Gang Injunctions and Teenage Curfew

cawacko

Well-known member
How many people here would support gang injuctions or teenage curfew laws in their City if youth killings was a major issue? I understand the civil libertarian perspective of people have a right to go where they want they want and can associate with whom they want. Gangs and murders are continuing to be a major problem in Oakland and the situation is not improving. Other cities have had gang injunctions and curfews that have shown to have success. Tough situation.



Oakland police need a new standard tool - curfew


Oakland Police Chief Anthony Batts has asked for a teenage curfew ordinance since the day he took the job in 2009, but the request has garnered little interest among elected officials.

The city is a glaring exception among major cities in the United States, most of which have such laws on the books to keep youths from harm - or committing harm - on the streets.

"One of the things that jumped out at me in the 2008 stats was the number of juveniles shot while standing around in groups at night," Batts said Wednesday in a telephone interview.

Unfortunately for Batts and Oakland residents, other city leaders tend to do a lot of standing around when it comes to supporting measures to aid the city's law enforcement efforts.

Whether motivated by political enmity or ideology, the Oakland City Council was divided over whether to impose two gang-injunction zones in the city earlier this year, then placed a moratorium on any such campaigns even after the city prevailed in a legal battle over the ordinance.

The lack of support and enthusiasm extends beyond City Hall. Troy Flint, spokesman for the Oakland Unified School District, said there is little evidence to show curfews are an effective way to ensure child safety.

But in a city with 71 homicides so far this year, including six officer-involved shootings, and one of the highest rates of violent crime in the nation, it's an idea worthy of public debate. Or a ballot measure.

Three juveniles have been killed this year and five others arrested as suspected shooters, police said, while the vast majority of suspects and victims have been 18 to 25 years old.

What Batts is asking for is considered a standard tool used by law enforcement agencies all over the nation, state and Bay Area. San Francisco and San Jose have local laws on the books, and they can be a handy tool when they're needed.

In San Jose, 15-year-olds are required to be indoors after 10 p.m. Any person under 18 is prohibited from any public place after 11:30 p.m.

Budget cuts have forced San Jose to halt its curfew patrols, but the ordinance is still used to close juvenile parties and remove underage youths from suspected gang hangouts, said Sgt. Jason Dwyer.

In San Francisco, the curfew applies to children 14 and younger, and requires them to be indoors between midnight and 5 a.m., said San Francisco Police Officer Albie Esparza. All the curfews make exceptions for work, family, religious or special events.

Oakland's homicide count this year is more than the combined total of the Bay Area's two largest cities, which together have recorded 55 homicides. People in Oakland and beyond recognize the value of using all legal resources possible to stanch the violence and restore faith in the communities terrorized by it.

Mayor Jean Quan's spokeswoman, Sue Piper, said the mayor wants to have more discussions with Batts and is open to hearing a curfew proposal.

It's not enough for Oakland police to take on one of the highest crime rates in the country with a Police Department that is running 100 officers below its minimum staffing requirement.

Batts is saddled with wading through the city's political bureaucracy, its lobbyists, activists and politicians to ask for a resource that is considered standard in most big cities.

If Oakland officials are focused on coming up with ways to reduce the city's crime rate and curb violence aimed at youths, they need to support standard measures that drum up controversy in Oakland.

"They have a daunting task," Dwyer, the San Jose officer, said of Oakland. "It's not like day-to-day policing efforts are going to solve that problem." Oakland's problems will require "a huge catalyst," he added.

Batts understands this. Residents understand this. City leaders do not.


Oakland to rehire 32 officers laid off last year.


http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/05/BABV1KJH5A.DTL
 
gang injunctions are a different ball of wax than teenage curfew. for starters, gangs technically and legally can be defined as groups and as such, have a constitutional right to form, so long as their objective is not for illegal purposes. teenage curfew is not dealt with in the constitution. i do not believe there is any expectation of a right to allow your minor child to stay out on public streets past a certain time. there was a curfew in my city when i was teenager. large southern california city dealing with the gang issue. my friend, my brother and i were actually stopped a few blocks from out home and informed of the curfew (i think i was 14) and we were escorted to our homes. i don't recall it being an issue in my household.
 
Curfews for minors who are not traveling to work are cool, but injunctions I'm 100% against. Freedom of association trumps that and leaving it up to localities to determine what is and isn't a gang leaves the door open to too many problems.
 
The biggest and most significant way to deal with gangs and gang violence is drug legalization. Without the profits provided by illegal drugs, gangs will be less likely to form in the first place and even less likely to kill over drug turf.
 
Curfews for minors who are not traveling to work are cool, but injunctions I'm 100% against. Freedom of association trumps that and leaving it up to localities to determine what is and isn't a gang leaves the door open to too many problems.

do you support gangs or groups who form for the sole purpose of illegal activity?
 
do you support gangs or groups who form for the sole purpose of illegal activity?
Depends on the illegal activity. Depends on how you define that. Depends on how they would carry out said illegal activity. The Hells Angels are considered by many to be a criminal organization despite what their charter says or how they actually operate.
 
Depends on the illegal activity. Depends on how you define that. Depends on how they would carry out said illegal activity. The Hells Angels are considered by many to be a criminal organization despite what their charter says or how they actually operate.

good point. if a group or gang forms for the sole or primary purpose of illegal activity, then such group or gang is not protected according to scotus. i think such intent can be ascertained and if it cannot on its face, then the group should not be banned outright until further determination is made. your example is case in point....hells angels no doubt carry out illegal activity, but one could argue their primary intent is to form a group that has an interest i motorcycles. i believe the federal government has tried very hard to show that the primary intent is not motorcycles, rather, to join together to conduct illegal activity much like the mafia does. so far, they have not been able to prove their case, like they have with other gangs.
 
good point. if a group or gang forms for the sole or primary purpose of illegal activity, then such group or gang is not protected according to scotus. i think such intent can be ascertained and if it cannot on its face, then the group should not be banned outright until further determination is made. your example is case in point....hells angels no doubt carry out illegal activity, but one could argue their primary intent is to form a group that has an interest i motorcycles. i believe the federal government has tried very hard to show that the primary intent is not motorcycles, rather, to join together to conduct illegal activity much like the mafia does. so far, they have not been able to prove their case, like they have with other gangs.
That doesn't stop them from trying even though such cases have failed for nearly 40 years now. And again, just because an activity is illegal, does not make it wrong.
 
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