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Apocalypse

United States Senate Judiciary Committee Topic: Gang Violence

Director: Ethan Bull

Assistant Director: Polly Minden

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© 2020 Highland Park Model United Nations/Congress(HPMUNC) This document was created solely for the use of Central Jersey Model United Nations and Congress (CJMUNC) 2020 and eMUNC I. Other uses are not permitted without explicit permission from HPMUNC. Please contact us at [email protected]. e MUNC 2020 | 2 INDEX POLICY DILEMMA ……………………………………….3-4 CHRONOLOGY……………………………………………. 4-8 ACTORS AND INTERESTS……………………………..9-11 POSSIBLE CAUSES………………………………………...12-13 PROJECTIONS AND IMPLICATIONS...…………..13-14 COMMITTEE GOALS……………….…………………….15 DISCUSSION QUESTIONS…………………………….16 BIBLIOGRAPHY……………………………………………17-19

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Policy Dilemma According to the Federal Bureau of Investigation (FBI), there are an approximate “33,000 violent street gangs, motorcycle gangs, and prison gangs criminally active in the U.S. today”1 . Although there is no universally accepted definition, federal law defines a “criminal street gang” as “an ongoing association of five or more persons that has as one of its primary purposes the commission of criminal offenses [...] its members have engaged in a continuing series of such offenses within the past five years”2 . A majority of states have legislation that defines the term “gang”, all of which include criminal/illegal activity or behavior.3 Though these definitions provide guidelines for the classification of gangs, the gang dynamic remains largely misunderstood. This is a result of myths, media exaggerations, and propagated misconceptions that distort the reality of these organizations. By analyzing the emergence of gangs throughout American history, their evolution, and the catalysts of gang growth, we can assess the accuracy of such myths and improve our understanding of gangs and their impact on present society. According to the National Gang Intelligence Center’s (NGIC) 2011 National Gang Threat Assessment (NGTA), “Gangs are responsible for an average of 48 percent of violent crime in most jurisdictions and up to 90 percent in several others”4 . Most gang-related violence occurs in major cities and suburban areas, with the most significant threat posed by local gangs and drug crews. Because street gangs are involved in violent criminal activities, including assault, drug and weapons trafficking, firearms offenses, and homicide, gang violence has become widespread around the country. The influence of gangs can “disrupt the socializing power of schools,

1 “Gangs.” FBI , FBI, 3 May 2016, www.fbi.gov/investigate/violent-crime/gangs. 2 “1 14. Criminal Street Gangs.” The United States Department of Justice, 22 Jan. 2020, www.justice.gov/archives/jm/criminal-resource-manual-114-criminal-street-gangs. 3 “BRIEF REVIEW OF FEDERAL AND STATE DEFINITIONS OF THE TERMS ‘GANG,’ ‘GANG CRIME,’ AND ‘GANG MEMBER.’” National Gang Center , National Gang Center, Dec. 2016, www.nationalgangcenter.gov/content/documents/definitions.pdf. 4 “201 1 National Gang Threat Assessment.” FBI , FBI, 25 June 2010, www.fbi.gov/stats-services/publications/2011-national-gang-threat-assessment. e MUNC 2020 | 4 families, and communities”5 all of which encourage responsible citizenship. Gangs induce fear in their local communities, which can cause social destruction and ultimately reduce the quality of life of the residents. The committee should be prepared to assess gang violence across America, with a focus on the cause and effects of the violence. We will discuss how best to implement holistic responses that aim to prevent, intervene, and suppress the problem.

Chronology

1950-1960s: The were founded in in 1954 to protect Puerto Rican immigrants from racial violence and discrimination. They were highly organized with several levels of leadership, from the local level to the national level. In the 1960s, the was founded by undocumented Mexican immigrants and Mexican youths near 18th Street and Union Avenue in the Rampart area of Los Angeles. The cliques are semiautonomous and do not answer to a central authority. The Sureños (meaning southerners) were founded in 1967 as a group of Mexican American street gangs. The name was derived from an incident in the California prison system, in which a Northern Californian Hispanic inmate was killed by a member of the California (La Eme). The Sureños associate with La Eme, though there exists no national structure or hierarchy, with most Sureños gangs operating independently under the leadership of a “shot-caller”. The incident also led to the formation of La (NF) as a reaction to the killing and abusive rule of La Eme. The Norteño (meaning northerner) gang associates with the NF and is so well organized that they have a written constitution designating California’s Pelican Bay Prison as the residence of their leadership. In 1969, the notorious street gang was established in Los Angeles. Academics believe that the gang was inspired by the belief that the Black Panther Party failed to achieve its goal of the immediate end to police brutality and murder of African Americans.6

