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Street Gangs

S-3: Gang Signs, Symbols, Signals, Words, and Conduct Prohibited

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What are Gang Affiliation Laws?

Many states have enacted laws focusing on gang affiliation to prohibit people from joining such groups. The definition of a gang varies, especially when it comes to youth gangs. In general, a gang is an organization, group, or association of at least three people. The gang has:

• A common name • Identifying symbol(s) • Identifying sign(s) • Members who actively participate in crimes

Generally speaking, gang affiliation laws target people who might not necessarily be confirmed members of a gang. However, they might be subject to criminal penalties due to their affiliation with, or association with gangs and gang activity.

For instance, if a person is caught writing graffiti that is associated with a certain gang, that person might be held for questioning regarding their possible membership in that gang.

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The Constitutionality of Enjoining Criminal Street Gangs as Public Nuisances

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Cities throughout the nation are plagued by the growth of criminal street gangs. To combat this growth, state and local governments have enacted a wide variety of legislation increasing criminal sanctions for gang behavior. In addition, state and local governments have turned with increasing frequency to civil remedies to augment their criminal law enforcement efforts. Gangs pose a particularly acute problem in California. Reports of gang violence are increasing, and gang-related homicides are at an all-time high in the Los Angeles area. Despite the enactment of new criminal sanctions to combat gangs and the use of existing law enforcement techniques at their constitutional limits, these efforts have not quelled the increase in gang-related crime. 8 Consequentiy, Caiifornia has been particularly innovative in using civil remedies to control gang activity. One such innovation is taking place in the cities of Los Angeles,..

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