course of criminal activities." (4) These three examples of what constitutes a gang illustrate the variety of definitions of the term. With the surge in gang-involved criminal activity over the past 20 years, it would seem likely that the law enforcement community would have a commonly recognized definition for what typically is called gang-related or gang-motivated crime. The need for such a definition within the community would appear obvious on its face. However, a review of published books, articles, and law enforcement policies revealed that no uniform definition used openly articulates what constitutes a gang-involved crime. (5) Rather, considerable differences existed in what the law enforcement profession considers as gang-related or gang-motivated crime. Such variations in definitions and reporting characteristics can lead to inaccurate and unreliable gang-related crime statistics, which, in turn, can distort any national estimate of the gang problem and the extent of gang-related crime. What can the law enforcement community do to rem edy this? THE IMPORTANCE OF UNIFORMITY "The definition problem is not trivial TRIVIAL. Of small importance. It is a rule in equity that a demurrer will lie to a bill on the ground of the triviality of the matter in dispute, as being below the dignity of the court. 4 Bouv. Inst. n. 4237. See Hopk. R. 112; 4 John. Ch. 183; 4 Paige, 364. . How to define a youth gang is one of the most contentious issues in the field of youth crime. Policymakers, law enforcement personnel, social service agencies, researchers, and other groups have not been able to reach consensus on this issue over the past 25 years, and current efforts to reach this goal have thus far met with only limited success. There is little disagreement among those who study or deal with gangs that the availability and widespread use of a uniform definition would be extremely useful for a variety of important purposes, but few are willing to relinquish and replace the definitions that have become established within their agencies and are intimately related to agency operations..." (6) Herein lies the issue that can lead to vagueness, conflict, and denial, without a uniform gang-involved crime definition. With these difficulties in mind, the author suggests a uniform gang-involved crime definition that he believes can consider both the gang member-based and activity-based is sues. Adoption of a uniform policy would benefit the entire law enforcement community in several ways. * All in law enforcement could communicate in the same "definition language" and would understand what someone from another agency meant when referring to a gang member or a gang-involved crime. * Law enforcement officers would better understand their own agency's policy on gang-member and gang-involved crime definitions and could apply those definitions when documenting gang reports and investigating gang-involved crime. * Officers could provide more complete and accurate information in police reports. improving the content and accuracy of police records. * Databases from different agencies could share information in common terms, reducing confusion about whether a person is a gang member and in which, if any, jurisdiction. * Trainers could communicate the same information when instructing law enforcement personnel on gang awareness, identification, investigation, prosecution, and prevention. Training materials would cover the same information and criteria. * Commonality com·mon·al·i·ty n. pl. com·mon·al·i·ties 1. a. The possession, along with another or others, of a certain attribute or set of attributes: a political movement's commonality of purpose. would exist when discussing gang members or gang-involved crime with prosecutors, thereby aiding in the case presentation at trial for motive (common design) and method of operation, as well as sentencing proceedings. * Courts and juries would better understand the testimony of expert witnesses on the issue of gang members and gang-involved crime as departmental, or even state or federal, law enforcement operating guidelines guidelines, n.pl a set of standards, criteria, or specifications to be used or followed in the performance of certain tasks. would document the explanations given by these witnesses. * Corrections facilities would better understand incoming inmates and their gang involvement, if any. For these reasons, as well as others, the law enforcement community should address the need for a uniform gang-member definition. A set of definitions--open enough to encompass all of the relevant criteria, yet specific enough for courts to accept and uphold--incorporated into a model operational policy could offer a workable and practical solution for classifying gang members and gang-involved crime. A MODEL POLICY The author offers this policy as an example of addressing the current need for a uniform definition for gang crime and gang members and to outline a set of working guidelines for the law enforcement community. The definitions include, but are not limited to, members and associates of criminal street gangs, criminal motorcycle motorcycle, motor vehicle whose design is based on the bicycle. The German inventor Gottlieb Daimler is generally credited with building the first practical motorcycle in 1885. The motorcycle did not become dependable and popular, however, until after 1900. gangs, criminal hate groups, and criminal extremist groups. Definitions * Criminal gang: A group of people following a common code of conduct, having common beliefs and identifiers, existing in a semistructured organization or hierarchy, and attempting to accomplish their goals through criminal activity. * Criminal gang member/associate: A person involved with a criminal gang who either bears a tattoo tattoo, the marking of the skin with punctures into which pigment is rubbed. The word originates from the Tahitian tattau [to mark]. The term is sometimes extended to scarification, which consists of skin incisions into which irritants may be rubbed to produce that represents a specific gang or states his or her membership in a specific gang. In addition, a combination of two or more of the following items can establish criminal gang association in a specific criminal gang and two or more of these on three or more occasions can establish criminal gang membership in a specific criminal gang; wears clothing that contains the colors or symbols of a specific criminal gang; exhibits jewelry jewelry, personal adornments worn for ornament or utility, to show rank or wealth, or to follow superstitious custom or fashion. The most universal forms of jewelry are the necklace, bracelet, ring, pin, and