2. FOUNDATIONS

What is a Gang?

Definitions of a Gang

2.a

The word gang has been defined differently in several dictionaries. Here are some of the definitions of this term:

- A gang is a collection, group, or a team of people with shared or common interests, working on unsocial or unlawful agendas.

Or

- A union or association or a collection of individuals that share informal as well as close relations.

Now, the second definition defines the word "gang" in a different sense, while the meaning of "street gang" is different.

How a criminal street gang or a gang member is defined by your state?

A criminal street gang has not been defined formally or nationally.

Many states, which have legislation related to criminal street gangs, have defined this term formally. Moreover, those states which have no legislation related to criminal street gangs also have several definitions for this term. This term has been defined differently as per requirements according to departmental, state statute, or federal policies.

The problem with having unclear definitions may ignite an anti-gang hysteria, and it may result in the implementation of ineffective strategies such as curfews or sweeps as these strategies are currently under use in different states.

Moreover, other unwanted situations also start surfacing without proper definitions of these terms. Generally, strong white groups, Asian gangs, Latino gangs, African Americans, and bikers are considered similar, but in reality, there is a clear difference between them. 

Definition of a criminal street gang

For those where this term "criminal street gang" is not defined formally, a generic definition can be used as a guideline.

Generally defined, a criminal street gang is a union or combination of individuals with a shared common interest and is involved in unlawful or illegal activities having any of these traits:

·       They have a shared common name for their group.

·       Share common graffiti, tattoos, or symbols.

·       Have a commonality in their dressing.

·       Regularly or continuously associate with each other.

·       Regular gatherings on a specific geographic location and claims it to be theirs.

-Washington, DC, and 43 other states have legislation that defines this term "gang."

-The definition of "gang in 34 states is, "combination of three or more persons."

-The definition of "gang" in 27 states includes a common symbol, identifying sign, and name as gang's identifier.

-"Gang" is referred to as a group, organization, or association in 36 states.

-The term "gang" is defined as "criminal street gang" in Washington DC and 25 other states.

-There is legislation in 25 states where the term "gang member" is clearly defined.

-7 states have specific criteria for a person to be "gang member," which must be fulfilled partially, at least.

Definition of a gang member

For a person to be a gang member, the following criteria must be met.

The membership of a gang may include different levels of commitment or participation. Moreover, the extent of commitment or participation must be identifiable to assess the exact position of a specific participant. A person can be treated as a gang member if at least two of the latter conditions are met:

·       The admittance of membership by the individual who fulfills the gang's criteria.

·       The individual is classified as a member of the gang by a credible informant.

·       The individual is classified as a member of the gang by an informant who is unreliable informant previously, and independent information confirms that identification.

·       A person who resides in or spends significant time in particular gang territory. Moreover, he/she adopts their traditions or uses their tattoos, symbols, and hand signs and associate with other known members of the gang.

·       A person has been arrested in the past in classified gang members' company for committing felonies that are against the gang.

-"gang member" is defined in the legislation in 14 states.

-7 states have specific criteria for a person to be "gang member," which must be fulfilled partially, at least. Out of those 7 states, 6 states recognize those persons as gang members who meet at least two requirements in the criteria.

Identification of an associate of a gang

With the above-mentioned criteria, a gang associate can have this definition:

A person can be termed as a gang associate if he/she meets at least one requirement from the above-mentioned criteria.

What is Gang Crime?

There are two causal factors on the basis of which a gang crime is defined in the law enforcement world, and those factors are:

·       Member-based crime: It is a criminal action where the gang member is the victim or suspect.

·       Motive-based crime: It is a criminal action where the gang member is the victim or suspect, and the membership is the cause of that crime. Moreover, if a gang member commits a criminal activity for the common interest of the gang, this act is also defined as a motive-based crime.

Definition of "gang crime"

-31 states have clearly defined "gang crime/activity."

-It is narrated as a "pattern of criminal gang activity" in 21 states.

-25 states have enlisted those activities that are considered as criminal gang activities.

Keeping that definition of gangs, we can describe the gangs in the following states as:

 
Illinois

1.    Conjoining

2.    Three (3) or more persons

3.    Hierarchy

4.    Criminal Activity

California

1.    Org., Assn., Group

2.    Three (3) or more persons

3.    Formal/Informal

4.    Criminal Activity

5.    Common Identifier

New York

    ?