GANGS: CONSIDERATIONS FOR COURTHOUSE SAFETY

(1)

GANGS:

CONSIDERATIONS

FOR

COURTHOUSE

SAFETY

Keith G. Burt

March 4, 2015

San

Diego

Appleton

(2)

SAN

DIEGO

COUNTY

8/21/2014 University of Phoenix, San Diego – Chula Vista Learning Center 5

TODAY’S

TOPICS

•

Gangs

– Same

page

knowledge

base

•

Potential

gang

‐

Breaches

&

Resultant

Harm

•

Responses,

Preparation

&

Prevention

•

Specific

Vulnerable

Locales

–Courtroom, Courthouse Complex, Contiguous Areas, Public places, Your Home

(3)

LEARNING

GOALS

1. Awareness

/

understanding

of

potential

gang

threats

to

the

court

2. Be

able

to

identify

those

potential

dangers

3. Know

measures

to

prevent

/

avoid

those

dangers

4. Be

ready

to

prepare

implementation

of

those

measures

Gangs

Vary

Greatly

in

the

U.S.

•

Geographic

Region

•

Ethnic/Racial

Make

‐

up

•

Types

of

Activities

•

Organizational

Structure

•

Historical

Perspectives

•

Social

Interaction

vis

‐

à

‐

vis

gender

&

ethnicity

•

Size

•

Heritage

•

Urban

vs.

Rural

•

Relationship

with

Community

•

Reasons

for

Being

What

is

a

Gang?

(4)

REASONS

FOR

DEFINING

A

GANG

•

Intel

Gathering

•

Case

Investigation

•

Public

Protection

•

Effective

Prosecution

•

Crime

Solving

•

Officer

Safety

•

Crime

Suppression

•

Meaningful

Statistics

•

Social

Science

Study

GANG

DEFINITION

#

1

1.

Name / Identifiable Leadership

2.

Turf (Geographic / Economic

Criminal Enterprise)

3.

Regular Association

4.

Engage In Crime / Delinquent Acts

GANG

DEFINITION

#

2

•

3

or

more

members,

generally

aged

12–24.

•

Members

share

an

identity

–

Typically

linked

to

name /

symbols.

•

Members

view

themselves

as

a

gang

–

recognized

by

others

as

a

gang.

•

Permanence

and

degree

of

organization.

•

Involved

in

elevated

level

of

criminal

(5)

A

Gang

by

any

other

Name

is

a

Gang

•

Gang

•

Posse

•

Clique

•

“Those

guys

/

girls”

•

Crew

•

Set

•

Clika

GANG STRUCTURE 1

HARDCORE

GANG STRUCTURE 1

HARDCORE

(6)

HOMICIDE

DRUG SALE MOTIVE

HOMICIDE REAL OR IMAGINED THREAT HOMICIDE GANG MOTIVE AUTO THEFT ROBBERY: SUPER MARKET, ATM, LIQOUR STORE, AUTO, ATHLETIC STORES, AND STREET ATTACK

BURGLARY

HARDCORE CRIMES

5-25 HARDCORE

GANG STRUCTURE 1

HARDCORE

PERIPHERAL’s

Gang Structure - 2

Undisputed

Leader

Undisputed

Leader

(7)

Gang Structure - 2

Conflict

Undisputed

Leader

REORGANIZATION

Gang Structure - 2

Undisputed

Leader

Conflict

Gang Structure 3

Gang Banging Gang Banging Street Dealing MAJOR DRUG CONNECTION MAIN OPERATOR

(CLOSE/BEST FRIEND) PRIMARY

DRUG SOURCE LEADER Gang Banging Gang Banging Gang Banging Other Criminal Activities and Affiliations Gang Banging Drug Distribution Operations

(8)

What

is

a

Gang

Member?

No

Universally

Accepted

Definition

•

Anyone

perceived

to

be

a

willing

participant

acting

in

concert

with

a

gang’s

delinquent

or

criminal

behavior,

or

a

self

‐

acknowledged

member

of

a

gang.