earring. that represents a specific criminal gang; displays hand signs or other gestures or speaks a slogan A slogan is a memorable motto or phrase used in a political, commercial, religious and other context as a repetitive expression of an idea or purpose. Slogans vary from the written and the visual to the chanted and the vulgar. of a specific criminal gang; associates with known criminal gang members at established criminal gang locations or hangouts; and has information meeting any of these criteria verified by a law enforcement agency Noun 1. law enforcement agency - an agency responsible for insuring obedience to the laws FBI, Federal Bureau of Investigation - a federal law enforcement agency that is the principal investigative arm of the Department of Justice . * Gang-involved crime: Any criminal acts, including but not limited to those, involving gang members or gang associates committed for the benefit or furtherance fur·ther·ance n. The act of furthering, advancing, or helping forward: "Pakistan does not aspire to any . . . role in furtherance of the strategies of other powers" Ismail Patel. of any criminal gang or analyzed an·a·lyze tr.v. an·a·lyzed, an·a·lyz·ing, an·a·lyz·es 1. To examine methodically by separating into parts and studying their interrelations. 2. Chemistry To make a chemical analysis of. 3. by a law enforcement officer with specialized spe·cial·ize v. spe·cial·ized, spe·cial·iz·ing, spe·cial·iz·es v.intr. 1. To pursue a special activity, occupation, or field of study. 2. training in identifying criminal gang associates, members, or gang activity based on a reasonable application of that specialized knowledge who can articulate facts that indicate criminal gang involvement. Reporting Instructions Agencies should classify clas·si·fy tr.v. clas·si·fied, clas·si·fy·ing, clas·si·fies 1. To arrange or organize according to class or category. 2. To designate (a document, for example) as confidential, secret, or top secret. criminal incidents that involve a person or activity that meets the definitions for a criminal gang, criminal gang member/associate, or gang-involved crime as a gang-involved crime. A gang-involved crime report must have the appropriate boxes (criminal gang member/associate involved as a victim, suspect, or complainant A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy an alleged wrong. An individual who files a written accusation with the police charging a suspect with the commission of a crime and providing facts to support the allegation ; criminal gang identifiers involved; and criminal gang activity involved) checked in the gang-involved crime section of the report. The incident report should document all known details and facts of criminal gang members/associates or criminal gang activity involved in the incident. In the event that the incident does not require a report, officers should document the information on a criminal gang member/associate information form or an investigative information report. In either case, officers should submit these documents to their supervisor for approval. After approval, the supervisor forwards the documents to the records division for data entry and then to the appropriate investigative division. The supervisor also should include any relevant information for immediate street operations planning on the appropriate shift pass-along information file in the computer system. This information then becomes available for crime suppression operations planning by patrol and special operations Operations conducted in hostile, denied, or politically sensitive environments to achieve military, diplomatic, informational, and/or economic objectives employing military capabilities for which there is no broad conventional force requirement. supervisors when applicable. Training All officers should receive training on gang awareness and identification. Training objectives should provide relevant information on-- * definitions of a criminal gang, criminal gang member/associate, and gang-involved crime; * legal issues addressing criminal gang member/associate identifications, field stops, and investigations; * criminal gang identifiers and common types of criminal gang activities; * locations typically used by criminal gangs; and * effective street investigation tactics and techniques for criminal gang activity and gang-involved crime. Information Sharing See data conferencing. Information sharing is critical to effective law enforcement planning. Agencies should use ganginvolved crime information for analysis purposes, including, but not limited to, crime-occurrence mapping, crime statistics, crime patterns and trends, police resource allocation resource allocation Managed care The constellation of activities and decisions which form the basis for prioritizing health care needs , crime suppression planning, and community-oriented policing A philosophy that combines traditional aspects of law enforcement with prevention measures, problem-solving, community engagement, and community partnerships. From the 1930s to the 1960s, U.S. law enforcement relied on a professional policing model. direction. Agencies should produce daily gang information bulletins based on the review of gang-crime incident reports, criminal gang member/associate information forms, investigative information reports, and other relevant data. They can use these bulletins, documented in the shift information computer file, not only for in-services but every day throughout each shift. They also can use them in planning crime suppression operations and for crime analysis. In addition, agencies should review current crime-mapping printouts at in-services, along with any relevant crime analysis information. Crime analysts should compile To translate a program written in a high-level programming language into machine language. See compiler. weekly, monthly, quarterly, and annual reports and distribute them to all supervisory and command-level personnel, along with statistical reports showing comparisons of historical patterns, current levels, and future forecasts of potential trends. These reports should serve to keep a continuous flow of information on gang-involved crime available for resource allocation, operations planning, and response effectiveness evaluations. Supervisors should review all documentation closely and assure that all relevant information is included and formatted properly. Accurate information collected, documented, processed, and analyzed in a timely fashion greatly enhances effectiveness in planning and scheduling and in investigations and other operational considerations. This information establishes a strategy to focus