'Criminalise gang membership'

[Lazie]

'Criminalise gang membership'
Police seek law to deal with group crimesROSS SHEIL, Online co-ordinator rsheil@jamaicaobserver.com
Friday, June 27, 2008


THE Jamaica Constabulary Force (JCF) wants the Government to introduce legislation criminalising gang membership.
Such legislation would enable police to pursue criminals based on their gang-related behaviour rather than specific offences and would increase the number of prosecutions, Owen Ellington, assistant commissioner of police with responsibility for operations, told the Observer during an interview.
According to Ellington, the move would be similar to the United States Racketeer Influenced and Corrupt Organisations (RICO) Act, which allows for criminals who have committed two gang-related crimes to be charged with racketeering. Since 1970, the RICO Act has been used by US law enforcement agencies to disrupt several prominent gangs, including the Italian mafia, and seize their assets.
"We need Rico-like statutes that deal more decisively with group crimes rather than individual offences," he said. "That kind of legislation, where we can criminalise criminal gangs and we can criminalise membership in a gang and therefore where any member of a gang is convicted of any offence we can spread the pain across all other known members of a gang."
The police say that there are more than 125 gangs in Jamaica, many of which include people who don't actually fire guns or engage in robberies and other crimes. These gang members, the police say, run errands like picking up money at remittance outlets to finance the gangs' operations; stakeout targets; carry guns for gunmen; and serve as lookouts to warn armed gangsters when members of the security forces enter their communities.
Ellington said that the current approach of the criminal justice system, which focuses on the individual, needs to be urgently updated.
"Urgent, because there has been a transformation of the Jamaican criminal landscape from individualistic one-to-one crimes to group offences or gang crimes which are responsible for over 80 per cent of our serious crimes - murders, shooting, extortion, contract killings, carjacking, the lotto scam out in St James and enforcing garrisons," Ellington told the Observer.
The JCF is building capacity in various areas so that once the legislation is passed, the Constabulary will be able to actively pursue the gangs, he added.
Police say they have already disrupted at least one gang using mathematical modelling techniques, which build profiles of gangs, including membership, activities, assets and local and international linkages. The officer who introduced that approach, Assistant Superintendent Kevin Blake, is also rolling out an islandwide intelligence database for the JCF via his company, Enterprise Technology International.
Currently operating at a divisional level, the database centrally records all information collected by police, much of which remains limited to paper-based records.
"As it is now, you lose a register, you lose everything," Ellington said.
Other information from the criminal justice system can also be stored into the database, including courts and prison records.
The JCF aims to roll out the system to every station. However, this will depend on the progress of upgrading, including the provision of computer equipment and Internet access.

[Lazie]

I'm in agreement with this.

[Hortical]

This is long overdue.

Assistant Superintendent Kevin Blake, is also rolling out an islandwide intelligence database for the JCF

As soon as this is rolled out, expect all the gang leaders to have a copy of the database via their connections in the JCF.

[Assasin]

how do you criminalise gangs when people use gang names loosely?

People name gangs based on where they live, etc.

This seems like a "fool fool" law to me. Police have to use their investigate tools to see what the gangs are doing and who is involved and don't use a wide brush.

The gangs can always change their names anyway.

[Lazie]

how do you criminalise gangs when people use gang names loosely?

People name gangs based on where they live, etc.

This seems like a "fool fool" law to me. Police have to use their investigate tools to see what the gangs are doing and who is involved and don't use a wide brush.

The gangs can always change their names anyway.

You're the one that mentioned "names". Its like the hand of one .. hand of all policy. If you commit a crime as a member of the RBSC gang ... all other members are responsible.

Sounds like a way fi get the gangs off the streets. I prefer this than the extended detention.

[Assasin]

and how fair can that be?

How much control you can excercise over othe RSBC Members?

Have you ever heard the term Yardie? In some case it represent all Jamaicans in some cases it represent violent gangs.

Have you heard the term Junglists? In some case it represent all the people in "concrete Jungle" in another case it represent a violent gang of tugs.

[Lazie]

and how fair can that be?

How much control you can excercise over othe RSBC Members?

Have you ever heard the term Yardie? In some case it represent all Jamaicans in some cases it represent violent gangs.

Have you heard the term Junglists? In some case it represent all the people in "concrete Jungle" in another case it represent a violent gang of tugs.

Di man dem targeting gangs. If yuh nuh want to be held responsible fi the acts of yuh gang members ... don't join nuh gang den.

[Assasin]

Is there a membership fee fi gang now? or intiation?

Police have to hold people responsible for their behaviour and use intelligence. That law can stand up in no decent court. People from the Mafia are charged because of their action and usually because of racketeering.

How can you describe a gang? Is a gang a group of youths or just when they behave violent?

[OJ]

This approach has worked to some degree in Canada against biker gangs. You do loose some civil liberties however! For example they have now used it in inner city (black youth gangs) to arrest score of people. What usually happens is they round up everyone that is remotely connected, mom dad dog and puss and take them all in . At the end of the day you will hear 150 people arrested... 15 charge and 9 convicted. The idea though is that they dont have to put the onus on the police to have reasonable grounds for warrransts or arrest. While you are loosely afiliated to gangs you can be targeted. It would be interesting to see how it work in Jamaica. Is everyone from southside part of Pow .. is everyone from Norwood or Glendevon a crusher... wehereas everyone in hell angel is a gangster...

[OJ]

Its not just being from an area is involvement in criminaliy.. Here is an excerpt of how they are using a modified version of that law in Canada.