How

Many

Gangs

&

Gang

Members

•

30,700 gangs

850,000 members

National Youth Gang Survey (NGC)

estimates based on law enforcement

reports, in 2012—throughout 2,199

jurisdictions across the United States.

•

30,313 gangs

1,140,344 members

National Gang Intelligence Center (Fed.

agencies) estimates for 2011.

How

Many

Female

Gang

Members

• Law Enforcement:

–7.4% (NYGC Survey 2010), i.e., 62,000

•(If 40% in 2010 are under 18 years, girls =

25,160)

• Researchers:

–33% Fagan (1989)

–20%‐46% Esbensen and Huizinga (1993)

–24% NLSY* (1997)

(9)

THE

COURTS

Why

Do

We

Care

About

Gangs?

•

Gangs

scare

People

–Disproportionate share of violent crime

•

Gang

affiliation

is

correlated

to

social

ills

•

Perception

of

gangs

affects

public

policies

and

actions

•

Perception

determines

the

reality

of

justice

Perception

is

born

from

reality!

STUDIES

LEGITIMIZE

OUR

FEARS

‐

GANG

MEMBERS

REPORT

‐

•

Rochester:

30%

self

‐

reported

committing

68%

of

all

adolescent

violent

offenses

•

Seattle:

15%

:

self

‐

reported

committing

85%

of

adolescent

robberies

•

Denver:

14%

:

self

‐

reported

committing

79%

of

all

serious

violent

adolescent

offenses

Thornberry, T. P. (1998) Membership in Youth Gangs and Involvement in Serious and

(10)

Total

Population Total

Homicides

Gang

Members

are

less

than

1%

10–30

%

Committed

by

Gang

Members

GANGSTERS

AND

MURDERS

•

San

Diego:

Gang

members

=

.4%

of

Pop.



30%

of

homicides

gang

•

Los

Angeles:

Gang

members

=

1.2%

of

Pop.



43%

of

homicides

gang

•

Chicago:

Gang

members

=

2.6%

of

Pop.



25

‐

33%

of

homicides

gang

* Angené, L. (1983). San Diego Gang Prosecution Unit Analysis.

**Los Angeles Almanac (2014) Gang Related Crime In Los Angeles. Retrieved from

http://www.laalmanac.com/crime/cr03x.htm

***Chicago Police Department R&D Div. (2011). Chicago Murder Analysis.

Question!

What

is

the

single

most

significant

factor

distinguishing

gang

cases

from

others

that

find

their

way

into

the

courts?

(11)

GANG

CASE

DISTINGUISHING

FACTORS

•

WITNESS

INTIMIDATION

•

GANG

“CODE

OF

SILENCE”

•

COMMITMENT

TO

“PAYBACK”

•

UNFAMILIAR

AREAS

OF

EXPERTISE

•

UNIQUE

LEGAL

&

ETHICAL

ISSUES

RE

WITNESS

CONTACTS

GANG

CASE

DISTINGUISHING

FACTORS

(Cont.)

•

UNIQUE

PROBATION

COND.

&

REVOCATION

PROCEDURES

•

GANG

SEARCH

WARRANTS

•

ENHANCED

COURTROOM

&

OFFICE

SECURITY

•

COSTLY

&

COMPLEX

WITNESS

(12)

Gang Tie Investigated In

Prosecutor’s

Killing

Killer Sought in Boston

Death of

Gang Prosecutor

Defendant Slashes Lawyer in Courtroom

A defendant in a San Diego criminal

trial used a razor blade Thursday to slash his

defense lawyer

in the face in front of jurors . .

Defendants are alleged members of the

Mexican Mafia prison gang

LAPD detective

injured when murder

defendant throws chair in court – Deputy

D.A.

also struck.

