How do gang injunctions violate people’s rights?
JS: First, only eight of the seventy people the City Attorney claims are gang members have to be told that they are at risk of being bound by this injunction. This means that over sixty individuals don’t know that they are at risk of having their civil liberties curtailed, and don’t know that they should go to court to challenge the injunction. Second, after the injunction issues, it would give police officers complete discretion to label anyone living in or visiting the huge 100-square-block area of North Oakland a gang member, without having to prove any wrongdoing. Police would be left to rely on things like what someone looks like, where they live, and who they know, which casts suspicion on an entire community and can lead to racial profiling. Third, because gang injunctions utilize civil court rather than the criminal justice system, they use a lower legal standard of proof, and don’t provide individuals with attorneys. This means that it’s both easier to subject someone to the r
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