daily, weekly, and long-term goals Long-term goals Financial goals expected to be accomplished in five years or longer. to drive an agency's efforts to reduce gang-involved crime. It also serves to evaluate these efforts and to adjust the plans and operations for peak performance. Investigations To gather as much gang-related information as possible, agencies should endeavor to interview every criminal gang member/associate arrested. These interviews would be in addition to any criminal case investigation interviews in an attempt to gain additional gang-related information or to corroborate To support or enhance the believability of a fact or assertion by the presentation of additional information that confirms the truthfulness of the item. The testimony of a witness is corroborated if subsequent evidence, such as a coroner's report or the testimony of other current gang-involved crime data. Interviewers should concentrate on learning about gang hierarchies, leadership, membership, meeting information and locations, criminal activities, rivalry Rivalry Robbery (See THIEVERY.) Rudeness (See COARSENESS.) Brom Bones and Ichabod Crane bully and show-off compete for Katrina’s hand. [Am. Lit. , and any other relevant criminal gang information. Officers would document all information gained from these interviews on the appropriate forms, duly submitting them to and processing them through the proper division for analysis. Supervisory personnel would determine the practicality of distributing any information gained through these interviews and the appropriate recipients for use in planning, scheduling, operations, and investigations. Legal Issues This model policy serves as a set of guidelines for defining, classifying, and processing criminal gang crime information. The collection, documentation, analysis, and distribution of any information always would be within the applicable laws and procedures. (7) Agencies should address any questions on proper action through their training divisions, supervisors, or command-level officers who would decide the appropriate action or obtain further direction from their legal departments or advisors. CONCLUSION There appears to be as many definitions for gang-related or gang-motivated crime as there are different law enforcement agencies A law enforcement agency (LEA) is a term used to describe any agency which enforces the law. This may be a local or state police, federal agencies such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . Such a quandary does little to help the law enforcement community reduce the ever-increasing threat of gangs and their criminal activities. By agreeing upon a uniform definition of what constitutes a criminal gang, what describes a person as a member/associate of a gang, and what unlawful acts comprise gang-involved crime, the law enforcement profession can begin the difficult, but not impossible, task of reversing the current menace MENACE. A threat; a declaration of an intention to cause evil to happen to another. 2. When menaces to do an injury to another have been made, the party making them may, in general, be held to bail to keep the peace; and, when followed by any inconvenience or that has engulfed many of America's young people and their communities. Additionally, a model policy that incorporates a broad range of criteria and gives the criminal justice system a workable, comprehensive classification of gang members and gang-involved crime can lead to a truer picture of the gang problem in America and focus resources on this growing concern. The dedicated officers who strive daily to rescue young people from the clutches of gang membership and who also see the ravages rav·age v. rav·aged, rav·ag·ing, rav·ages v.tr. 1. To bring heavy destruction on; devastate: A tornado ravaged the town. 2. inflicted upon the victims of gang-involved crime deserve the support of a law enforcement community united in its effort to combat gangs and their criminal activities. Endnotes (1.) James C. Howell, U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention The Office of Juvenile Justice and Delinquency Prevention (or OJJDP) is an office of the United States Department of Justice and a component of the Office of Justice Programs. , Youth Gangs: An Overview (Washington, DC, August 1998), 15. (2.) Ibid, 1. (3.) Deborah Lamm Weisel and Ellen Painter, U.S. Department of Justice, National Institute of Justice, Office of Justice Programs, Police Executive Research Forum, The Police Response to Gangs (Washington, DC, 1997), 14-15. (4.) Chicago Crime Commission The Chicago Crime Commission, founded in 1919, is a watchdog organization dedicated to educating the public about the dangers of criminal activity, especially organized crime, and its corrupting influence on the police the judicial system, and politicians. , Gangs: Public Enemy Number One (Chicago, IL, 1995). (5.) While attending the National Academy (the FBI hosts four 10-week sessions each year for law enforcement executives from around the world), the author conducted research on this matter and submitted his findings in a paper for a futuristics fu·tur·ist·ics n. (used with a sing. verb) Futurology. Noun 1. futuristics - the study or prediction of future developments on the basis of existing conditions futurology course. He reviewed a large amount of literature on the subject, including studies conducted by the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, and research done by the Police Executive Research Forum. He also surveyed several of his fellow National Academy attendees concerning the policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental that their agencies employed in classifying gang-involved crime. He based this article on the results of his research. (6.) U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, The Growth of Youth Gong Problems in the United States: 1970-1998 (Washington, DC, April 2001), 7-8. (7.) For additional information, see Lisa A. Regini, "Combating Gangs: The Need for Innovation," FBI Law Enforcement Bulletin The FBI Law Enforcement Bulletin is published monthly by the FBI Law Enforcement Communication Unit[1], with articles of interest to state and local law enforcement personnel. , February 1998, 25-32; and Daniel L. Schofield, "Gang Congregation Ordinance A law, statute, or regulation enacted by a Municipal Corporation. An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been : Supreme Court Invalidation in·val·i·date tr.v. in·val·i·dat·ed, in·val·i·dat·ing, in·val·i·dates To make invalid; nullify. in·val ," FBI Law Enforcement Bulletin, September 1999, 28-32. |
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