January 29, 2014

The female detective was struck on the head during

a hearing when the [gang member] defendant,

grabbed a chair and tossed it about 15 feet. The

detective was hospitalized.

(13)

LAPD detective injured when murder

defendant throws chair in court – Deputy

D.A. also struck.

January 29, 2014

The female detective was struck on the head during

a hearing when the [gang member] defendant,

grabbed a chair and tossed it about 15 feet. The

detective was hospitalized.

Marshal kills

defendant

at gang trial

in Salt Lake City

April 21, 2014

A U.S. marshal shot and killed a Pacific

Islander gang member Monday when the

defendant

tried to attack a witness with a pen

inside the new federal courthouse in Salt

Lake City

Apparent

threat

prompts

protection

of

Charlotte

judges

,

city

attorney

Feb. 22, 2015

Authorities

raided

[alleged

gang

member’s

jail]

cell

and

found

photographs

of

two

judges

and

the

(14)

Gang Member`s Family Attacks

Jury

May 31, 2010

Jurors who had just convicted a gang

member of murdering a 16-year-old boy were

confronted outside the Riverside courthouse

Thursday by the defendant`s angry relatives .

. . The

juror

who was hit, a 47-year-old man,

did not require medical attention.

Gang fight

in

courthouse

brings

security concerns

April 10, 2014

A fist

fight between rival gang members

inside the Grant County courthouse

has

commissioners considering increased security

measures.

Quite a weapons cache found at L.A.

County courthouses

February 20, 2009

Security screeners at Los Angeles County’s court

buildings last year confiscated

53,302

knives,

24,783

scissors,

21,014

razors,

8,208

pairs of handcuffs and

(15)

SOURCE

OF

SECURITY

BREACHES

People!

Court clerk in L.A. accused of

revealing raids to gang members

August 16, 2012

An employee of a federal court in Los

Angeles and her husband are accused of

leaking sealed court files to people

targeted in anti-gang raids.

(16)

13

corrections

officers

indicted

in

Md.,

accused

of

aiding

gang’s

drug

scheme

PRISON

GANGS

Control

gang

activities

out

of

prison

by

•

Visitation

•

Notes

&

coded

communication

•

Defense

attorneys

•

Corrupt

prison

&

court

staff

•

Court

sessions

•

Institution

phones

(includes

in

the

tank)

•

Social

media.

NGIC 2013 National Gang Report

CASE

STUDY

#1

Eduardo

Macias

(17)

COMMON

PRISON

SHANKS

CASE

STUDY

#2

“Los

Palillos”

Drug

Cartel

(18)

IN

‐

CUSTODY

WITNESSES

•

Book

under

false

names

– Kept

confidential

•

House

out

of

county

–Need agreements with other counties

•

All

transports

done

by

D.A.

Investigators

•

Keep

Separate

orders

–Reduces ability to plot. (not only from other defendants but witnesses too.

IN

‐

CUSTODY

MONITORING

•

Jail

Calls

•

Email

(19)

CLOSE

THE

HEARING

Justified

when

4

conditions

met:

•

Overriding

interest

likely

to

be

prejudiced

by

a

public

hearing.

•

Narrowly

tailored

to

protect

that

interest.

•

Alternatives

to

closure

considered

by

Court.

•

Court

makes

findings

sufficient

to

support

it.

State v. Ndina(2009) 315 Wis.2d 653, 688,

citing Waller v. Georgia, 467 U.S. 39

SCR

61.01

AUTHORITY

OF

TRIAL

JUDGE

•

These

rules

of

conduct

.

do

not

limit

or

restrict

the

power,

authority

or

responsibility

otherwise

vested

in

the

trial

judge

to

control

the

conduct

of

proceedings

before

the

judge.

The

authority

of

the

trial

judge

over

the

inclusion

or

exclusion

of

the

press

or

the

public

at

particular

proceedings

or

during

the

testimony

of

particular

witnesses

is

applicable

to

any

person

engaging

in

any

activity

authorized

by

this

chapter.

