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Gang History Gangs have been a part society for hundreds of years. Today, they are bigger and more dangerous than any time before. Their origins lay in a lack of education, poverty, and racism. Black and Latino gangs in Los Angeles originally come as a response to white racism, but quickly spun out of control. White Gangs Prior to the 1940s, there were many Black and Latino clubs and clicks, but very few outright gangs. This was also true of the white population of Los Angeles. However, this changed in the 1940s. In the 1940s, the Black population doubled as people came to work building ships and weapons for the military during World War II. At the time, Blacks and Latinos were restricted in where they could live. Blacks had to live along Central Ave. and Latinos lived mostly in East LA. As the population increased, some whites feared that Blacks and Latinos would start living outside of these restricted areas. Huntington Park, Bell, South Gate, Inglewood, Compton, Gardena, and West LA all had organized white gangs that would seek out Blacks and Latinos and harass them or beat them up. The largest of these gangs were the Spook Hunters. “Spook” is a derogatory term used toward Black people. During the 1940s, the Ku Klux Klan also emerged in LA. The first Black and Latino gangs were in response to these white gangs. The gangs acted as protection for Black and Latino neighborhoods. Incidents such as the Zoot Suit Riots, in which white marines attacked Latino zoot suiters, led to a higher degree of organization in the gangs of both Blacks and Latinos. The 1960s After the Watts Riots of 1965, “white flight” led to much of South LA and the surrounding areas becoming mostly Black or Latino. This also led to the some of the gangs beginning to fight each, as there were no longer any white gangs. This was also the time of the Civil Rights Movement. Gangs almost completely ended during this time. Most of the gangs became involved in the Civil Rights Movement. Many gang members joined organizations such as the Black Panther Party and the Brown Berets. These groups wanted Black and Brown communities to control businesses, employment, education, and the media in their area instead of having these things controlled by rich white people and organizations. The Black Panther Party and the Brown Berets wanted to act as a community army, and organized people against police brutality and racism. A good example of this was Bunchy Carter, originally a member of a Slauson street gang. He became the leader of the Black Panther Party in LA. Street gangs completely stopped as organizations such as the US Organization, the Malcolm X Federation, the Black Panthers, and the Brown Berets flourished.
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members of these organizations were outright assassinated by the government. The government called this the COunter COunter INTELligence INTELligence PROgram PROgram (COINTELPRO (COINTELPRO for for short). As the Black Panther Party and the Brown Berets began to dissolve, street gangs came back. The Bloods and the Crips quickly formed. The Crips started off as having two sets, the East Side and the West Side. Most of the Blood sets started off as Crips, and then became Bloods as the sets began to argue with each other. They both started first with the same ideas of community power as the Black Panthers had, but without the leadership of the Panthers, both street gangs quickly spiraled out of control. Around the same time, the 18 th Street Latino gang began to form and had a similar history. Different Sureno (Southern) gangs began to form at the Mexican Mafia, a prison gang, broke into two gangs the Surenos (Southerners) and the Nortenos (Northerners). What started as a small gang in Northern California to protect Latinos in jail ended up being one of the longest running gang wars in California. There were several attempts at truces during this time, but all of them were broken up by police. 1980s The 1980s saw a huge increase in the number of gangs. All of the ideas of the Black Panther Party and the Brown Berets were completely lost by this time. The gangs were exclusively focused on territory and crime. The beginning of the Crack Epidemic only worsened the effect, as the number of gang sets increased into the hundreds and spread out throughout the country. The neighborhoods of South Central became very separated at this time. In many areas, each block had a different gang, and some blocks had more than one gang on them. 1990s As the influence of gangs spiraled out of control with the introduction of drugs to the community, the early 1990s saw some of the highest homicide rates ever. However, there was a major drop in homicides after the LA Riots. Much of this has to do with the gang truce that was established among the projects in Watts. In 1993, there was also a major truce among Latino gangs to end drive-bys, and the killing of innocent people. Although the 1990s began very badly, it ended with a decline in the number of gang-related deaths. 2000 and Beyond Today, gang-related homicides are at an all time low. Many gang members have found themselves in jail due to a huge police focus on reducing the crime rate. At the same time, there has not been a large decrease in the number of gangs. Today, the political nature of gangs has been completely lost. For many people, gangs fill some sense of family or belonging that was missing in their life, however, it has come at a price. Laws that specifically target gang members
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their neighborhoods Section 28 Part 23 of the Code of Federal Regulations (CFR): 28 CFR Part 23 governs the basic requirements of establishing and maintaining an intelligence system process. This process includes guidelines for: 1. 2. 3. 4. 5.