5 Mora, Victor. “Police Response to Juvenile Gangs and Gang Violence.” , 31 Mar. 2020, oxfordre.com/criminology/view/10.1093/acrefore/9780190264079.001.0001/acrefore-97801902 64079-e-79. 6 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. e MUNC 2020 | 5

1970s: The original , a term now used to identify both the West Coast Bloods and the (UBN), were formed in 1972 to provide protection from the East Coast Crips street gang in Los Angeles. In 1978, the and the were established, both as alliances between Chicago street gangs as a result of Mayor Daley’s “war on drugs” in 1969 which moved gang leadership into prisons. Folk gangs include La Raza, , Spanish Gangsters, Latin Eagles, Two Sixers, International Posse, Simon City Royals, Black Gangsters, and factions of Disciples. People Nation gangs include Latin Kings, Vice Lords, Spanish Lords, El Rukns, Bishops, Gaylords, Latin Courts, and Kents.7

1980: Mara Salvatrucha 13 (MS-13) was founded in response to the persecution of Salvadoran immigrants by other Hispanic gangs. Though its presence has been reported in 42 states and the District of Columbia, the MS-13 threat is largest in the Los Angeles area and northeastern region of the United States. MS-13 is transnational, and cliques exist in several countries, including El Savador, Honduras, Guatemala, Mexico, Belize, Costa Rica, Nicaragua, and Panama. The organization of the cliques varies; some are highly organized, while most have little formal structure.8

7 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. 8 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. e MUNC 2020 | 6

Image of an MS-13 gang member and his identifying tattoos for ‘membership’.

1980-1990s: Several jurisdictions noted a dramatic increase of gang-related issues in the 1980s and 1990s, which suggests rapid emergence of gangs during this time period. A possible explanation for the sudden increase in gang activity relates to the influx of immigrants during the 1960s. The Immigration and Nationality Act of 1965 removed the ability to limit immigration on the basis of national origin.9 By the late 1980s, much of the “new second generation”, born to post-1965 immigrants, reached adolescence. Generally, gang joining begins amongst the second-generation youth. Additional influences on gang activity in the 1980s include economic segregation, governmental policies, an exodus of affluent city residents to suburban areas, shifts in gang relationships, migration (the extent of which is debated by those studying gang migration), gang subculture and media attention, and the growth of the drug trade.1 0

9 “Immigration and Nationality Act of 1965.” US House of Representatives: History, Art & Archives, 3 Oct. 1965, history.house.gov/Historical-Highlights/1951-2000/Immigration-and-Nationality-Act-of-1965/. 10 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. e MUNC 2020 | 7

2014-2016: From 2014 to 2015, America experienced a 12.1% increase of homicides, and from 2015-2016, there were 17,250 homicides, an increase of 8.6% from the previous year. Over the two years, that averages an increased 21-22% of homicides in America.1 1 Former executive of the Major Cities Chiefs Association (MCCA), Darrel Stephens, said that many departments within major cities cited “ gang violence and retaliation, violence associated with drugs, the overwhelming number of guns in many U.S. cities, and even problems related to conflicts originating on social media” as the main causes of increased crime over the two-year period1 2. Chicago in particular accounted for a large percentage of the violence, and experienced its deadliest years in over two decades. Just in 2016, 765 homicides occured in the city, and the victims and perpetrators were disproportionately young, African-American males.1 3 However, experts of a study published by the University of Chicago suggest that the characteristics of the violent crime in Chicago remain largely unchanged from previous years, as a majority of the incidents involved guns and likely resulted from an altercation of some sort.1 4 The wave of violence during these years sparked a discussion about the balance between national, state, and local policy.

