Today there is an estimated over 235,000 known gang members in the state of California , with over 17,000 in Orange County alone (calgangs) I think it’s safe to say that something has to be done to stop the senseless killings so that neighborhoods can feel safe again. But are gang injunctions the answer? Or just a temporary "band aid"? Types of gang injunctions have dated back to the early1980’s in Santa Ana ca, where building abatement injunctions were implemented as a tool to prevent gang members from hanging out, using drugs and leaving graffiti in known gang hang outs (specific buildings, shopping establishments and certain parks), (bruell, C) over the next couple of years Los Angeles county implemented similar injunctions. It wasn’t until 1992 in Burbank ca, that the first actual civil gang injunction was obtained targeting members of the barrio Elmwood rifa gang, preventing them from appearing in public view. This was the injunction that led to numerous filings throughout California over the next decade. (Bruell, c) According the Orange County District Attorney a civil gang injunction is a civil court order that restricts documented gang members in “safety zones” from associating in anyway except in school or church, if they are found to be in violation of the injunction order they can face up to six months in jail and a $1,000 fine. And if not already the will be placed on “gang terms.” (OCDA) While the idea of civil gang injunctions sounds great, the reality is that they are often called unconstitutional in the way that they violate due process rights as in the 2009 case orange county varrio cypress gang, where the 9th us circuit federal appeals court ruled that the civil gang injunction could not be applied because the accused gang members weren’t given adequate time to challenge the claim that they were actual gang members. …show more content…
(Associated press 2013)
Though this specific civil gang injunction was denied OCDA’s chief of staff Susan Schroder stands by the use of injunctions stating that “civil gang injunctions are one of the most effective ways to go after gangs, and restore the quality of life to those that have suffered due to the negative effects of gangs in their neighborhoods.” (LA times 2012)
A question that has often arisen has been the question of racial profiling, the united against police terror san Diego wrote an article stating that police are left to rely on how a person looks, where they live and who they know in determining whether or not to label them actual gang members, not taking into account whether the person has even committed a crime. (United against police terror) A recent study published by RAND suggests that civil gang injunctions are not proven to have a long term direct impact on crime. And by reversing the burden of proof and issuing punishment for crimes not yet committed rather than crimes that are actually committed the government is restricting otherwise lawful behavior and restricting citizens based on affiliation. (ACLU) Out of curiosity I asked a known gang member with in a Santa Ana neighborhood where a civil gang injunction is in place what he thought of the injunction and how has it affected him , his statement to me was one I found very interesting he said that they (gang members) have and will always do what they do (assuming he meant breaking the law drinking, drugs etc..) and the police