The Gangfighters Network is an organization designed to bridge the gap between academia and the criminal justice professions. For more information, visit http://www.gangfighters.net/ and http://www.gangsinthemilitary.com/ The focus is on gangs, initially adult gangs as it appears they have been ignored or absorbed into the mainstream society. There's a special focus on gang members in the military.

Wednesday, August 1, 2012

Stuff gang bangers in the military can't do with DoD Instruction 1325.6 in place

We looked at this a bit in Further attempts to give teeth to DoD Instruction 1325.6, with 
Change 1, February 22, 2012 to DoD Instruction (DoDI) 1325.6. 


The guidance includes:

PREVENTIVE ACTIVITIES


a. Commanders should remain alert for signs of future prohibited activities. They should intervene early, primarily through counseling, when observing such signs even though the signs may not rise to active advocacy or active participation or may not threaten good order and discipline, but only suggest such potential. The goal of early intervention is to minimize the risk of future prohibited activities.


- these are all feel good guidelines. The reality is that Commanders (and other unit leaders) remain alert for signs of bad morale and things that affect the mission. They usually don't see "what someone does off duty" as something that falls into those categories. What they don't get is that these gang members are 1) smart enough to conceal their affiliation, 2) learning trades they can use to help the gang, and 3) using their military experience and exposure to access the logistics pipeline to help drug and weapons trafficking endeavors, etc. 


- The military is not and is not designed to be engaged in anything resembling early intervention or minimizing the risk of future prohibited activities. Those are activities for communities where there are youth gangs who can be deterred from crime. All military members are adults, and those who are gang members and military service members are far from intervention time.


b. Examples of such signs, which, in the absence of the active advocacy or active participation addressed in paragraphs 8.a and 8.b are not prohibited, could include mere membership in criminal gangs and other organizations covered under paragraph 8.b. 
  • mostly explained by active participation in prohibited groups by fundraising; demonstrating or rallying; recruiting, training, organizing, or leading members; distributing material; knowingly wearing gang colors or clothing; having tattoos or body markings associated with such gangs or organizations; or otherwise engaging in activities in furtherance of the objective of such organizations that are detrimental to good order, discipline, or mission accomplishment or are incompatible with military service
These do not appropriately represent the breadth of gang crimes that should be included in “criminal gang offense.” They appear more like some of the indicators used by Departments of Correction and a few police departments to confirm gang membership. From Tennessee:
1. Self Admission
2.  Tattoos
3. Hand Signs/Symbols/Logos
4. Wearing of Gang/STG colors, gang clothing, gang paraphernalia.
5. Possession of Gang/STG documents  
6. Possession of commercial Gang/STG publications.
7. Participation in commercial Gang/STG publications.
8. Consistently in contact with Gang/STG members
9. Contact with Gang/STG members.
10. Participating in a photo with Gang/STG members. 
11. Outside jurisdiction documents. 
12. Correspondence with Gang/STG members.  
13. Named a Gang/STG member in correspondence.
14. Confirmation through outside agency gang unit or database.
15. Engaged in Gang/STG Crime or activity.
In fact, they are a carryover from the wrongly positioned history of this DoD Instruction. As addressed in DoDs New Rules for Gangs in the Military (not a good idea)
At the time the directive was initially published in 1969, the DoD was concerned with the infiltration of anti-war and anti-military organizations. The directive focused on dissident and protest activities within the military, and especially on activities such as underground newspapers, on-post demonstrations, and serviceman organizations.

In 1986, the Secretary of Defense updated the directive. The directive's language prohibited "active" participation in "extremist organizations." This comes from language in Executive Order (EO) 11,785 issued in 1953, during the height of the Cold War, when the government feared Communist infiltration. It was later changed to forbid designating any groups as "totalitarian, fascist, Communist, or subversive" and forbade any circulation or publication of a list of such groups.

* * *

We had problems linking the directive to gangs because of it's history (originally launched from an Executive Order (EO 10,450: http://www.archives.gov/federal-register/codification/executive-order/10450.html) prohibiting communist groups from infiltrating, then war protesters, now extremists. 

It's pretty clear what actions they wanted to prohibit:
 
         * * *
sabotage, espionage, treason, or sedition, or attempts thereat or preparation therefore, or conspiring with, or aiding or abetting, another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition
         * * *
Advocacy of use of force or violence to overthrow the government of the United States
So when the explanation for the new Instruction explains that:
Signs could also include possession of literature associated with such gangs or organizations, or with related ideology, doctrine, or causes. While mere membership or possession of literature normally is not prohibited, it may merit further investigation and possibly counseling to emphasize the importance of adherence to the Department’s values and to ensure that the Service member understands what activities are prohibited.
I am tempted to ask what they are talking about when it comes to literature. Are they talking about Gang/STG documents: rosters, procedures, bylaws, codes, etc.? What about Gang/STG commercial publications? What about illustrations or artwork?


Unfortunately, these are the same questions that would allow a defense attorney to claim the instruction is vague and over-broad, and that's an indication that more thought should be invested in it in the first place.


What do you think?

1 comment:

JeffreyP said...

Sounds like a way for the military to deny the existence of gangs. For example there can't be any here, we have this regulation.

Kinda like gun laws. No one will carry their gun in ____ because there's a law or policy against it.

"Yeah, that's the ticket" (T. Flanagan c. l988)

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