Addressing the need for a uniform definition of gang-involved crime - Perspective

FBI Law Enforcement Bulletin,The,  Feb, 2003  by Mike Langston

• E-mail
• Print
• Link

A key issue in combating youth gangs is providing a uniform definition for them, distinguishing them from troublesome youth groups and adult criminal organizations. (1)

"A group must be involved in a pattern of criminal acts to be considered a youth gang. These groups typically are composed of only juveniles, but may include young adults in their memberships." (2) "A criminal street gang refers to three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities." (3) "A street gang is a cohesive group, with most members between the ages of 11 and 21, that has a recognizable geographical territory (usually defined with graffiti), leadership, a purpose, and various levels of organized continuous course of criminal activities." (4)

These three examples of what constitutes a gang illustrate the variety of definitions of the term. With the surge in gang-involved criminal activity over the past 20 years, it would seem likely that the law enforcement community would have a commonly recognized definition for what typically is called gang-related or gang-motivated crime. The need for such a definition within the community would appear obvious on its face. However, a review of published books, articles, and law enforcement policies revealed that no uniform definition used openly articulates what constitutes a gang-involved crime. (5) Rather, considerable differences existed in what the law enforcement profession considers as gang-related or gang-motivated crime. Such variations in definitions and reporting characteristics can lead to inaccurate and unreliable gang-related crime statistics, which, in turn, can distort any national estimate of the gang problem and the extent of gang-related crime. What can the law enforcement community do to rem edy this?

THE IMPORTANCE OF UNIFORMITY

"The definition problem is not trivial. How to define a youth gang is one of the most contentious issues in the field of youth crime. Policymakers, law enforcement personnel, social service agencies, researchers, and other groups have not been able to reach consensus on this issue over the past 25 years, and current efforts to reach this goal have thus far met with only limited success. There is little disagreement among those who study or deal with gangs that the availability and widespread use of a uniform definition would be extremely useful for a variety of important purposes, but few are willing to relinquish and replace the definitions that have become established within their agencies and are intimately related to agency operations..." (6) Herein lies the issue that can lead to vagueness, conflict, and denial, without a uniform gang-involved crime definition.

With these difficulties in mind, the author suggests a uniform gang-involved crime definition that he believes can consider both the gang member-based and activity-based is sues. Adoption of a uniform policy would benefit the entire law enforcement community in several ways.

* All in law enforcement could communicate in the same "definition language" and would understand what someone from another agency meant when referring to a gang member or a gang-involved crime.

* Law enforcement officers would better understand their own agency's policy on gang-member and gang-involved crime definitions and could apply those definitions when documenting gang reports and investigating gang-involved crime.

* Officers could provide more complete and accurate information in police reports. improving the content and accuracy of police records.

* Databases from different agencies could share information in common terms, reducing confusion about whether a person is a gang member and in which, if any, jurisdiction.

* Trainers could communicate the same information when instructing law enforcement personnel on gang awareness, identification, investigation, prosecution, and prevention. Training materials would cover the same information and criteria.

* Commonality would exist when discussing gang members or gang-involved crime with prosecutors, thereby aiding in the case presentation at trial for motive (common design) and method of operation, as well as sentencing proceedings.

* Courts and juries would better understand the testimony of expert witnesses on the issue of gang members and gang-involved crime as departmental, or even state or federal, law enforcement operating guidelines would document the explanations given by these witnesses.

* Corrections facilities would better understand incoming inmates and their gang involvement, if any.

For these reasons, as well as others, the law enforcement community should address the need for a uniform gang-member definition. A set of definitions--open enough to encompass all of the relevant criteria, yet specific enough for courts to accept and uphold--incorporated into a model operational policy could offer a workable and practical solution for classifying gang members and gang-involved crime.