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April 6, 2010

House goes after gangs

The House of Delegates this morning approved a get-tough on gangs measure -- over the opposition of black and Hispanic delegates from the state's urban areas who worried it would be overreaching.

Delegates and prosecutors had been working on the bill for months, saying they had addressed some concerns of public defenders civil liberties groups. The compromise that emerged defines what a gang is and gives judges the ability -- but not the mandate -- to extend by up to a decade prison terms for members convicted of certain crimes.

Del. Ana-Sol Gutierrez, a Montgomery County Democrat, warned that the anti-gang measure is "bad public policy" because it is "criminalizing kids." Del. Aisha N. Braveboy, a Prince George's County Democrat, said the bill "brings in people who may or may not be associated with a crime."

But the sponsor of the bill, Del. Gerron S. Levi, a Prince George's Democrat, called those concerns baseless.

"It does not punish 'association,'" Levi said. She argued that the new statute is detailed in who can be subjected to the extended sentences, saying a person must be convicted of a crime, a proven gang member and either have killed someone or committed two gang-related offenses.

The debate now moves to the Senate, where Baltimore State's Attorney Patricia C. Jessamy has urged Democratic city Sen. Lisa Gladden, "to help guide the bill to a quick vote in the Senate." Gladden is vice-chairwoman of the Senate Judicial Proceedings Committee, where the gang bill has lingered. But she's also a public defender likely to oppose the new measure.

Posted by Julie Bykowicz at 12:12 PM | | Comments (8)
Categories: Crime & Justice, General Assembly 2010
        

Comments

Gang legislation is always difficult. It is not illegal to be a member of a gang, First Amendment and everything.

When people think of gang they automatically think of urban street gangs but it is not that easy a definition. Was the clique of teenagers that harassed that poor girl in NJ a "gang"? They were acting as a group, in concert, to commit crimes.

So it is always a sticky legal situation when going after and attempting to define "gang activity".

Still glad to see that people are trying to crack this issue.

I cant believe anyone would defend a gang or say anti-gang laws target children. We need to save our kids from joining gangs, and put out commercials that threaten people who may join a gang. Gangs dont provide anything of value, and should be discouraged. Liberals and the ACLU have ruined this country.

The WORST gang by far that does more harm than any and has more power is the gang meeting right now in Annapolis.

They must be stopped at all costs.

Bob, you are missing the point.

The first amendment protects the freedom of assembly and speech - meaning you can belong to any group, party, sect, militia or gang you want.

The problem comes when those groups, etc... perform illegal acts.

One side of the argument says the group means nothing and we need to simply prosecute the act - the other says that the group fosters and encourages the act so therefore we need to go after the group perpetrating acts.

I applaud the state for taking up this cause - but it is a sticky constitutional issue.

There's no question that gangs are a menace to society. There's no question that youth who get involved in gang activity are horribly misguided. Nevertheless, I feel our reactions are more a part of the problem than the solution. OT1H, gangs are largely fueled by Prohibition; without Prohibition laws, the black market profits would not exist to fund gang activity (whether from prostitution or drugs). OTOH, the youth in the hood that choose the follow that path aggressively are the youth that are aggressively seeking to change their economic circumstances. Yes, they are horribly misguided, but they are showing initiative and imagination by doing ANYTHING to make their life something other than the relentless hopelessness of the ghetto. If we as society were doing a better job of guiding the youth, maybe they would be using that energy to rehabilitate their communities rather than destroy them. Every kid that ends up in an orange jumpsuit makes me feel like a failure as a citizen, regardless of whether I feel safer that they've been "put away"..

We in the advocacy community should be pissed off and more of us need to stand up for what is RIGHT!! The old advocacy communities around this issue have been paid-off, shut-up, or shut-down.

HOW LOUD!!! Do I have to SCREAM before someone hears me? Our children and families are crying out for help not punishment.
"It is easier to build children than it is to repair adults"

People let’s get serious this gang legislation is clearly a sign of how fear drives policy.

