NCJ Number
148844
Journal
Journal of Juvenile Law Volume: 14 Dated: (1993) Pages: 47-62
Date Published
1993
Length
16 pages
Annotation
The nature of existing antigang laws, how other anticrime statutes may be applied to gangs, and the future of antigang legislation are examined.
Abstract
This note discusses current antigang legislation including the Illinois "gang-transfer" statute, the effect of which is to transfer a juvenile gang member from the juvenile justice system into the more punitive criminal justice system when his conduct fits within the statutory scheme described, and the California Street Terrorism Enforcement and Prevention Act (CSTEPA), specifically the sentence enhancement provision contained in the Act. Also included is a brief examination of the application of Federal racketeering and drug organization legislation, e.g., the Racketeer Influenced and Corrupt Organizations Act (RICO), to prosecute gang members. Many States have enacted antigang laws modeled after the CSTEPA's hard-line approach rather the less punitive Illinois gang-transfer statute. The number of antigang statutes shows a trend toward tougher penalties and more fervent prosecution of gang members. Also included is a summary of pertinent parts of the proposed Crime Control Act of 1993, including various gang- suppression approaches, such as Juvenile Drug Trafficking and Gang Prevention Grants, Cop-on-the-Beat Grants, and Safe Schools Assistance Grants. Footnotes