June 20th, 2018: Members of the East Coast street gang chased and hacked to death 15-year-old Lesandro Guzman-Feliz after mistaking him for a rival gang member. Lesandro attempted to hide in a nearby bodega, but the group found him, dragged him outside, and proceeded to attack him with machetes and knives. Crime levels in New York City were at all-time lows, but the brutal attack on Lesandro awakened awareness of the work to be done,

11 The Marshall Project. “Violent Crime: A Conversation.” The Marshall Project , The Marshall Project, 16 Nov. 2017, www.themarshallproject.org/2017/11/15/violent-crime-a-conversation. 12 Sanburn, Josh, and David Johnson. “Violent Crime Is On the Rise in U.S. Cities.” Time, Time, 30 Jan. 2017, time.com/4651122/homicides-increase-cities-2016/. 13 W illiams, Timothy. “Violent Crime in U.S. Rises for Second Consecutive Year.” The New York Times, The New York Times, 25 Sept. 2017, www.nytimes.com/2017/09/25/us/violent-crime-murder-chicago-increase-.html. 14 Sanburn, Josh, and David Johnson. “Chicago's Deadly 2016: See It in 3 Charts.” , Time, 17 Jan. 2017, time.com/4635049/chicago-murder-rate-homicides/?iid=sr-link7. e MUNC 2020 | 8 specifically in regards to gang violence. It turns out that Lesandro was caught in a feud between two Bronx sets and a Brooklyn-based set called Sunset. 15

October 26th, 2019: 14-year-old Aamir Griffin was caught in crossfire between the Mac Ballers gang and a rival Baisley Park House crew. Their feud began in April when a fight resulted in the stab wound of a member from one group. Aamir was playing basketball near his apartment building when a bullet sailed 100 yards and into his torso. Several days later, the two gangs clashed on a city bus and then again that same day. This time innocent bystander, 16-year-old Ashley Armoogan was shot in the left shoulder. Their neighborhood in Queens, Southeast Jamaica, has experienced an increase in gang violence with 32 shootings this year, double that of last year.1 6

February 1, 2020: In 2018, Wilmer Maldonado Rodriguez protected two boys being threatened by Long Island MS-13 gang members. The gang members repeatedly stabbed and beat Mr. Rodriguez. Surviving the assault, he agreed to testify against the gang members, who were charged with assault and witness intimidation. On February 1, 2020, Mr. Rodriguez was found beaten to death. His death has caused questions over newly implemented New York State legislation that requires prosecutors to submit witness names, statements, and other evidence within 15 days of the defendant’s arraignment. Still, under the discovery law, judges reserve the right to shield witnesses’ identities and the information can be limited to the defendant’s legal team, with the exception of the defendant. 17

15 Ransom, Jan. “How the Trinitarios Gang Killed an Innocent Teenager by Mistake.” The New York Times, The New York Times, 20 May 2019, www.nytimes.com/2019/05/20/nyregion/lesandro-guzman-murder-trinitarios-trial.html. 16 Sandoval, Edgar. “After 32 Shooting Victims, a Rallying Cry: 'Stop the Bleeding'.” The New York Times, The New York Times, 5 Dec. 2019, www.nytimes.com/2019/12/05/nyregion/queens-gang-shooting-aamir-griffin.html. 17 Shanahan, Ed, and Jesse Mckinley. “Furor Erupts Over Killing of Witness in MS-13 Gang Case.” The New York Times, The New York Times, 6 Feb. 2020, www.nytimes.com/2020/02/05/nyregion/ms-13-long-island.html. e MUNC 2020 | 9

Actors and Interests Gangs Though gang characterization varies, it is important to make the distinction between street gangs and more organized groups like prison gangs, motorcycle gangs, and terrorist gangs. As criminologist Malcolm Klein details, “in each of these instances, the word ‘gang’ implies a level of structure and organization for criminal conspiracy that is simply beyond the capacity of most street gangs” 18. Where groups, like the highly publicized drug cartels and mafia syndicates, have strong leadership, structure that holds members accountable, and entrepreneurial motivation, street gangs are much more informal with shifting leadership and membership, and loosely established roles. Gang activity is typically localized and cyclic in nature. There exist periods of intense violence, as a result of “conflict, rivalry, and competition”1 9 among local gangs, and periods of decreased violence. The relationship between gangs and violence seems to rely on the gang’s organization and primary purpose. Some gangs defend long-held territory while others focus on making money through various means. Both trajectories are associated with different levels of violence 20, which changes the necessary approach. This relates to Robert Merton’s strain theory and the differential theory developed by Richard Cloward and Llyod Ohlin in 1960. Merton asserts that society pressures individuals to achieve certain goals adhering to social norms, though they lack the means, and in order to adapt to the strain, the individuals employ illegitimate means to obtain those goals. Cloward and Ohlin extend the theory and argue that crime results not from a lack of legitimate means, but by exclusive access to illegitimate ones, based on an individual’s circumstances.2 1 Based on access to various illegitimate means, gangs generally conform to either “expressive violent confrontation”, where the “primary goal of violence is injury”, or “instrumental violence”, where

