(09-12-2017 09:57 AM)Lush Wrote:  i would think that the database shouldn't exist in the first place because being a gang member isn't against the law. that whole freedom of assembly. if they commit a crime, then it's another matter

Quote:Generally, being a member of a gang is not in and of itself illegal; however, it is likely to lead to illegal activity which is generally punished more harshly if there is a gang affiliation. This is because many states define gangs as groups that include a purpose of committing crimes or illegal acts. However, as history has shown, figuring out who is actually in a gang is not easy.

Quote:To fight the gang problem, a majority of states have gang enhancements that can be applied to other criminal charges that will typically make the punishment, if convicted, stricter. Additionally, state and federal law enforcement maintain gang member databases, so that law enforcement can more easily determine if a suspect, arrestee, or detainee is a current or former gang member.

Quote:The Gang Injunction

When a geographic area is considered a high crime area as a result of gang activity, local governments can seek to have courts order gang Injunctions. These allow the high gang activity areas to be more easily policed by creating a defined set of rules for the area.