Prosecutors obtain gang injunctions by applying the law of public nuisance to the particular harms caused by criminal street gangs. Lower courts had held that provisions disallowing gang members to associate with one another violated their first amendment right to free assembly.
As Barajas writes, the gang emerges as a response to social, economic, and political repression experienced by low-income people of color. The injunction did not name the gang as a defendant, but it did name thirty-four members of the gang. The method used to update San Diego County gang injunctions requires the filing of a new injunction as the gang evolves over time to keep it up to date and relevant. Because they are issued at an early stage, before the court has heard the evidence and made a decision in the case, they are more rarely given.
The appeal to the State Supreme Court was filed. The imputed costs of crimes averted as a result of a gang injunction can greatly outweigh the cost of the injunction's enforcement.
One manifestation of this is that injunctions are subject to equitable defenses, such as laches and unclean hands. The first gang injunction was in a Black low income community of Los Angeles. The injunction also named individual gang members as defendants.
This was the first gang injunction to sue a street gang as an unincorporated association. Different federal and state courts sometimes have slightly different requirements for obtaining a permanent injunction.
Temporary restraining orders are often, but not exclusively, given to prevent domestic violence, stalking, sexual assault, or harassment. Maxson found that people living in the Verdugo Flats neighborhood in San Bernardino had less fear of crime following the implementation of the gang injunction evaluated. The court overturned the April appellate court decision in the case. These generally include association with one another, wearing certain clothes, making certain hand gestures, acting as lookouts, fighting, drinking, and using drugs.
It sought to determine whether gang injunctions reduce crime as compared to baseline and matched control areas. Or they can require the defendant to repair past violations of the law. Twenty-five gang injunctions from four California counties were evaluated by extracting crime data from court records and police agencies.
The target area consisted of an entire city block that the gang called home. The California Supreme Court held that the gang injunction was neither vague nor overly broad because its terms were reasonably clear in the context of the Varrio Sureno Treces gang. Violators who conduct activities that are normally legal are charged with violating a court order, which can carry a six-month jail sentence in California. Over time, gang members die, go to prison, move out of the area, or stop being active gang members.
Seventy-two members of the three gangs were targeted by police. The injunction was issued despite the efforts against it. Most had no contacts anywhere in San Diego County. This vagueness on the definition of loitering is what led to the rejection of the ordinance.
Or perhaps those who do reoffend do so less often due to fear of being apprehended, reducing the volume of crimes committed in the target areas. Chin agreed that courts can prohibit behavior even if it is legal but objected that the injunction.
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