If many of you who support this over-rated gang crap should take the time out to listen to some of the testimony given in Annapolis, they were talking about children like they were animals or monsters and not even being human. I heard more compation for animals than I did for our children.
I've heard that we have moved from 600 to 900 gangs in MD that is ludicrous those aren't GANGS that the MOFIA .
This legislation will only drive more minorities and poor people into prison to be capitalized upon. This is just another form of modern day slavery, and it has very little to do with public safety, because if we really cared about safety, and our children than we need to face the real reasons why they are driven to GANGS and not FAMILY where is the legislation aground that issue.

Ms. Kimberly Armstrong
Professional Parent & Youth Advocate
Founder & CEO Eric R. Villines Advocacy Institute
"APPLIED INFORMATION IS POWERFUL”


I agree with The House of Delegates going after gangs. First of all, speaking for myself and probably some others, when hearing the word “gang”, nothing nice comes to mind. Second of all, it’s been time to take action because of the amount of crime gangs commit. Third of all, gang population is increasing. Statistics show that Maryland has more than two hundred gangs with more than a thousand gang members. Naming a few, Bloods, Crips and MS-13s, have been around for many years and been taking part to some vicious, cruel, and ruthless crimes we hear about, which sometimes cause innocent people their lives. Yes, the First Amendment protects the freedom of speech, press, religion, assembly, and petition which gives the right to belong to any organization (or gang). Although, being a gang member is not illegal but the acts of crime committed by gangs are. Gangs are terrorizing our community and neighborhoods and they need to be stopped. I thank the state for wanting to do something about this. Gangs must be stopped.

Anti-gang legislation of this type is sorely needed. I suspect that a lot of people making comments here have not actually read the bill. You can find it under mlis.state.md.us and I recommend reading it.

It adds an additional, and consecutive (not concurrent in most cases) penalty, especially in situations where an adult orders a minor to commit crimes on behalf of a gang.

In addition, the Senate version recognizes that legitimate organizations such as fraternities or neighborhood associations may have members who are committing crimes in an organized fashion. The legislation would, for example, make the distinction betwen a legitimate fraternity, and members of that fraternity distributing "roofies" (rohypnol), a banned drug well known for use in date-rapes. The whole fraternity would not be prosecuted as a gang, but second convictions for individuals within that fraternity would apply the heavy "gang penalties" to those members with a second conviction.

Here in Montgomery County, the policies in place simply have no worked; it's been far too little and far too late. It's got to the point where afterschool programs can't make a difference, the only thing that will make a difference is locking up people for a long time. They don't show fear of the penalties, but the long prison sentences will simply take them off of the street and put them where they can do no more harm to the public at large.

I urge people to read the Senate Bill, SB 517, as amended, and contact your State Senator's office and to also contact the offices of the Senate Judicial Proceedings Committee which now has the bill. Remember, do this RIGHT NOW. There is no time to waste.

Keep in mind, this won't target a church, but it would target church members who assault people that they don't like. This won't target the KKK, but it will lock up violent members for 20 years on top of the original sentence. This also has very powerful disincentive against witness intimidation, jury tampering, and trafficking in human cargo such as importing illegal alien women to work as sex slaves. That last is a huge and rapidly growing problem, and Maryland prosecutors need a strong law to deal with it. This is that law.

Call NOW!

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About the bloggers
Annie Linskey covers state politics and government for The Baltimore Sun. Previously, as a City Hall reporter, she wrote about the corruption trial of Mayor Sheila Dixon and kept a close eye on city spending. Originally from Connecticut, Annie has also lived in Phnom Penh, Cambodia, where she reported on war crimes tribunals and landmines. She lives in Canton.

John Fritze has covered politics and government at the local, state and federal levels for more than a decade and is now The Baltimore Sun’s Washington correspondent. He previously wrote about Congress for USA TODAY, where he led coverage of the health care overhaul debate and the 2010 election. A native of Albany, N.Y., he currently lives in Montgomery County.

Julie Scharper covers City Hall and Baltimore politics. A native of Baltimore County, she graduated from The Johns Hopkins University in 2001 and spent two years teaching in Honduras before joining The Baltimore Sun. She has followed the Amish community of Nickel Mines, Pa., in the year after a schoolhouse massacre, reported on courts and crime in Anne Arundel County, and chronicled the unique personalities and places of Baltimore City and its surrounding counties.
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