Is it a crime if you are identified as a member of a street gang?
2008-04-14 4:25 pm
I've noticed many gangsters post videos on youtube with gang signs and tattoos. These naive teeagers believe that they can't be caught. What crime can you be charged if the police identify you as a gang member? Can they be arrested? Or do you need to commit a crime first?
回答 (11)
2008-04-14 4:32 pm
✔ 最佳答案
Its not a crime to be a member of a gang. In fact its protected by the fist admendment ("to peaceably assemble" AKA freedom of association). Its when they start commiting crimes or are present when a crime is commited that they're in trouble.However dispite ones freedom of association, being a gang member will get you alot of unwanted attention by the police. Those kids on youtube constantly have to watch they're backs not only from rival gangs, but from police that are just looking for an excuse to arrest them.
2008-04-14 4:36 pm
It is not a crime to be a gang member.
There are some crimes (murder, robbery, assault with a deadly weapon, etc.) that are considered to have special circumstances if carried out by a gang member.
I agree with the person above that gang membership should not be protected by the First Amendment right to free association; and that gangs should be treated as terrorist organizations, or at minimum fall under the RICO act and be treated consistently as members of organized crime.
There are some crimes (murder, robbery, assault with a deadly weapon, etc.) that are considered to have special circumstances if carried out by a gang member.
I agree with the person above that gang membership should not be protected by the First Amendment right to free association; and that gangs should be treated as terrorist organizations, or at minimum fall under the RICO act and be treated consistently as members of organized crime.
參考: Me, retired Police Officer
2008-04-14 4:30 pm
As of right now it is not illegal to be a member of a gang, only to commit criminal activity (steal, rob, carry a gun, sell drugs). Once the Federal government gets off it's backside and realizes that gangs are a form of terrorism, then it could be illegal to be in a gang. Gang activity is designed to put fear into law abiding citizens, that sounds like terrorism to me.
2008-04-14 4:30 pm
You can't be arrested for simply being in a gang, you have to be taking part in some illegal activity.
2016-05-29 1:35 am
Why did the round up end Sunday? They aren't done yet. Hopefully, they will throw tax evasion charges at them. That's what brought down Al Capone.
2016-01-15 12:39 am
We need to make it some sort of crime to be in a gang known for murder, drugs & other non-sense. Don't lock them up, just kick them out of the state. Let another state deal with them & make our state a safe place to live. Simple ban the way country's do. Call it the Menece to society law.
2008-04-15 8:11 am
If it can be determined that your actions during a criminal events were being done to further a criminal gang in some way, it can ultimately be an enhancement to your sentence. If someone posts gang activity on myspace etc., because it is a public forum, it could be used to show gang membership and make it much easier for law enforcement to show the connection to a particular gang.
2008-04-14 5:40 pm
Being a member of a gang in and of itself is not a crime. However if any crime is committed in furtherance or to benefit a gang, there is an aditional charge attached. This "gang enhancement" leads to much much stiffer penalties for the suspect.
Identification of a gang member and proving that a suspect is a gang member is done in various ways. Yes, youtube videos is one of them.
Identification of a gang member and proving that a suspect is a gang member is done in various ways. Yes, youtube videos is one of them.
2008-04-14 4:30 pm
being in a gang is not a crime
2008-04-14 6:36 pm
being in a gang isnt illegal. you have to commit a crime.
2008-04-14 4:47 pm
If you are identified as a member of a street gang then you can be classified as a member of organized crime. If any member of the gang commits a crime then all members can be prosecuted under the RICO laws.
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