stories filed under: "gangs"
Court Says Playing Dungeons & Dragons In Prisons Represents Gang Behavior
from the bloods,-crips-and-paladins dept
Slashdot points us to a somewhat odd lawsuit in which a court determined that the game Dungeons & Dragons could lead to gang activity, and thus could be banned in prisons.Basically, a guy who is serving a life sentence for murder, Kevin Singer, was apparently an avid D&D player as well, and had a collection of D&D books and related paraphernalia. However, it was confiscated by the prison after another prisoner complained that Singer was building a "gang" around D&D.
...Waupun's long-serving Disruptive Group Coordinator, Captain Bruce Muraski, received an anonymous letter from an inmate. The letter expressed concern that Singer and three other inmates were forming a D&D gang and were trying to recruit others to join by passing around their D&D publications and touting the "rush" they got from playing the game. Muraski, Waupun's expert on gang activity, decided to heed the letter"s advice and "check into this gang before it gets out of hand."Singer and the other prisoners named in the letter filed a complaint about the confiscation, and then a lawsuit. Singer got numerous experts to explain that D&D is not related to gang activity. The court claims that some of those experts actually claimed otherwise, but the interpretation here is fuzzy. The court says that these experts disagreed with Singer's assertions because they claimed that D&D could keep people away from gang activity, and thus it's "connected" to gang activity. I can't see how this makes any sense at all. By that reasoning anything that someone does that keeps them away from joining a gang is automatically considered, itself, a gang activity. How does that make sense?
The explanation as to why D&D serves to create gang activity seems absolutely ridiculous:
Muraski elaborated that during D&D games, one player is denoted the "Dungeon Master." The Dungeon Master is tasked with giving directions to other players, which Muraski testified mimics the organization of a gang. At bottom, his testimony about this policy aim highlighted Waupun's worries about cooperative activity among inmates, particularly that carried out in an organized, hierarchical fashion. Muraski's second asserted governmental interest in the D&D ban was inmate rehabilitation. He testified that D&D can "foster an inmate's obsession with escaping from the real life, correctional environment, fostering hostility, violence and escape behavior," which in turn "can compromise not only the inmate's rehabilitation and effects of positive programming but also endanger the public and jeopardize the safety and security of the institution."Read that a couple times. The argument is basically that (1) any activity that involves a hierarchy mimics gang activity and thus can be barred and (2) anything that lets inmates have an imagination might hurt their chances at rehabilitation. The court seems to suggest that part of the problem is that Singer failed to directly answer specific questions or make the specific points he needed to in order to prevail -- which is entirely possible. However, it still seems like a silly result all around.
Filed Under: dungeons and dragons, gangs, prison
Should MySpace Friends & Photos Be Enough Evidence To Convict Someone Of Criminal Gang Activity
from the guilty-by-myspace-association dept
Gangs and gang violence may be a serious problem in some areas, but does that mean we should make people guilty based on very loose associations? Venkat Balasubramani has a post about a recent appeals court ruling in Ohio, in which some defendants were convicted of "participation in criminal gang activity," almost entirely based on their MySpace friends and photographs. The police officers initially testified that gang members were using social networking sites more and more frequently, and then went full on charging guilt by association:Officer Criss . . . noted [defendants] were friends on MySpace. Mr. Owens was pictured in two photographs on Mr. McCraney's MySpace page. In one of the photographs, Mr. Owens was wearing all black and he was standing with several other people who were wearing all black, or black and red. Further, several of the people in the photograph were displaying gang hand signs. The other photograph from Mr. McCraney's page depicted [defendants, along with] a known gang member.This was pretty much the crux of the evidence of gang activity. The court also heard that one of the defendants had a previous conviction for dealing marijuana, and the police noted that "gangs primarily are involved with the sale of drugs," but no other evidence was used to tie that conviction to any actual gang activity. That seems like incredibly thin evidence, but the court decided that it was sufficient to prove criminal gang activity.
