Description
Students will participate in an activity designed to demonstrate mastery of the material. Review the appendix on points and any other part of the book you feel necessary. Identify and review one each court case, newspaper article and television show/movie about three different gangs or organized crime group types identified in the course. Compare the actions of behavior of the suspects identified in the media you chose to the points structure. Identify the action and tally the points, with a brief analysis of each. One half page (400 words) should be the minimum length of the assignment for each media. Keep all three in one APA formatted document, with one title page and one references page.3 Gangs: Los Angeles Area Streat Gangs (Crips & Bloods)Chicago Area Street Gangs Prison Gangs I want you to look at three different sources and write on three different groups. You will note the appendix “on points” is Appendix B, which proposes a way to use the points system (thought to be objective) to determine whether someone is a gang member for penalty enhancement purposes.
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APPENDIX B
PROPOSED STATE POLICY: GANGS AND SECURITY THREAT GROUPS
This is a comparison/proposed compilation of the policy for State Departments of
Corrections and local Police. For each topic below, para. a indicates primary policy and
para. b indicates policy while incarcerated. Para c proposes those opportunities where a
combination of the two can be made without negative effect on the application of either.
Confirmation
a. Confirmed Gang Member: an individual will be considered a confirmed gang member when
he/she achieves 10 or more points from the below criteria.
b. Confirmation as an STG suspect/confirmed member will be based on the ten-point scale of
identifiers contained in the Criminal Intelligence Submission Report CR-3536. STG files will be
initiated once an inmate has one or more of the identifiers listed below:
1. Self Admission
a. Self Admission: (describe in narrative). (9 points)
b. Inmate admits to being an STG member and signs a statement of admission or admits in the
presence of two staff members who will sign attesting to the admission. (9 points)
c. Individual admits to being a Gang/STG member and signs a statement of admission or admits
in the presence of two witnesses who will sign attesting to the admission. (describe in narrative)
(9 points)
•
Admission must be documented with date of admission and name of officer or
investigator who heard the admission in a police report, corrections report, field contact
memo, or recorded statement.
•
A vague admission about membership, for example, “I hang with the ** (gang name)
**,” should be clarified, and the precise admission documented (MVCCC, 2012).
2. Tattoos
a. Gang Tattoos/Brands (attach photo or describe). (8 points)
b. STG tattoos: Has tattoo(s) that are recognized as being associated with a particular group or
set. (pictures of tattoo(s) to be placed in the STG intelligence file) (8 points)
c. Gang/STG tattoos/brands: Has tattoo(s), brands, or other permanent or semi-permanent
marking on skin/facial hair recognized as associated with a particular gang, crime group, or set.
(pictures of tattoo(s), brand, marking placed in intelligence file and described in narrative)
(8 points)
•
Tattoos and brands must be photographed or described in detail, using factual, nonsubjective language. For example: “6-Pointed Star obtained 6 months ago” is a good
description; “** (gang name) ** Star” is not.
•
To be considered a “gang tattoo” or “gang brand,” the gang-related nature of the tattoo or
brand must be confirmed by an officer or investigator with adequate training and
experience. (MVCCC, 2012).
3. Hand Signs/Symbols/Logos
a. Use of hand signs, possession/use of symbols, logos, graffiti that clearly indicate gang
affiliation. (list specific symbols/signs used) (3 points)
b. Use/possession of symbols or logos, hand signs, colors, etc. (copies of supporting evidence are
to be placed in the STG file) (3 points)
c. Use of hand signs, possession/use of symbols, logos, graffiti, colors, etc. that indicate
Gang/STG affiliation. (list specific symbols/signs used in file and described in narrative) (3
points)
•
Graffiti should be described in detail using factual, non-subjective language. Example:
“132 SGC painted on wall” is a good description; “** (gang name) ** graffiti painted on
wall” is not.
•
Graffiti and gang-specific writings found on walls, notebooks or other items should be
photographed or described in detail in a police report, corrections report or other
documentation and, if possible, property inventoried.
•
The gang-related nature of the writings or graffiti must be confirmed by an officer or
investigator with adequate training and experience.
(MVCCC, 2012)
4. Wearing of Gang/STG colors, gang clothing, gang paraphernalia
a. Wearing of gang colors, gang clothing, gang paraphernalia in such a way that indicates gang
affiliation. (list specific items and colors in narrative) (1 point)
b. Wearing of STG colors. (photos or other supporting documentation is to be placed in the STG
file) (1 point)
c. Wearing of Gang/STG colors, clothing, paraphernalia in such a way that indicates affiliation.
