My purpose in writing this commentary is to encourage more of
us to think about and support a communitywide approach to
solving gang violence.
How we in Oxnard create and maintain a safe, healthy and
secure environment for everyone is symbolic of "the community
that cares." If we say we care, but we don't behave like we
care, then we can be accused of being inconsistent,
disorganized or facetious.
If we say we believe in "community policing," but implement
drastic suppression strategies like the Oxnard civil gang
injunction without sufficient community involvement and with
no community review board in place, then we risk undercutting
worthy previous efforts to build a partnership with community
and law enforcement entities.
If we say we value our youth and are willing to provide them
with safe, nurturing and developmental opportunities, then
why would we not keep their interests and support systems at
the center of our decision-making in the allocation of our
resources, in the development and improvement of our city, or
in negotiations with developers and all others in our deal-
making for our future? Our young people are our future and
how we care for them will be very telling for our long-term
well-being.
Gang injunction critique
As designed, it has many flaws. It is a temporary illusory
Band-Aid fix, as the most violent predators are not
identified nor dealt with; the violence is displaced to other
families and neighborhoods; street-gang culture reappears
with new leadership.
It raises multiple constitutional issues and goes beyond
previous legal boundaries endorsed by higher courts, as
police have a blank "search warrant," can use unmonitored
discretion to criminalize the Bill of Rights-guaranteed civil
freedoms of residents, all of which means extended, costly
litigation risks.
It has inadequate checks and balances, as significant,
systematic community input is lacking and there is no
citizens review board. It isolates police as enforcers and
underutilizes community resources. Its rationalization is
questionable and contradictory due to poor data collection
and analysis and its high-cost/low-benefit ratio and other
presentations, which claim that Oxnard, for its size and
type, is one of the safest cities in the county and state.
Its identification is too broad. It does not adequately
recognize renunciation nor redemption, and the opting-out
mechanism appears to be an indeterminate lifelong sentence.
As implemented, it has been divisive. Its advocates use
demonizing labels, stereotyping of our community,
antagonistic communications, even with community citizens who
raise questions or seek alternatives. Rather than emphasis on
the interests of youth and community, it has the appearance
of appeasement of developer interests.
It has been imposed top down, paraphrasing district
attorney/Police Department representatives at a Port Hueneme
City Council and other meetings: We can and will implement
injunctions (note plural) regardless if cities approve them,
and if they -- disgruntled libertarians within the
communities -- don't agree, then that's tough.
Mediation has not involved public input or negotiation with
community organizations wanting to improve strategies,
develop better means of identifying the truly violent
predators, nor intervention and exit processes for those
willing to rehabilitate, presumably because "we don't
negotiate with criminals."
Court mediation excluded community participation because the
district attorney representative invoked confidentiality and
rules of evidence and opposed such participation.
It has generated unnecessary fear of police and confusion
among families and youth within segments of our communities
where mutual support and cooperation are needed to create
secure neighborhoods and to recruit youth into more
responsible, healthy activities. It diverts massive resources
with no public accounting of actual and future anticipated
costs with no apparent end to the story, especially since the
district attorney representative has forecasted the intent to
litigate to the highest levels, expand safety zones, include
other gang territories and to implement similar injunctions
throughout the county.
As evaluated, it has not been openly researched,
comparatively assessed, nor proved to be worthy of continued
extraordinary expenditure in comparison with other more
proven strategies, such as greater investment in youth,
redirection strategies to minimize gang recruitment
potential, neighborhood-based organizations, more focused
surveillance, DNA and other sophisticated investigative and
prosecution techniques, specialized training and staffing,
redirection/intervention/rehabilitation, community policing,
outcomes assessment, targeted mobilization and use of mentors
and role models, among others.
It ignores the deeper, underlying causes of violence such as
powerlessness, lost hope, poverty, unemployment,
undereducation, inadequate parks, underfunded recreation and
social/human resources programming, community
underdevelopment and "benign neglect" within certain
disenfranchised neighborhoods and at-risk families.
Oxnard as a community, and Ventura County as a region, can do
better.
-- Steven F. Arvizu, Ph.D., of Oxnard, is an anthropologist
and retired educator.
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Oxnard solution is flawed
By Steven F. Arvizu
January 30, 2005, Ventura County Star
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