FEMALES

(1)

FEMALES

(1)

•

FEW RECOGNIZED FEMALE GANGS

–CLIQUES WITHIN MALE GANGS

•

SUPPORTIVE ROLE

–SEX, SOCIALIZING, PARTY

–GIRLFRIENDS, SISTERS, ETC

–PROVIDE SAFE HOUSES, ALIBIS, CARS FOR CRIME, GUNS, etc.

•

FEW RECOGNIZED FEMALE GANGS

–CLIQUES WITHIN MALE GANGS

•

SUPPORTIVE ROLE

–SEX, SOCIALIZING, PARTY

–GIRLFRIENDS, SISTERS, ETC

–PROVIDE SAFE HOUSES, ALIBIS, CARS FOR CRIME, GUNS, etc.

(20)

FEMALES

(2)

FEMALES

(2)

–GATHER INTELLIGENCE (CROSS GANG BOUNDARIES)

–SET UP RETALIATIONS

–DISTRACT POLICE & OTHERS

–BACK-UP (ACTUAL SHOOTING)

•

COURIERS

–CARRY WEAPONS & DRUGS

–GATHER INTELLIGENCE (CROSS GANG BOUNDARIES)

–SET UP RETALIATIONS

–DISTRACT POLICE & OTHERS

–BACK-UP (ACTUAL SHOOTING)

•

COURIERS

–CARRY WEAPONS & DRUGS

FEMALES

(3)

THE NEW ORDER

FEMALES

(3)

THE NEW ORDER



INDEPENDENT GANGS



EQUAL IN SAME SEX

FRIENDSHIP BONDS



ALMOST DOUBLE THE

MALE RATE OF KILLINGS



INDEPENDENT GANGS



EQUAL IN SAME SEX

FRIENDSHIP BONDS



ALMOST DOUBLE THE

MALE RATE OF KILLINGS

(21)

Court clerk in L.A. accused of revealing raids to gang members An employee of a federal court in Los Angeles and her husband are accused of leaking sealed court files to people targeted in anti-gang raids.

Court clerk in L.A. accused

of revealing raids to gang

members

An employee of a federal court in Los Angeles and her husband are accused of leaking sealed court files to people targeted in anti-gang raids.

(22)

8/21/2014 University of Phoenix, San Diego – Chula

(23)

8/21/2014 University_Vista of Phoenix,_Learning San_Center Diego – Chula 67

(24)

(25)

(26)

(27)

(28)

San

Diego

(29)

SAN

DIEGO,

CALIFORNIA

Total

Population

10-30%

Committed by

Gang Members

Total

Homicides

Gang

Members are

Less than 1%

Total

Population

10-30%

Committed by

Gang Members

Total

Homicides

Gang

Members are

Less than 1%

(30)

Defendant Slashes Lawyer in Courtroom

A defendant in a San Diego criminal trial

used a razor blade Thursday to slash his

defense lawyer in the face in front of jurors . .

Defendants are alleged members of the

Mexican Mafia prison gang

Gang Tie Investigated In Prosecutor’s

Killing

Killer Sought in Boston Death of Gang

Prosecutor

(31)

0 10,000 20,000 30,000 40,000 50,000 60,000

Knives Scissors Razors Handcuffs Stun Gun 2006 2008

Marshal kills defendant at gang trial

in Salt Lake City

April 21, 2014

A U.S. marshal shot and killed a Pacific

Islander gang member Monday when the

defendant tried to attack a witness with a pen

inside the new federal courthouse in Salt

Lake City

Shooting at Salt Lake City

courthouse: Accused gang member

fatally shot by U.S. marshal

April 21, 2014

The defendant, Siale Angilau, 25, who was

not handcuffed, lunged at the witness on the

first day of testimony in his trial, was shot by

a marshal in the courtroom.

(32)

COMMON

PRISON

SHANKS

(33)

COMMON

PRISON

SHANKS