(include photos, other documentation and list specific items and colors in narrative) (1 point)
•
Suspected gang symbols and clothing worn or possessed must be evaluated in the context
of how they are worn or the location they are recovered.
•
Clothing, jewelry or items with suspected gang symbols or gang-related monikers should
be photographed and, if possible, property inventoried.
•
When items cannot be photographed or inventoried, the gang-related items should be
described in detail using factual, non-subjective language. For example: “Blue jersey
with # 13 on back” is a good description; “** (gang name) ** jersey” is not.
•
Many symbols have multiple meanings and may not be a gang symbol to everyone. The
gang-related nature of the clothing or symbols must be confirmed by an officer or
investigator with adequate training and experience. (MVCCC, 2012).
5. Possession of Gang/STG documents
a. Possession of Gang Documents – roster, procedure, by-laws, etc. (describe in narrative). (3
points)
b. Possession of STG documents: rosters, bylaws, and codes, etc. (copies of documents to be
placed in the STG file) (3 points)
c. Possession of Gang/STG documents: rosters, procedures, bylaws, codes, etc. (copies of
documents and description in narrative) (3 points)
6. Possession of commercial Gang/STG publications.
a. Possession of commercial Gang-related publications (describe in narrative). (1 point)
b. Possession of STG commercial publications. (copies of publication are to be placed in the
STG file) (1 point)
c. Possession of Gang/STG commercial publications. (copies of publication are to be placed in
the STG file, describe in narrative) (1 point)
7. Participation in commercial Gang/STG publications*
a. Participation in gang publications – submitting articles, illustrations, etc. (describe in
narrative) (8 points) *
b. Participation in commercial STG publications: submitting articles, artwork, etc. (copies of
publication are to be placed in the STG file). (9 points) *
c. Participation in commercial Gang/STG publications: submitting articles, illustrations,
artwork, etc. (copies of publication to be placed in file (describe in narrative). (9 points)
8. Consistently in contact with Gang/STG members
a. Consistent observed contact with confirmed gang members (document observations – describe
in narrative). (2 points)
b. Consistently observed contact with STG members. (documented contact by use of written
statement, LCDG contact note, or e-mail from staff observing contact to be placed in STG file)
(2 points)
c. Consistently observed contact with Gang/STG members. (document by written statement,
internal memo/note, or e-mail from department/organization employee observing contact to be
placed in file) (2 points)
•
Family interactions are not considered to be gang-related unless there is criminal activity
involved.
•
Interactions must be voluntary and related to gang activity. For example, a person
associating with a gang member because both work at the same location, absent gangrelated activity between the two, does not meet this criterion.
•
Observations must be documented in a police report, corrections report or field contact
memo and include the date, time, and location of the interactions.
•
A minimum of three documented observations of gang-related interaction in the previous
12-month period is needed to meet the “regularly observed with” portion of this criterion.
(MVCCC, 2012).
9. Contact with Gang/STG members.
a. Known contact with confirmed gang members. (document contact and list confirmed gang
member) (1 point)
b. Known contact with STG members. For example, inmate is involved in an STG related
incident along with confirmed STG members. (1 point)
c. Contact with STG members. (interacting in person, verbally, digitally, or otherwise
communicating with other gang members, directly or indirectly, or involved in Gang/STGrelated incident with confirmed STG members) (1 point)
•
Individual is arrested with a gang member for an offense consistent with gang-related
criminal activity.
•
Arrests must be documented in a police report, corrections report or field contact memo
and include the date, time, and location of the arrest (MVCCC, 2012).
10. Participating in a photo with Gang/STG members.
a. Participating in a photo with confirmed gang members (attach photo or describe in narrative).
(2 points).
b. Participating in a photo with known STG members. (copy of photo(s) are to be placed in the
STG file). (2 points)
c. Participating in photo with known Gang/STG members. (copy of photo(s) to be placed in file,
describe in narrative). (2 points)
•
Photographs or images should depict evidence of gang-related criminal activity, such as a
person holding a gun or wearing or displaying gang-related signs, symbols, clothing or
graffiti.
•
A single photograph or image with a gang member, absent any depiction of criminal
gang- related activity or displaying gang-related signs, symbols, clothing or graffiti, may
count only as one of three documented occasions of association in the previous 12-month
period under criterion #8.
•
Photographs or images recovered from or depicting gang members obtained by consent
or during a lawful search should be inventoried or otherwise preserved and the chain of
custody maintained.
•
Images from social networking sites or other online sources should be downloaded and
identified with the name of the person who posted it (if known), the date of posting (if
known) and the URL of the site.
