Civil Gang Injunction

Civil Gang Injunction

Civil Gang Injunction

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Civil Gang Injunction

Civil gang injunctions refer to a public nuisance injunction designed to eliminate disruptive behavior associated with gang activity. Gangs gather in certain areas in a community creating a public nuisance. The state or district attorney can request an injunction from the court which will forbid the gang from gathering or engaging in activities. The goal is to suppress gang activity by giving police the authority to arrest gang members based on the civil gang injunction (CGI). A public nuisance is anything that disturbs the peace of a community from loitering to selling drugs. Normal gang activity is suppressed when a CGI is put into place.

Civil gang injunctions provide critical advantages to police departments trying to disrupt gang activity, as well as to the residents living in areas afflicted by gangs (Hynes, 2011). In many cases the hands of police are tied when gangs gather and take over a community but with the injunction they have more authority to act. Gangs engage in violent crime but they also engage in other types of crimes such as prostitution, vandalism, acts of violence, and the sales of drugs. They also intimidate and coerce members of the community to ignore their crimes.

Any type of behavior that causes fear in the community members or disrupts the whole community can be considered a public nuisance. Police can enforce the injunction which could forbid any type of behavior associated with gangs (Maxson, 2005). For example the injunction may require gang members to have a curfew or it could forbid gang gatherings. Any time a gang member is caught associating with another gang member they can be charged under the CGI. The injunction could forbid gang members to wear their closers or throw their gangs signs or even forbid gang recruitment activity.

The civil gang injunction has been used in many cities as a tool to rid communities of gang activity. The City of Fairfield Police Department is an example of a city that implemented a civil gang injunction (CGI) where there was a successful change in gang activity (Hynes, 2011). In this case Officer Jeff Osgood researched the various CGI being used in different cities before presenting the information to the city administration. The city supported the efforts of Officer Osgood and enacted a new public nuisance statue. As a result of the civil gang injunction (CGI) the city of Fairfield saw a major reduction in gang activity. The use of the CGI was a success because it deterred the criminal behaviors of gangs.

In another example the city of Oakland enacted a similar CGI in order to help suppress the huge gang problem in the city. The goal of the Oakland Police Department once the gang injunction went into place was to rid the city of the North Side Oakland (NSO) and their violent and criminal behavior (Hynes, 2011). The gang was a major nuisance for community members but despite this nuisance when the injunction was put into place it was not widely support by community members. In order for police to be able to enforce the CGI they must be alerted about the gang behavior. The problem was community members were to fearful of the gang to report their activities.

Other challenges that surfaced as a result of the CGI gang injunctions in general. For one gang members claimed the injunction violates due process rights and promotes racial profiling and harassment, while critics complain it diverts funds better spent on social justice programs (Hynes, 2011). Overtime the city of Oakland did see positive results due to the CGI and the other issues were addressed. Without these injunctions the number of gang in the areas would only continue to grow.

The civil gang injunction is a tool that can be used by police to help suppress a gang problem in a community. They reduce the number of gang associated crimes and help to clean up neighborhoods when they are prevented from tagging property with graffiti or because gangs are no longer lurking on the corners creating a public nuisance and increasing the level of fear of crime by community members. The CGI gives community members back their community and provide an opportunity for gang members to get away from the gang life. Without this type of injunction a community can easily become overrun with gang violence and crime.

References

Hynes, T. & Osgood, J. (2005). Civil Gang Injunctions: What Can They Do for Your City?

Retrieved June 24, 2014 from

http://www.westerncity.com/Western-City/December-2011/Civil-Gang-Injunctions

Maxson, C, (2005). It’s Getting Crazy Out There”: Can a Civil Gang Injunction Change a

Community?, Criminology and Pub. Pol’y, 4(3): p. 601.