Information Information submiss submission ion or collect collection ion strategies strategies,, Secure Secure storage storage of source source documen documents ts and files, files, Inquiry Inquiry and and search search capabilit capabilities, ies, Controlled Controlled disclosure disclosure and and disseminatio dissemination n of information, information, and and Purge and and review review process process for documents documents and files.
SDPD policy on documenting a gang member The San Diego Police Department’s Street Gang Unit policy requires that an individual may be "documented" as a gang member when: ● ●
He or she has has three separat separate e contacts contacts with police police meeting meeting one or more more of the criteria criteria listed below, or One contact contact with three three or more of of the criteri criteria a listed listed below. below.
Criteria for documenting a Gang Member ● ● ● ● ● ● ● ● ●
Subject Subject has has admitted admitted to to being being a gang gang member Subject Subject has been arrested arrested alone alone or with with known gang gang members members for offenses offenses consist consistent ent with usual gang activity Subject Subject has been been identified identified as a gang member member by a reliable reliable informant/s informant/source ource.. Subject Subject has been been identified identified as a gang member member by an untested untested informant informant Subject Subject has been seen seen affiliating affiliating with documen documented ted gang gang members members Subject Subject has been seen seen displaying displaying symbols symbols and/or and/or hand hand signs signs Subject Subject has has been seen frequenting frequenting gang areas Subject Subject has has been seen wearing gang dress Subject Subject is known to have gang tattoos
Criteria for documenting a Group as a Gang In order for a group to be "documented" as a gang, all four objective criteria must be met: The g
has a
(or identifiable identifiable leaders leadership), hip), and
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listed in PC 186.22f). GANG INJUNCTIONS What are they? Gang injunctions are civil court orders that attempt to address crime by using a lower legal standard than required by the criminal justice system, resulting in serious civil liberties violations. Law enforcement use them as a tool to label people gang members and restrict their activities in a defined area. Gang injunctions make otherwise legal, everyday activities—such as riding the bus with a friend or picking a spouse up from work late at night—illegal for people they target. A gang injunction is obtained by the City attorney or District attorney who asks a judge to declare that a particular gang is a “public nuisance” and impose permanent restrictions on the targeted individuals’ daily lives. Restrictions of Gang Injunctions ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Asso Associ ciat ate e Use Gang Gang Hand Hand Signs Signs Wear Wear Gang Gang Clothes Clothes Use Use Drug Drugs s Posses Possess s or Sell Drugs Drugs Drink Drink or Posses Possess s Alcoho Alcoholl Poss Posses ess s Weapo Weapons ns Fight Have Graffiti/Vand Graffiti/Vandalism alism Tools Commit Commit Graffi Graffiti/V ti/Vand andalis alism m Tres Trespa pass ss Block Block Free Free Passag Passage e Shoo Shoott Guns Guns Inti Intimi mida date te Have Have Contrab Contraband and in Cars Cars Have Have Burglar Burglary y Tools Tools Act Act as Looko Lookout uts s Litter ter Urina Urinate te in publ public ic Make Make Loud Loud Nois Nois
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Varrio Posole Locos- Oceanside, Locos- Oceanside, January 11, 2011 Center Street Gang- Oceanside, May 24, 2010 Westside Gang- Escondido, March 22, 2010 Diablos Gang- Escondido, March 22, 2010 Westside Gang- Escondido, September 5, 2007 Diablos Gang- Escondido, September 5, 2007 Varrio San Marcos- San Marcos, November 28, 2007 Old Town National City- National City, October 31, 2005 Vista Home Boys- Vista, September 30, 2005 Eastside Piru (a.k.a. "Skyline")- San Diego, May 14, 200 Varrio Posole Locos- Oceanside, March 2, 2004 Center Street Gang- Oceanside, December 3, 2003 Logan Red Steps- San Diego, April 10, 2003 Nestor- San Diego, July 15, 2002 Diablos- Escondido, July 13, 2001 Westside- Escondido, July 13, 2001 Linda Vista 13- Linda Vista, March 23, 2001 Varrio Mesa Locos- Oceanside, June 1, 2000
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What’s at Stake? Gang injunctions raise a number of civil liberties concerns, both for specific, targeted individuals, as well as any community member who lives in or visits the designated area. One of the most troubling aspects is that they often give police overly-broad discretion to label people gang members without having to present any evidence or even charge someone with a crime. Police are left to rely on things like what someone looks like, where they live, and who they know. As a result, there is a great potential for racial profiling, with a particular impact on young people of color. Despite the documented existence of white gangs, no California gang injunction has targeted a white gang. People targeted by gang injunctions are not guaranteed their