Sunday, October 26, 2008

What I think would occur if this proposition is passed

Let’s get specific on proposition 6. How exactly would proposition reduce gang-related crime? The major changes the proposition will have on the criminal justice system? Some of these modifications I have already discussed in detail, such as criminal background checks for public housing residents, eliminating bail for undocumented persons and try youth as young as 14 in an adult court for certain crimes.

What proposition 6 will also induce “gang injunction procedures” which gives law enforcement the right to “bring lawsuits against members of street gangs” or to charge someone before they actually commit a crime in order to prevent the crime from happening. So if someone if is identified as a gang member, they could be held responsible for a crime that actually did not occur This is really making me laugh right now, it shouldn’t because it is a very harmful policy that grants law enforcement a significant amount of power.

It makes sense that if someone is already identified as a gang member, then people might support this facet of the proposition. However, California’s databases are not accurate and do not document gang members in California. It is so bad that Attorney General Bill Lockyer stated that “this database cannot and should not be used, in California or elsewhere, to decide whether or not a person is dangerous or should be detained” (San Francisco Chronicle, http://www.votenoprop6.com/nam_082108.html).

The proposition requires the modification of these databases, though defining a persona s a gang member could be dangerous and inaccurate. Since sentencing would be harsher for known gang members, many who are labeled as such, but no longer affiliate as a member could be caught in a gang injunction or tried harsher than the law finds fair.

It is interesting to note that this database would be updated by requiring gang members themselves to register as such. I do not believe this is very likely, and it seems pretty ridiculous to expect this to actually take place. Basically, the data bases wouldn’t change too much, and California law enforcement would operate in a very interesting way.

What I have not seen discussed, is the problems that will arise between police officers and targeted communities. The prop clearly aims to single out ethnic minority youth in inner cities. A harsh and possibly unfair attack on individuals would not go by well, I assume of course. The solution of the proposition almost seeks to hunt down and lock up gang members (and non-gang members) in such a way that would inevitably create animosity between the two societies.

California needs to address crime, just not in a way that will possibly endanger others in the process. To further instigate a real shitty relationship between officers and perceived gang members is not a very intelligent way of preventing gang violence. To alienate and hunt a people does not make them very happy, and does not prevent them from further committing crimes (the discrimination just pisses them off).

California General Election
Prop 6 POLICE AND LAW ENFORCEMENT FUNDING.CRIMINAL PENALTIES AND LAWS. INITIATIVE STATUTE.
http://www.voterguide.sos.ca.gov/analysis/prop6-analysis.htm

1 comment:

oli morfin said...

You have a strong point about the assumptions of "who are gang members". people who aren't affiliated with gangs will also become victims if this proposition gets passed. not to mention relationship worsen among those who enforce the law and people from areas of high crime rates due to mislabeling...