But what other innovations in the use of civil law are there? How creative can We, the People get to effectively combat the plaque of gangs and gang crime that threaten our cities and states?
Traditional Anti-gang activities include formal anti-gang teams, sections, or task forces; injunctions; and restrictive ordinances.
Civil Law provides a way to get a legal remedy for accidents, negligence, cases of libel, contract disputes, property disputes, probating wills, trusts, administrative law, commercial law, and other matters that involve private parties and organizations including government departments. Civil law helps resolve non-criminal disputes like disagreements over the meanings of contracts, property ownership, divorce, child custody, personal and property damage.
In California, as an example, the state sought damages on behalf of residents (who cannot file suit themselves because they fear retaliation) to distribute proceeds from seized (and sold) homes, businesses and other assets. CA state law allows government to act on behalf of members of the neighborhoods affected by gang activity and collect monetary damages in areas with gang injunctions.
I've got the scoop on injunctions and ordinances -- looking more for nuisances, penalties, and forfeitures. I am specifically looking for innovative ideas that may be a challenge to implement! Ideas like:
- make "gang offenders" register (for certain crimes) and identify their residences and known hangouts online
- increase difficulty of custodial or non-custodial parents to conceal gang affiliation
- allow use of gang affiliation in settling of divorce and child custody disputes
- hold business owners responsible if they allow/don't prevent gangs from gathering, committing crimes or concealing evidence on premises.
- require specific lighting for public and open private areas where groups of people congregate with regularity
- seize gang or gang member property used in or purchased from profits of crime
- recoup damages for graffiti on private or government property
What do you think?
Please either comment or email me -- carterfsmith at g mail.com