legal right to be notified or given the opportunity to defend themselves in court prior to being bound by restrictions of the injunction, nor are they provided with an attorney. Additionally, many gang injunctions do not provide a clear way out for people who are either mistakenly identified as gang members or for those who have turned their lives around. This means that the injunction could follow them the rest of their life, which can make it more difficult to avoid gang activity. Are they effective? Gang injunctions are an ineffective law enforcement tool that does not address the rootproblems of crime and violence. Los Angeles has numerous gang injunctions – morethan any other city, yet lost more than 10,000 youth to gang violence in the last 20 years.New York is a major city with the potential for serious gang problems, yet in 2005 Los Angeles had more than 11,000 gang-related crimes, while New York faced 520. What has been shown to work at reducing violence and gang activity is funding social services, such as gang intervention and prevention programs, providing jobs and job training, and providing better educational opportunities for
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harder for people to break fromthe streets or the system and move on with their life in a positive way. EMPLOYMENT, HOUSING AND SCHOOL: With the constant police stops and frequent violations for people named in injunctions, most people cycle in and out of jail. Many people lose jobs after only a few days of absence from work. Employment discrimination is a reality for anyone connected to the system. Many jobs won’t hire people with court or system involvement; nearly all jobs include questions about past convictions on their applications. Colleges and high schools have strict policies on attendance, and lock-up also causes you to fall behind in your school work and lose your financial aid. Explanations about missing days at work or school due to arrest are difficult to communicate – especially when people have little to no experience with the police or courts, let alone gang suppression policies, and don’t understand that gang injunction violations aren’t for new crimes, but for associating with other people, missing curfews or hanging out on your block. For employers and school officials, your explanations of constant police contact and arrests start to sound like those old “dog ate my homework” excuses. In addition, gang injunction arrests can also lead Public Housing and Section 8 to evict you, and even your entire family; and limit your ability to get into housing. Because injunctions cause so many people to lose their jobs, housing or schooling, they often force people back onto the streets in order to survive. Injunctions make it hard for people to get and keep a legitimate job, attend school and maintain their housing. FAMILY UNITY AND CONNECTION: Gang injunctions prohibit “association with other gang members” even if those alleged gang members are also family members. It becomes a common occurrence for people to be stopped, questioned, frisked and even arrested within the “safety zone” – the geographic area that makes up the injunction. The fact that family or friends live in the same house or same neighborhood does not protect people from violation. Parents have been arrested visiting their small children. Teenagers have been arrested visiting their parents, uncles or cousins. It is common for family gatherings – birthdays, Christenings, even funerals to be raided and those named in injunctions violated. Ultimately, gang injunctions split families apart. There are ways to prevent violence without injunctions that break families and
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everyone entering a county jail. Anyone who is undocumented faces transfer to federal detention and deportation. People convicted of violating injunctions, can be deported even if they are here “legally”. Injunctions make staying in the U.S. much more difficult, and increases the likelihood that children will be divided from their parents. What can you do? In many instances, organized opposition to gang injunctions only begins once a proposed gang injunction has been filed in court However, the California Supreme Court has held that gang injunctions are constitutional – despite well-founded concerns about the violation of individual rights. Accordingly, opposing a gang injunction in court at best results in limiting the terms and scope of the gang injunction and historically has not prevented a gang injunction from being issued. Communities have an essential role in organizing in advance of a proposed gang injunction being filed in court. Activities opposing gang injunctions may include: • Public education regarding gang injunctions, including what they are, the problems they pose, and the need for real solutions. • Political opposition targeting city officials, including the City Attorney, the Chief of Police, members of City Council, and the Mayor. • Political pressure to adopt prevention and intervention solutions for a community to stop the
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colonization, colonization, lack of family family services services,, and mental health issues. issues.
