Gang affiliation, restrictive housing, and institutional misconduct: does disciplinary segregation suppress or intensify gang member rule violations?

Technological advances have enabled criminal justice organizations to collect and share offender data. Accompanying these advances are concerns about how various segments of the criminal justice system utilize these data. Specifically, scholars have expressed concerns about the legal consequences of being included in gang databases. This study explored the use of gang affiliation indicators on prosecutorial outcomes by using a sample of 5,111 urban juvenile cases. Using three binary measures of gang affiliation, multinomial logistic regression analysis suggested indicators of gang affiliation influenced prosecutorial outcomes (dismissal, pre-adjudication informal supervision, deferred prosecution, or petition), but in an unanticipated manner. Confirmed gang affiliates, instead of suspected or non-gang affiliates, were significantly more likely to experience pre-adjudication informal supervision over other forms of case outcomes: case dismissal, deferred prosecution, or court petition. Policy implications focus on the inter-connectedness of the criminal justice system.

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Patent Foramen Ovale, Guilty But Only as a Gang Member and for a Lesser Crime⁎⁎Editorials published in the Journal of the American College of Cardiologyreflect the views of the authors and do not necessarily represent the views of JACCor the American College of Cardiology.

Journal of the American College of Cardiology ◽

10.1016/j.jacc.2005.11.024 ◽

2006 ◽

Vol 47 (2) ◽

pp. 446-448 ◽

Cited By ~ 25

Author(s):

Bernhard Meier

Keyword(s):

Patent Foramen Ovale ◽

Gang Member ◽

Foramen Ovale

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Friendship Group Composition and Juvenile Institutional Misconduct

International Journal of Offender Therapy and Comparative Criminology ◽

10.1177/0306624x15589737 ◽

2016 ◽

Vol 61 (2) ◽

pp. 191-209 ◽

Cited By ~ 5

Author(s):

Shannon E. Reid

Keyword(s):

Risk Factors ◽

Latent Profile Analysis ◽

Profile Analysis ◽

Group Analysis ◽

Individual Characteristics ◽

Incarcerated Youth ◽

Individual Risk ◽

Friendship Networks ◽

Institutional Misconduct ◽

Latent Profile

The present study examines both the patterns of friendship networks and how these network characteristics relate to the risk factors of institutional misconduct for incarcerated youth. Using friendship networks collected from males incarcerated with California’s Division of Juvenile Justice (DJJ), latent profile analysis was utilized to create homogeneous groups of friendship patterns based on alter attributes and network structure. The incarcerated youth provided 144 egocentric networks reporting 558 social network relationships. Latent profile analysis identified three network profiles: expected group (67%), new breed group (20%), and model citizen group (13%). The three network profiles were integrated into a multiple group analysis framework to examine the relative influence of individual-level risk factors on their rate of institutional misconduct. The analysis finds variation in predictors of institutional misconduct across profile types. These findings suggest that the close friendships of incarcerated youth are patterned across the individual characteristics of the youth’s friends and that the friendship network can act as a moderator for individual risk factors for institutional misconduct.

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Does the Aggravated Sentencing Regime under the Prevention of Organised Crime Act 121 of 1998 Violate Freedom of Association? A Constitutional and Comparative Analysis

Stellenbosch Law Review ◽

10.47348/slr/2021/i2a6 ◽

2021 ◽

Vol 2021 (2) ◽

pp. 288-305

Author(s):

Delano Cole van der Linde

Keyword(s):

The United States ◽

Organised Crime ◽

Gang Member ◽

European Convention ◽

Political Rights ◽

Freedom Of Association ◽

Criminal Organisation ◽

Protection Of Human Rights ◽

The Republic ◽

The Right

In terms of section 10(3) of the Prevention of Organised Crime Act 121 of 1998 (“POCA”), a court may impose an aggravated sentence on a criminal offender if the offender was a gang member at the time of the commission of a crime. The court is entitled to apply section 10(3) to the sentencing of any common-law or statutory offence, save for the gang-related offences in Chapter 4 of POCA. As aggravated punishment is attached directly to a person’s status as a gang member, one must question whether such aggravated punishment does not violate the right to freedom of association in section 18 of the Constitution of the Republic of South Africa, 1996. Section 18 is an unqualified right and subject only to the limitations clause under section 36 of the Constitution. The purpose of this contribution is to investigate whether the associational freedom guaranteed by the Constitution may be limited in light of considerations under international law (such as the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as foreign law (specifically the United States and Germany). The consensus is, broadly speaking, that persons are nondeserving of associational protection where the conduct connected to such an association is criminal in nature. Increased criminal consequences are justifiable where a person’s unlawful conduct is also connected to their status and activity as a member of a criminal organisation. However, increased criminal consequences based merely on a person’s membership of a criminal organisation, as is the case in terms of section 10(3) of POCA, is considered arbitrary and irrational. The conclusion is that section 10(3) of POCA should be amended so that it applies only to crimes that are related to a convicted person’s gang-related activities.

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An Investigation of Juvenile Gang Membership and Psychopathic Behavior: Evidence from Multilinear Analysis

International Journal of Social Work ◽

10.5296/ijsw.v3i2.9312 ◽

2016 ◽

Vol 3 (2) ◽

pp. 29 ◽

Cited By ~ 1

Author(s):

G. Solomon Osho ◽

Justin Joseph ◽

Julian Scott ◽

Michael Adams

Keyword(s):

Rhode Island ◽

Kansas City ◽

Critical Role ◽

Gang Membership ◽

Impulsive Behavior ◽

Metropolitan Regions ◽

Criminal Involvement ◽

Multilinear Analysis ◽

Gang Affiliation ◽

Collection Period

<p>The extant literature provides evidence that gang involvement increases and individuals propensity to perpetrate antisocial behavior. Furthermore, it has been empirically support that criminal involvement increases and individuals like-hood of experiencing victimization. Antisocial personality disorder is described as engaging in aggressive behavior that is socially unacceptable; irresponsible, impulsive behavior; merged with impaired ability to empathize with victims; indifference to social norms, and frequent substance abuse (Cox, Edens, Magyar, & Lilienfeld, 2013; Lilienfeld & Arkowitz, 2007). Therefore, it is logical to deduce that gang affiliation also increases the probability of victimization amongst juveniles, which has been supported by by several authors. Furthermore, considering the symptomology associated with conduct disorder and operational defiant disorder it is probable that gang membership and victimization may have a critical role in the externalization of this psychological disorders symptoms. To examine this question we utilize data gathered by the Gang Resistance Education and Training (G.R.E.A.T) program which consists of (N=5,935) eight grade students from 42 different schools. These schools are located in: Arizona, California, Florida, Idaho, Illinois, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, and Wisconsin. The metropolitan regions the subjects reside during the data collection period are: Omaha, Las Cruces, Philadelphia, Phoenix, Torrance, Orlando, Pocatello, Will County, Kansas City, Providence, and Milwaukee. The results, limitations, and implications of the study will be discussed later.</p>

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