18 Fr equently Asked Questions About Gangs, National Gang Center, www.nationalgangcenter.gov/about/FAQ#q11. 19 Fr equently Asked Questions About Gangs, National Gang Center, www.nationalgangcenter.gov/about/FAQ#q11. 20 United States, Congress, “Addressing Community Gang Problems: A Practical Guide.” Addressing Community Gang Problems: A Practical Guide, 1998. https://www.ncjrs.gov/pdffiles/164273.pdf. 21 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. e MUNC 2020 | 10 the primary purpose is “to acquire money or property” 22. Expressive violence is more prevalent in “disorganized neighborhoods where economically motivated criminal opportunities are rare and expressive crimes such as fighting are normative”2 3. In contrast, instrumental violence is used in neighborhoods with more professional criminals that have explicit, future goals. Street gangs tend to be geographically oriented, which means they have strong attachments to certain territory, or turf that has historically been in their control. With the compulsion to protect their territory, gangs become violently involved with other gangs, in an attempt to regulate turf boundaries and activity, and defend from outside forces. Thus, they become embroiled with other gangs through expressive violence triggered by emotional responses. Because gangs have ongoing rivalries with other local gangs, the level of violence is escalated.

Youth Gangs are extremely appealing to youth that lack support, either from family, friends, or their community, and are searching for something that offers protection and connection to those experiencing the same hardships. The younger community members are drawn to the social action associated with gangs—partying, drugs, and interaction with the opposite sex. 24 Violence in adolescence can be predicted by gang membership, more so than even previous violence and association with other delinquents. In youth, gang membership is relatively temporary, however, during the period of time individuals are involved, they “are significantly more criminally active—compared with before joining the gang and after leaving the gang—particularly in serious and violent offenses”2 5. In terms of adolescent violence, gangs are responsible for “a large proportion of all violent offenses” committed by individuals in the age range2 6.

22 United States, Congress, “Addressing Community Gang Problems: A Practical Guide.” Addressing Community Gang Problems: A Practical Guide, 1998. https://www.ncjrs.gov/pdffiles/164273.pdf. 23 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. 24 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. 25 Fr equently Asked Questions About Gangs, National Gang Center, www.nationalgangcenter.gov/about/FAQ#q11. 26 Fr equently Asked Questions About Gangs, National Gang Center, www.nationalgangcenter.gov/about/FAQ#q11. e MUNC 2020 | 11

Law Enforcement In the 1990s, police departments began to establish specialized units to address gang activity, usually referred to as police gang units. These units generally engage in at least one of three police functions: “intelligence, enforcement, and prevention and education”2 7. One of the most important functions of these police gang units is the gathering of intelligence. Typically this entails collecting information on gangs, members, and their activity, maintaining databases and tracking systems, and sharing information. And though “intelligence gathering rather than enforcement, investigation, or prevention [is] the primary function of 83 percent of the gang units across the country”2 8, the law enforcement data cannot be applied on a national scale because “most law enforcement agencies neither regularly nor reliably record local offenses as “gang-related”’ 29. The inconsistencies in records include a range of crimes, including things like “aggravated assault, firearm use, and robbery”3 0. From the media and public perspective, suppression tactics legitimize police gang units and represent their commitment to reducing the violence. Thus enforcement actions, like directed patrols, tend to provide confidence to the community that definite measures are being taken to improve public safety. Different police gang units have varying perspectives on their role in education and prevention, with some insisting that educational programs should not be their responsibility. There exist programs like G.R.E.A.T. (Gang Resistance Education and Training), the nation’s more well-known initiative, intended for “immunization against delinquency, youth violence, and gang membership for children in the years immediately before the prime ages for introduction into gangs and delinquent behavior”3 1.