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Gang Injunction Injunctions s are a means means for legalized legalized racial racial profiling, profiling, strippin stripping g youth and and adults of their civil rights. A “war on gangs” is a war on youth and underprivileged communities.
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Gang injunction injunctions s do not work. work. Studies Studies of gang injuncti injunctions ons in L.A. found found that they they either either did not reduce the incidence of crime/violence in the area, actually increased the incidence or crime or only resulted in a modest decrease in crime. This doesn’t warrant the time and resources put into the injunction in the first place.
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The City City of San Diego does does not have have the money to to implement implement and enforc enforce e a gang injunction.
3. We 3. We demand that social and violence prevention programs receive an equal or greater amount of funding as youth and adult incarceration the City of San Diego invest in people, not police and prisons. We insist that the City of San Diego: (1) Allocate a greater amount of resources to support community-based , owned and operated alternatives to the criminal justice system’s mechanism of arrest, prosecution, detention and incarceration. . (2) Invest in youth development, drug treatment, recreation, job placement, tattoo removal, education, youth organizing /leadership and/or cultural arts programs. (3) Separate youth development from law enforcement: Do not require community agencies to share program information, files or youth progress with law enforcement, which has historically been utilized to criminalize youth. (4) Stop
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We want an end to police, sheriff, and I.C.E. collaborations; as well as any deportation raids to cease in our communities. Anyone deported to countries with “zero tolerance” for gang involvement are in danger of being killed by mercenaries and international governments. The City of San Diego should understand and protect the human rights of anyone undocumented and in risk of deportation. The City must recognize that many of these individuals are forced by economic and civil conditions to come to the United States as a result of US international corporate expansion. San Diego County DA’s Office Petition for Removal from Gang Injunction Enforcement This form is for use by a person living in the County of San Diego who has been served with a gang injunction and who wants the opportunity to demonstrate that he or she should not be restrained by the gang injunction because he or she no longer is, or never was, a gang member. Eligibility The San Diego County District Attorney’s Office has put in place a review process for those persons living in the County of San Diego who believe they were wrongly served with a gang injunction because they were not then and are not now a gang member, or who were properly served but have since ended their association with the gang. The review process is intended to be informal and does not require the filing of any papers with a court or
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to remove you from the gang injunction at your home address, or, if you prefer for safety or convenience reasons, at another address. If your petition is denied and you are not removed from the gang injunction, you may submit a new petition when you have significant new information to report supporting your claim that you no longer are (or you never were) a gang member. Confidentiality The District Attorney’s Office will keep the information you provide in this petition confidential to the extent permitted by law. The District Attorney’s Office will not use statements made in this petition to prove any fact essential to proving any criminal charge the District Attorney’s Office may bring against you in the future. However, this information may still be used to cross-examine you should you testify at a trial in a case brought by the District Attorney’s Office and should your testimony be inconsistent with the information provided in this petition . Representation by Counsel Are you currently represented by an attorney (which includes a Public Defender) in any legal proceeding involving the gang injunction, including (but not limited to) a proceeding in which you are accused of violating the gang injunction: __ Yes __ No Because of ethical rules applicable to all attorneys, if you answered yes, your petition cannot be considered unless your attorney completes and signs Addendum No. 1 at the end of this petition.