•
The gang-related nature of the clothing or symbols must be confirmed by an officer or
investigator with adequate training and experience. (MVCCC, 2012).
11. Outside jurisdiction documents.
a. Outside jurisdiction information/documents (document correspondence). (5 points)
b. Outside jurisdiction intelligence/documents. (identify source and place copies in the STG file).
(5 points)
c. Outside jurisdiction intelligence or information/documents (identify source, place copies in
and document correspondence in file). (5 points)
12. Correspondence with Gang/STG members.
a. Sending/receiving correspondence to/from confirmed gang members (document
correspondence). (3 points)
b. Sending and receiving correspondence to/from STG members. Correspondence must contain
Gang/STG content and must be to/from a confirmed member. (copy of correspondence is to be
placed in the STG file). (3 points)
c. Sending and receiving correspondence to/from Gang/STG members. Correspondence must
contain Gang/STG content and must be to/from a confirmed gang/STG member (copy of
correspondence to be placed in file). (3 points)
•
Correspondence or other communication between gang members, especially to and from
incarcerated individuals, frequently contains references to other gang members and
criminal and gang-related activity. They should be documented and, if possible, property
inventoried.
•
Messages and/or online conversations about criminal or gang-related activity on social
networking sites should be downloaded or otherwise electronically preserved. (MVCCC,
2012).
13. Named a Gang/STG member in correspondence.#
a. (1) Named a gang member in correspondence# (document correspondence). (8 points)
(2) Subject’s name appears on a gang roster, hit list, or gang-related graffiti# (describe in
narrative). (8 points)
b. Named a STG member in correspondence# Suspect is named in correspondence involving a
confirmed member or is listed as a member on a confiscated STG roster. (copy of material is to
be placed in STG file). (8 points)
•
Gang rosters on any media, including on clothing or in graffiti, should be photographed,
and, if possible, property inventoried.
•
There must be sufficient documented information matching the name with a specific
individual before this may be counted as a criterion.
•
Graffiti containing threats against an individual should be photographed or described in
detail.
•
A list of suspected gang members generated by a law enforcement agency is NOT a gang
roster. (MVCCC, 2012).
14. Confirmation through outside agency gang unit or database.*
a. Confirmation through outside agency gang unit (document information source). (10 points)*
b. Confirmation through outside agency gang unit or gang database. (copy of documentation to
be placed in STG file). (9 points) *
c. Confirmation through outside agency Gang/STG unit or gang database (copy of
documentation to be placed in file. (9 points)
•
Is identified as a gang member by a person with sufficient knowledge of gang activity to
qualify him/her as a reliable source.
•
Reliable sources must have a demonstrable basis for their knowledge; rumor and
speculation are insufficient. Reliable sources may include persons of authority or those
with a personal connection to the individual.
•
Reliable source information must be documented in a police report, corrections report or
field contact memo. A reliable source may be called upon to testify about his/her
knowledge of an individual’s gang involvement. (MVCCC, 2012).
15. Engaged in Gang/STG Crime or activity.*
a. (1) Subject involved in criminal gang incidents (describe in narrative). (8 points)*
(2) Subject’s victims or targets of crime are members of a rival gang. (document the victim
and list confirmed gang name). (5 points) *
b. STG related disciplinary. Inmate is convicted of possession of STG materials, participating in
STG activity, or as a perpetrator with confirmed STG members in a disciplinary involving STG
activity i.e. homicide, assault, strong arm activity, etc. (5 points) *
#
Subject identified as a gang member by another gang member (document the contact and list
confirmed gang name). (8 points)
#
Subject identified as a gang member by a reliable informant. (9 points)
————————————————————————————————————————–* indicates a discrepancy or difference between a & b versions of more than terminology
(Gang to STG).
#
need to determine application based on case law (Crawford v. Washington, 541 U.S. 36
(2004). P59: Testimonial statements of witnesses absent from trial have been admitted only
where the declarant is unavailable, and only where the defendant has had a prior opportunity to
cross-examine. P 68: Where nontestimonial hearsay is at issue, it is wholly consistent with the
Framers’ design to afford the States flexibility in their development of hearsay law — as does
Roberts, and as would an approach that exempted such statements from Confrontation Clause
scrutiny altogether. Where testimonial evidence is at issue, however, the Sixth Amendment
demands what the common law required: unavailability and a prior opportunity for crossexamination. P69: Where testimonial statements are at issue, the only indicium of reliability
sufficient to satisfy constitutional demands is the one the Constitution actually prescribes:
confrontation.
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