27 Katz, Charles M, and Vincent J Webbs. Police Response to Gangs: A Multi-Site Study . 28 Katz, Charles M, and Vincent J Webbs. Police Response to Gangs: A Multi-Site Study . 29 Fr equently Asked Questions About Gangs, National Gang Center, www.nationalgangcenter.gov/about/FAQ#q11. 30 Fr equently Asked Questions About Gangs, National Gang Center, www.nationalgangcenter.gov/about/FAQ#q11. 31 Institute for Intergovernmental Research, et al. G.R.E.A.T . Home , great-online.org/GREAT-Home. e MUNC 2020 | 12

Guns seized from East LA gang members by law enforcement

Possible Causes Territorial Disputes A common assumption exists that street gangs are extensively involved in drug trafficking, distribution, and sales. And while street gang members are actively involved in drug sales, very “few street gangs control drug distribution operations”3 2. This relates again to the separation of expressive and instrumental violence, as street gangs are more inclined to involve themselves in violence to protect their territory or retaliate for violence against their members. Similarly, the social networks within each gang and the level of cohesion among members can be indicators of the levels of violence gangs operate with. With increased cohesion, members are more likely to collaborate against external pressures, like law enforcement or rival gangs, that are potential threats to their members, group, or overall territory.

Gun Accessibility Most gang members choose to carry a gun because they feel the need for protection from rivals, who then also choose to carry. Thus, the availability of firearms seems directly related to the

32 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. e MUNC 2020 | 13 level of violence perpetrated by gangs. Around 60% of gun purchases are from authorized dealers, with the remaining 40% “accessed through straw men purchasers, theft, or illicit gun markets”3 3. 34 In 1980, “the percentage of homicides caused by firearms during arguments was about the same as from gang involvement (about 70 percent), but by 1993, nearly all gang-related homicides involved guns (95 percent), whereas the percentage of gun homicides related to arguments remained relatively constant”3 5. The percentage wavered, but by 2005, the percentage of homicides as a result of firearms during the commission of a felony rose about 14%, reaching 74%. 36 Considering the proportion of gunshot injuries within one social network, around 9/10 (85%), the relation between gun accessibility and gang violence is significant.3 7 Gunshot victimization is directly linked to the distance of an individual’s network with other victims, and with gang members, that relation is high, increasing the chances of gun victimization.

Projections and Implications As gangs across America continue to clash, gang violence has evolved into an incredibly complex issue. Lawmakers, leaders, and law enforcement, with mounting pressure from communities, want to combat the issue effectively and efficiently, not only to reduce the violence but reiterate their commitment to protecting the people and fighting the danger of gang activity. Overreliance on one strategy—choosing only prevention, intervention, or suppression—will result in little progress. Instead, there needs to exist strong collaboration between stakeholders of the situation to develop comprehensive strategies that employ both prevention measures for

33 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. 34 V enkatesh, Sudhir. “Understanding Kids, Gangs and Guns.” The New York Times, The New York Times, 4 Oct. 2012, www.nytimes.com/2012/10/04/opinion/understanding-kids-gangs-and-guns.html. 35 “Gun Violence in America.” National Institute of Justice, 2019, nij.ojp.gov/topics/articles/gun-violence-america. 36 “Gun Violence in America.” National Institute of Justice, 2019, nij.ojp.gov/topics/articles/gun-violence-america. 37 Howell, James C., and Elizabeth A. Griffiths. Gangs in America's Communities. Third ed., SAGE, 2016. e MUNC 2020 | 14 at-risk youth, intervention measures for those already involved in gangs, and suppression methods where violence affects the community. By developing strategies based on a complete understanding of gangs, from their structural organization to their membership to their patterns of conduct, as well as research of programs and practices, there is hope that gang violence in America will be reduced and that the lives of Americans across the country will improve.

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Committee Goals 1. Understand the complexities of gangs in America—particularly their history, culture, structure, function, and impact. 2. Ignore prejudices and work to develop solutions in the interests of those affected (i.e., communities, law enforcement, youth, etc.). 3. Assess the realities of gang violence in America and decide on the most promising approach(s). 4. Consider the implications of all solutions and what those affected actually want. 5. Collaborate to establish the foundations of a national movement against gang violence.

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Discussion Questions 1. Why are gangs so difficult to define and classify? What should be done to address these difficulties? 2. What theories are relevant to our assessment of gangs? How do they relate to gang emergence, persistence, and violence? 3. What methods of prevention, intervention, and suppression are necessary to stem gang violence in America? 4. How should youth violence linked to gang membership be addressed? Should it be approached differently from general gang violence? 5. Considering the complex nature of gangs in America, specifically the ecological context and population profiles of communities experiencing gang violence, what collaborations are necessary for the success of a cohesive, strategic approach? 6. Given the connection between gun availability and gang violence, what should be done to address the relationship? Who should champion that change?

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