New anti-gang law used in Toronto gun round-up

Updated Thu. May. 13 2004 6:31 AM ET
CTV.ca News Staff
A huge series of raids in the Toronto area Wednesday using a new federal anti-gang law resulted in 65 arrests and the laying of more than 500 charges, authorities say.
The operation was geared towards cracking down on gangs and their guns.
"What's happened today is the guns and gangs approach that this government is moving forward on, with crowns and police working together ...," Michael Bryant, Ontario's attorney general, told reporters.
The operation was known as Project Impact. It involved both Toronto and regional police forces, the RCMP and Canada Customs.
The pre-dawn raids occurred at 59 business, storage location and homes. They were located in Toronto, Barrie plus Durham, York and Peel regions.
In total, 71 search warrants were executed, Julian Fantino, Toronto's police chief, told a news conference.
Some of the charges include participating in a criminal organization, conspiracy to import prohibited firearms, possession of prohibited weapons for trafficking purposes, conspiracy to traffic in cocaine and possession of proceeds of crime.
Twenty-eight firearms were seized, along with drugs like ecstasy, marijuana, cocaine and hashish.
Specific quantities of the amounts seized weren't given.
Fantino spoke approvingly of the new "criminal organization" law -- s 467.1 of the Criminal Code.
"We believe this new tool will be effective in dismantling street gangs now and in the future," he said.
One advantage it will provide is allowing police to go after gang leaders who command their underlings but are otherwise removed from street-level crime, he said.
One of the gangs targeted was known as the Malvern Crew.
Malvern is a neighborhood in far northeast Toronto that has been particularly plagued by gun violence. As an example, at least two people living there died in their homes after being struck by stray bullets.
"We are overjoyed that this has occurred today. We feel it's a response to our prayers on the street," said Orim Meikle, pastor of Rhema Christian Ministries.
"With most of these guns off the street right now, we save a lot of lives today," said Patricia Fough.
Her 21-year-old son Omar Kent Hortley was shot and killed this year as he walked to a friend's home. He wasn't involved with any gang.
"It's just been three months and a half right now," Fough said. "I know he would want me to be strong and keep going, but he's always in my heart."
Hortley's murder, which was Toronto's fifth of 2004, remains unsolved. The city's homicide count now stands at 19.

[Hortical]

In the USA you can be charged & convicted for being a member of Al-Qaeda without even committing a crime.

[Time]

The JLP and PNP are gangs

'Criminalise gang membership'
Police seek law to deal with group crimesROSS SHEIL, Online co-ordinator rsheil@jamaicaobserver.com
Friday, June 27, 2008


THE Jamaica Constabulary Force (JCF) wants the Government to introduce legislation criminalising gang membership.
Such legislation would enable police to pursue criminals based on their gang-related behaviour rather than specific offences and would increase the number of prosecutions, Owen Ellington, assistant commissioner of police with responsibility for operations, told the Observer during an interview.
According to Ellington, the move would be similar to the United States Racketeer Influenced and Corrupt Organisations (RICO) Act, which allows for criminals who have committed two gang-related crimes to be charged with racketeering. Since 1970, the RICO Act has been used by US law enforcement agencies to disrupt several prominent gangs, including the Italian mafia, and seize their assets.
"We need Rico-like statutes that deal more decisively with group crimes rather than individual offences," he said. "That kind of legislation, where we can criminalise criminal gangs and we can criminalise membership in a gang and therefore where any member of a gang is convicted of any offence we can spread the pain across all other known members of a gang."
The police say that there are more than 125 gangs in Jamaica, many of which include people who don't actually fire guns or engage in robberies and other crimes. These gang members, the police say, run errands like picking up money at remittance outlets to finance the gangs' operations; stakeout targets; carry guns for gunmen; and serve as lookouts to warn armed gangsters when members of the security forces enter their communities.
Ellington said that the current approach of the criminal justice system, which focuses on the individual, needs to be urgently updated.
"Urgent, because there has been a transformation of the Jamaican criminal landscape from individualistic one-to-one crimes to group offences or gang crimes which are responsible for over 80 per cent of our serious crimes - murders, shooting, extortion, contract killings, carjacking, the lotto scam out in St James and enforcing garrisons," Ellington told the Observer.
The JCF is building capacity in various areas so that once the legislation is passed, the Constabulary will be able to actively pursue the gangs, he added.
Police say they have already disrupted at least one gang using mathematical modelling techniques, which build profiles of gangs, including membership, activities, assets and local and international linkages. The officer who introduced that approach, Assistant Superintendent Kevin Blake, is also rolling out an islandwide intelligence database for the JCF via his company, Enterprise Technology International.
Currently operating at a divisional level, the database centrally records all information collected by police, much of which remains limited to paper-based records.
"As it is now, you lose a register, you lose everything," Ellington said.
Other information from the criminal justice system can also be stored into the database, including courts and prison records.
The JCF aims to roll out the system to every station. However, this will depend on the progress of upgrading, including the provision of computer equipment and Internet access.

... whose common intent and design is to rip off Jamaica.

Jamaica justice system is too unfair to the poorer classes to hand RICO style laws.

[Hortical]

True, effective strategies to reduce crime will not come from those PNP & JLP gun men (women) politicians in Gordon House.

[Gamma]

the gang doesn't need to have a name...otherwise the way around it is simply not to give the gang a name.

my guess is that certain activities will provide the definition of a gang or gang related activity and that would be the basis for the act....

[OJ]

in drastic times you need drastic measures.