When Sean Harris was finished presenting his research on gang phenomenon and related law it was overwhelmingly clear that a gang culture replaces the family. From Crips to Bloods and every other gang organization, the mob-like mentality in the gang culture is an incredible draw to kids who are particularly lonely and lost in broken, often fatherless, families.
This article by Sean Harris surveys certain state gang statutes and examine whether state legislatures have provided those statutes addressing gang activity in order to determine if those states lacking such statutes should take action due to a gang presence in its state.
Section I presents the current status of gangs in the United States, the types of crimes they commit, and the participation of juveniles in gangs. Section II discusses gang initiation and recruitment, and section III gives an introduction to the responses that have been given legislatively to the areas discussed in both sections, explaining generally what an anti-recruitment and gang participation statute is. Section IV then analyzes those states in the United States that lack one of the three areas of gang statutes under analysis, those being a statutory definition of a gang, a statutory penalty for gang recruitment, a statutory penalty for gang participation, or in the alternative to a penalty for gang participation, a sentencing enhancement. That section is broken down by region in which a brief overview for gang activity in the region is discussed, followed by an analysis of each individual state lacking one or more of the gang statutes subject to this article, noting the statutes the particular state has, those it lacks, and whether there is gang activity or a gang presence in the state. Section V briefly discusses an area for future research, and section VI proposes the statutory forms states should either adopt outright if they are lacking statutes or change to if they already have some form of statute in place.
Strong families make a difference to communities, and to individuals. Working toward a culture of family restoration along with the statutory changes Sean Harris suggests ar the top strategies for changing the gang “family” phenomenon.
To learn more, read Sean Harris’ article here .
Working with the Center for Global Justice: 3L Reflections
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By Anne Darby Keating 3L Reflections Working with the Center of Global
Justice during my time at Regent University School of Law has been such a
blessing...
As I was reading this article, I was thinking about the strict rules and regulations that gangs have about entering and leaving a particular gang. It seems that most gangs have high initiation rituals, and severe punishment for those who do want to leave. Is there a connection between this and divorce or family reform? Or perhaps even peripheral issues such as welfare, custody and alimony reform etc? If we make the stakes higher and the money not so easy to come by for families that break apart - would they be INCENTIVIZED to stay together and work it out? If single mothers knew that they wouldn't be able to get government money or welfare - would they try to work it out with their husbands? If husbands knew that the punishment for custody, divorce, and alimony procedures would be severe, would they so easily leave their wives?
ReplyDeleteIt's tragic that a child or teen is driven to such desperation just because they're lonely and in need of attention. From the data and reports on the news, most kids who join gangs are from low income, broken families. With only one parent who probably has to work or in worse case scenarios, is addicted to alcohol or drugs, they child simply isn't receiving the parental care they need. That neglect causes them to seek out a place where they'll feel important and wanted. It doesn't seem to matter that they'll need to turn to a life of crime to fit in. This could be either because they've lived around crime their whole life or they overlook it.
If localities and law enforcement agencies try to address the problem of gangs and their simple disbandment, then they're only scratching at the very top surface of the wound. Gang activiity is the result of the marriage breakdown, the family breakdown, and the lack of discipline and love in the home.
Hello I am an ex gang member from Los Angeles. I say that so any reference to gangs can be associated with Southern California gangs and not the "rules" of New York, Chicago gangs. There will always be a lost poor lonely youth who joins a gang., That sterotype is from early 1980's view of gangs. Before the internet gangs web site apeared there was rich kids that mimicked gangs. Look at the the Bandits of the exclusive La Jolla Sand Diego area. Rich white kids with a steady group that consisted of the same persons which creates cohesion, famaliarity, bonding, and social companionship.
ReplyDeleteSounds like regular teen agers, but they all had gang nick names, they had a group name that untied thier group, they wrote on the walls, writing Bandits on the wall as to mark their terriority. They fought off other white rich kids who wanted to surf on thier corner of the beach. When a person died the attorneys hired experts that stated they could not be a gang because rich kids like them are not lonely, poor, neglected, blah blah blan. They were rich kids that decided to act like a gang, think like a gang, and create violence like a gang. Unlike the tough inner city kids the rich kids could not find the strenght to be locked up. I believed they were cowards that acted tough but when reality hit them in the head they backed down and said they were not a gang.
My point is that the description of ghetto, repeate offenders are not the only description of gangs. Socially stable, well off economic two income families that live in quiet streets have gang members in their presence. But how can lawyers, and doctors admit their own children are gang members?
From a sociological view it is easy to undertstand gangs when it is compared next to alcoholism. Like alcohol, gangs have no prejudice, they will accept Russians, Arabs, Japenese, Armenians Jewishs youth. But that means breaking the traditional model that says divorced, poor minoirty families with dead end jobs are the problem.
Is the real problem the manipulative welfare mothers that are making a killing off welfare? How many welfare mothers park BMW's in their European time shares resorts? Even the small numbered mothers that may be creative in thier accounting reports, don't live like middle class professionals. Do you think these poor welfare mothers use decision making skills to weight the pros and the cons of welfare vs Standford?
Do you think poor welfare mothers are saying to them selfs it is better to obtain 1200 dollars a month and feed three kids than to earn more money by entering the university, and be self suffucient. After all they enjoy the social worker visits, and having to attend parenting classes after thier 12 hour shift at a hamburger joint.
To blame the welfare mother is too blame the rape victim and tell the rapist she really wanted you. Don't believe her 'no'. Gang activity is not the result of marriage breakdown, and family breakdown, and lack of love in the home. The reason why gang members enter a gang is too numerous to enter in this blog. They reasons they leave a gang is exhaustive and more complex. I appreciate your sincere interest in the topic, but your research and sources are not adequate.
Law enforcement tactics lack in solving the problem, as does many other agencies (stake holders) of this government. I believe the solution is increased education, reduction of racism, spiritual awakening, and honest commitment to change.
I am a Christian, and earned a graduate degree. I easily go back to the old neighborhood and see that the problems have not changed, just the players. It has been said (before) that the world is a theatre where the story remains the smae. Only the actors change.Today there is a new generation of gang members but the story line does not skew very far. By an educated ex gang member.
edward@streetchoices.com