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Gallo v. Acuna (DOC)
Chicago v. Morales (HTML)
Blythe Report, (PDF)
What's your view of gang
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Law Reviews Related to the Constitutionality of Gang Injunctions and other Scholarly ArticlesAstvasadoorian, Raffy. 1998. California's Two-Prong Attack Against Gang Crime and Violence: The Street Terrorism Enforcement and Prevention Act and Anti-Gang Injunctions . La Verne Law Review. Journal of Juvenile Law. 19 J. Juv. L. 272. Glazer, Elizabeth. 1999. Thinking Strategically: How Federal Prosecutors Can Reduce Violent Crime . Fordham Urban Law Journal. 26 Fordham Urb. L.J. 573 Herd, Bergen. 1998. INJUNCTIONS AS A TOOL TO FIGHT GANG-RELATED PROBLEMS IN CALIFORNIA AFTER PEOPLE EX REL GALLO V. ACUNA: A SUITABLE SOLUTION? McClellan, Edson. 1998. People ex rel. Gallo v. Acuna: Pulling in the Nets on Criminal Street Gangs Robert, Dorothy. 1999. Forward: race, vagueness, and the social meaning of order-maintenance policing. The Journal of Criminal Law & Criminology Vol. 89: 775-836. Rosenthal, Lawrence, 2000, Gang loitering and race. The Journal of Criminal Law & Criminology, vol. 91, 99-160. Rubin, Bart. 1998. HAIL, HAIL, THE GANGS ARE ALL HERE: WHY NEW YORK SHOULD ADOPT A COMPREHENSIVE ANTI-GANG STATUTE Stewart, Gary. 1998. Black Codes and Broken Windows: The Legacy of Racial Hegemony in Anti-Gang Civil Injunctions. Yale Law Journal Walston, Gregory. 1999. Taking the Constitution at Its Word: A Defense of the Use of Anti-Gang Injunctions . University of Miami Law Review. Werdegar, Matthew Mickle. 1999. Enjoining the Constitution: The Use of Public Nuisance Abatement Injunctions Against Urban Street Gangs . Stanford Law Review,
On May 9, 2001, in a case called People v. Englebrecht, the Fourth District Court of Appeal upheld a trial court's ruling that gang injunctions are constitutional. In 1997, the District Attorney's Office and the Oceanside Police Department filed a civil lawsuit against 28 members of the Posole gang and obtained a permenent injunction. One of the gang members, David Englebrecht, challenged the injunction and went to court. It was the first gang injunction civil trial in the nation, and the prosecution prevailed. However, the ACLU filed an appeal on behalf of Englebrecht. The Court of Appeal sided with the San Diego County District Attorney's Office in its May 2001decision. People v. Englebrecht [PDF 75 k] |