Is it illegal to belong to a gang?
In the United States, it′s not against the law to be a member of a gang. The First Amendment′s freedom of assembly gives you the right to join any group or club, assuming you meet their requirements. Membership in the Ku Klux Klan, a neo-Nazi group, or a white supremacist organization isn′t illegal. The individual acts of a member may be unlawful, but not the mere fact of membership.
Gang-related shootings, stabbings, and violence connected with drugs and alcohol happen every day. Schools, law enforcement agencies, and community organizations are working together to confront this problem. Los Angeles, for example, has the After School Alternative Program (ASAP) to help young people make better use of their time after school until a parent gets home from work. Legislatures have also passed stricter laws regarding gang activities, with increased penalties for gang crimes.
In September, 2010, the country of El Salvador passed a law making it illegal to belong to a street gang. This was in response to an attack on a passenger bus by members of the Mara 18 gang that left seventeen people dead. Gang membership is punishable by four to six years in prison.
This post was written by Tom Jacobs. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
i was recently hanging out with my friends when then suddenly officers get out of their car started questioning us(although we were just talking) they search me and my 2 friends and then started asking me and my friends if wat gang were from without even knowing if we were from one( although we are from one we refused to answer) then one of the officer i guess saw my tattos and ask by me neck by my chest and told me to raise my shirt to see my gang affilate i didnt do it so he did it they ended up talking to us then they left. ive had a lot of friends who are indeed in a gang and some who dont belong to one that end up being question by police even if their out there doing nothing especially in the park. do i have to answer their questions if i get stop by one them asking me things ….. or can i get arrested if i dont answer their question like wat gang im from
Dear Thomas: You raise some very good points. Under the Constitution you have a right to remain silent when questioned by the police. However, there are exceptions that require you to answer basic questions regarding who you are. If the police stop you and ask for your name and some identification you are required to respond. Beyond that you can invoke your right to remain silent. In order for the police to arrest you they need probable cause that a crime has been or is in the process of being committed and that you’re involved. Also they can arrest you if they have an arrest warrant, but the warrant is also based on probable cause. Good luck.
[This is information only - not legal advice].
i was recently in front of my house with my friends when two police started questioning only me not my friends just me i dont know why they wanted to check me i told them i dont consent to a search yet they still checked me he says that he was alowed to check wat can i do at this point that they broke my rights to consent to a search .. compton ca
Dear Marcus: The circumstances surrounding the search determine whether it was a lawful or unlawful search. Such factors as officer safety, plain view of evidence supporting a crime, consent, probable cause and reasonable suspicion come into play. You could discuss the incident with a criminal lawyer or the officer’s supervisor and ask for an explanation. Good luck.
[This is information only - not legal advice].
if im walking at 12am in the block and the police come and tell me the stupid excuse that i look suspicious because im out here at night in a gang infested neiborhood,,, and then tell me to take my shirt off to see my gang tattos do i have to take it off considering the fact i didnt do no crime… they threaten me that if i didnt show them my gang tats they would charged me with gang terrozing sumting like that i forgot….im 18 and have a clean record im from compton.
Dear Darrel: We are all required to follow a lawful order of the police. Otherwise it may be a crime such as obstructing, interference with an investigation, or failure to follow an order given by law enforcement. If you question the legality of the command, talk with the officer’s supervisor or consult an attorney in your area who’s familiar with criminal law and police matters. Good luck.
[This is information only - not legal advice].
Is it illegal to belong to a gang? http://t.co/ZAQmlDzP
not all gangs turned out to be a bad gang in the first place and the Latin Kings are proof of that. it only began as someting to help the latino community…..
Dear Dana: You’re right – not all gangs are bad or into criminal activity. The word “gang” has a sinister meaning but some are examples of law-abiding groups. Thanks for your comment.
(This is information only – not legal advice).