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Civil Responses to Gang Activity

17 February, 2016 - 11:05

As stated previously, the problem of criminal gangs is challenging and has proven resistant to criminal remedies. Thus many jurisdictions have also enacted civil gang control statutes, along with resorting to the remedy of civil gang injunctions to try to curb the multitude of harms that gangs inflict.

Civil gang control statutes generally provide for damages, often enhanced, for coercion, intimidation, threats, or other harm caused by a gang or gang member.   1 A common provision of civil gang control statutes is the ability of a resident or state agency to sue as a plaintiff.  2

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Figure 12.6 Example of a Civil Gang Control Statute 
 

Civil gang injunctions (CGIs) are precisely drafted orders prohibiting gang members from associating with other gang members or entering certain areas known for gang activity.  3 A state agency or an individual resident can typically make a motion requesting a CGI.  4 The basis for a CGI motion is the tort of public nuisance, which requires proof that the gang is disturbing the enjoyment of life and property for those living in the community.   5 Common provisions of CGIs are a prohibition on associating with known gang members, wearing gang colors, flashing gang hand signs, or loitering in areas known for gang activity.   6 Violation of a CGI could constitute the crime of contempt, resulting in fines or incarceration.  7