Officer Criss also discussed photographs taken from Mr. Owens' own MySpace page. One of the photographs depicted Mr. Owens in a red hat and a fur coat. Officer Criss said this was significant because red is a gang color and the fur coat is a status symbol in the gang community. In addition, Mr. Owens' gold teeth were also alluded to as being a status symbol. Another photograph from Mr. Owens' MySpace page depicted Mr. Owens holding a large sum of cash and wearing red and black clothing. Further, dollar signs are superimposed all over the photograph. Again Officer Criss stated that red and black are associated with the Bloodline gangs and the money symbols and the display of a large amount of cash represented that Mr. Owens was able to get large sums of money.
One judge dissented, noting just how thin the evidence appeared to be:
Essentially, the majority's decision allows one to conclude that someone actively participates in a criminal gang if that person has committed theft or drug crimes in the past, wears one color associated with a gang, and associates with people who are in a gang or who make gang hand signs. I also find it troubling that the majority suggests that despite the lack of evidence concerning the significant indicators of participation in gang activity, the gap in the evidence is satisfied simply because an officer stated that he believed Mr. Owens actively participated in a criminal gang.That judge also details how even the thin evidence was even thinner than the court suggested. It noted that none of the photographs with gang members even appeared on this guy's own MySpace website, but on another's. And he wasn't seen making the gang hand signs in any of them -- others are. In other words, if you're in a photo on a social network with people making gang signs and wearing some rather common colors that are also associated with a gang, you can be convicted of criminal gang activities. That doesn't seem right.
Filed Under: evidence, gangs, social networks
Companies: myspace
Facing Five Years In Prison For Posting A Photo On MySpace Wearing Gang Colors
from the seems-a-bit-harsh dept
Dealing with gang activity is certainly a priority in areas beset by gang violence, but does that mean we throw out certain First Amendment rights? Last year, Florida passed a new anti-gang law that banned using electronic communications "for the purpose of benefiting, promoting, or furthering the interests of a criminal gang" and that included "advertis[ing] his or her presence in the community" via an online image or video. Apparently, authorities in Florida have now arrested 15 people under this law based on their MySpace profiles, including one 14-year-old who "posted pictures of himself dressed in gang colors and displaying gang hand signals." For this, all of those arrested now face up to 5 years in prison. Some are already protesting the constitutionality of this law. It certainly seems like a limit on free expression.Even recognizing the problems with gang violence, it seems a bit extreme to arrest people and threaten them with jailtime just for posting such photos on their profiles. Why not use that information to track and monitor certain gang members to try to stop actual illegal gang activity? Here are kids advertising to anyone (including the police) that they're in a gang, which should make it easier for the police to follow them and use that info to deal with real gang activity.
Filed Under: florida, free speech, gangs, social networks
Companies: myspace
Press Rediscovers That Mexican Gangs Use YouTube
from the what-goes-around,-comes-around dept
Mexican drug-related violence has been in the news a lot in the last month, so perhaps it's no surprise that USA Today is running a big article about how Mexican gangs and drug cartels use YouTube to communicate and spread messages of intimidation. Of course, two years ago, a bunch of similar stories made the news. The good news, though, is that rather than freaking out about it and demanding YouTube remove the videos, both Mexican and American officials are monitoring the videos to try to pick up clues to gang activities.Filed Under: drug wars, gangs, mexico, social media, videos
Companies: youtube
LA Includes Piracy With Drugs, Gangs, Prostitution And Gambling As 'Detrimental To Public Health & Safety'
from the but-of-course dept
Various laws have allowed local governments to declare specific property "detrimental to public health & safety" when that property becomes overrun with drugs, gangs, prostitution or gambling. However, the entertainment industry's hometown gov't in Los Angeles has now expanded the list to include music and movie piracy as well. Whatever you think of unauthorized copying of content, it's difficult to see how you can, with a straight face, claim that it is the equivalent of property being overrun with drugs, gangs prostitution or gambling.Filed Under: drugs, gambling, gangs, health and safety, los angeles, piracy, prostititution