Why is gang violence bad
The Youth Justice and Criminal Evidence Act introduced a range of measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses.
In cases involving gang offending, prosecutors should consider whether witnesses would benefit from any of the available special measures. Gang offending can have a devastating effect on victims.
Victim Personal Statements can be used by the sentencing court to illustrate the affect that the offending has had on the victim, see the Joint Agency guide to the Victim Personal Statement. Community Impact Statements CIS enable the court to consider offences in the context in which they were committed and take account of the harm inflicted on the wider community, see the Community Impact Statement guidance.
A CIS can be used to inform the sentencing court of the impact on the community of the prevalence of gangs. Part IV of the Policing and Crime Act allows the Police and local authorities to apply for injunctions to prevent gang related violence and gang-related drug dealing activity.
Gang injunctions allow Courts to place a range of prohibitions and requirements on the behaviour and activities of a person involved in gang-related violence. Examples of these conditions are set out under Section 35 and could include prohibiting someone from being in a particular place or requiring them to participate in rehabilitative activities.
The CPS does not have the power to apply for gang injunctions but should be consulted to discuss any potential impact on parallel criminal proceedings.
Gang injunctions are a valuable tool in preventing gang-related violence alongside a range of other prevention, detection and enforcement measures. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases.
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Search for Search for. Top menu Careers Contact. Gang related offences - Decision making in updates 04 November Legal Guidance , International and organised crime , Sexual offences , Violent crime , Drug offences. Urban street gangs Urban street gangs and many other gangs may evolve into organised crime groups OCG.
Denoting or relating to popular dance music associated with black performers. Denoting popular black culture in general. Gang offending Gang offending varies significantly and is not easily defined. Prosecution of Gang Offences When selecting charges in response to gang criminality prosecutors should have regard to Paragraph 6.
Prosecutors should refer to the substantive legal guidance for the relevant offences selected. Evidential Issues Where it may be difficult to prove specific acts of drug supply, consideration should be given to conspiracy charges in order to demonstrate the overall criminality.
Consideration should be given to whether the person has entered voluntarily into the activity, or has been groomed; threatened or manipulated. Further guidance is provided in the Human Trafficking, Smuggling and Slavery prosecution guidance.
Gangs sometimes post messages, in different forms, online. This may be intended to promote gang culture, and on occasion is used to glorify violence. Careful consideration should be given to whether specific acts of violence are being encouraged — this can be done online as well as in person.
Admissibility of Evidence of Gang Membership Where the prosecution case focuses on gang activity, it will be necessary to prove the existence of the gang and explain its relevance to the circumstances of the case. The Judicial College E-letter crime November provided a helpful summary of the relevant aspects of the decision: Evidence of a motive shared by gang members may be relevant and admissible without the motive being harboured uniquely by one defendant.
Evidence of the motive rebuts the argument: why would this defendant with no personal connection or dispute with V have killed him? Careful attention to the hearsay rule is necessary where, for example, the Crown seek to prove, properly by admissible evidence, the trigger, within the longstanding feud between the gangs, which led to the instant offence. The ambit of gang evidence will depend on the role it may have in assisting the jury to resolve issues in the case.
As part of the duty of an expert witness to the court, a police officer tendering expert evidence must make full disclosure of the nature of his material. His duty involves at least the following: He must set out his qualifications to give expert evidence, by training and experience.
He must state not only his conclusions but also how he has arrived at them. In relation to primary conclusions relating to the defendant or other key persons, he must go beyond a mere general statement that he has sources of kinds A, B and C.
He must explain where the particular information he is advancing has come; an example would be observations of a defendant in the company of others known to be members of a gang. Whether a conviction is likely to result in a significant sentence. This is an indicator of the seriousness of the offence. Whether the offence is widespread in the area where it was committed, noting the restrictions on deploying this evidence for the purposes of sentence in R v Marco Bondzie [Practice Note] [] EWCA Crim Whether there is evidence that the offence was premeditated.
Whether a prosecution would have a significant positive impact on maintaining community confidence. Whether there is evidence of a culture of carrying weapons which encourages violence and may lead to more serious criminal behaviour. Whether a weapon was used or violence threatened during the commission of another offence. Whether the suspect was a ringleader.
A suspect is likely to have a much lower level of culpability if they have been compelled, coerced or exploited, particularly if they are the victim of a crime that is linked to their offending. Whether the suspect is, or was at the time of the offence, suffering from any significant mental or physical ill health. In some circumstances this may mean that it is less likely that a prosecution is required. Any grounds for believing the offence is likely to be repeated.
Diversion and Youths When considering the public interest in any case, consideration will be given as to whether the matter can be appropriately dealt with out of court. Modern Slavery Act When dealing with allegations of gang offending and county lines offending prosecutors should consider the offences in the Modern Slavery Act , particularly where young or vulnerable people have been deliberately targeted, recruited and exploited.
Victims and Witnesses Victims and witnesses of gang related offending may not be willing to engage with the police and provide evidence, due to fear of retaliation. Special measures The Youth Justice and Criminal Evidence Act introduced a range of measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. Victim Personal Statements Gang offending can have a devastating effect on victims. Community Impact Statements Community Impact Statements CIS enable the court to consider offences in the context in which they were committed and take account of the harm inflicted on the wider community, see the Community Impact Statement guidance.
Orders Gang-Related Injunctions Part IV of the Policing and Crime Act allows the Police and local authorities to apply for injunctions to prevent gang related violence and gang-related drug dealing activity. For example, the police and local authority may use the closure power to close premises quickly which are being used, or likely to be used, to commit nuisance or disorder.
The shooting happened around p. Thursday in the first block of East 75th Street, a Fire Department spokesman said. Maze Jackson says he was stopped at a light at 24th and State streets when a truck rear-ended him and he was suddenly fighting with a man who took his car.
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Home Drive Working. Filed under: The Watchdogs News Chicago. Reddit Pocket Flipboard Email. Chicago police officers last Fourth of July weekend in the block of North Latrobe Avenue in Austin, investigating the shootings of two people, including a 7-year-old girl.
Sun-Times file. Arne Duncan. Thanks for signing up! Check your inbox for a welcome email. That is, the simple but compelling allure of risk taking. Since and the onset of austerity , many disenfranchised young people have felt the effect of cutbacks to youth services , which have in turn affected where and how they spend their time. Faced with the banality of routine existence and limited opportunity, risk-taking behaviour can, for some, become highly alluring and exciting.
The status of identifying as a gang member and adopting an all black dress-code; the anticipation of meeting up with the other members and planning antisocial or criminal acts; the exhilaration of the act itself and the thrill of getting way with it — all these elements combine to create a high-intensity emotional experience, according to my respondents, which can be further enhanced when there is some degree of success through material gain, after a drug deal, car theft or robbery.
The theory suggests that people who dress the same, or cover their faces, may act more aggressively and show less self awareness and inhibition than they would otherwise. Put simply, people feel a sense of liberation when running with a mob or being involved with a known street gang. The gang members on Merseyside that I interviewed for my research described wearing the same branded clothing, not only because it was a designer brand but also because they believed it made it more difficult for police to identify specific people from CCTV footage.
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