Antigang Legislation and its Potential Impact: The Promises and the Pitfalls

Abstract

A number of state legislatures have developed new strategies for addressing the problems of gang-related criminal behavior. Legislatures have both enhanced traditional criminal laws and drafted new legislation aimed specifically at alleviating the gang problem. One of the most comprehensive approaches originated in California where the first statute aimed exclusively at prohibiting the activities of criminal street gangs was enacted. The California Street Terrorism and Enforcement Prevention Act's primary focus was to make it a criminal offense to engage in criminal gang activity. A multitude of other states quickly followed suit and passed similar legislation. The purpose of the article is to examine the approach taken by state legislatures to make participating in gang activities a substantive crime. This approach will be analyzed in terms of its potential effectiveness as well as its potential for abuse and discriminatory application. Last, suggestions for improving existing statutes will be offered.