Gang Injunctions Webinar Slides

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  • 8/7/2019 Gang Injunctions Webinar Slides

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    Civil Gang Injunctions

    www.bjatraining.org

    Fresno County Chief Deputy District Attorney Greg Anderson

    559-600-4363, [email protected]

    Los Angeles Deputy City Attorney Jim McDougal

    213-978-4088, [email protected]

    National District Attorney Assn Senior Attorney Whitney Tymas

    703-519-1693, [email protected]

    Webinar Housekeeping

    Audio Support:Use Telephone or Mic & SpeakersCheck Audio Setup for problemsAll callers will be on mutethroughout the webinar

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    To ask a Question:Type a question in the box; click SendStaff will respond in the Questions boxUnanswered questions will beaddressed via email

    Materials & Recording:www.bjatraining.org Wed, Nov. 10

    BJA NTTAC

    BJA provides the criminal justice field with thespecialized knowledge to: identify problems

    resolve issues

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    en ance program activities

    Coordinated by Fox Valley Technical College For more information or to submit a training and

    technical assistance request: www.bjatraining.org

    [email protected]

    1-888-347-5610

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    National District Attorneys Assn

    National District Attorney Assn Senior Attorney

    Whitney Tymas 703-519-1693, [email protected]

    No-Cost Civil Gang Injunction Training & Site Visits

    www.bjatraining.org

    Fresno County Chief Deputy District Atty Greg Anderson

    559-600-4363, [email protected]

    Los Angeles Deputy City Attorney Jim McDougal

    213-978-4088, [email protected]

    What Is A Civil Gang Injunction

    Civil restraining order

    Preliminary or permanent court order, aninjunction, issued in a civil case against a

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    street gang and its members enjoiningcertain behavior, like associating in public,trespass and curfew, within a defined SafetyZone, to abate a public nuisance caused bythe conduct and activities of that gang

    Popular in California (130+)

    Fresno County District Attorney Long Beach City Prosecutor Los Angeles City Attorney Los Angeles County District Atty

    Oakland City Attorney

    San Diego County District Atty San Francisco City Attorney San Jose City Attorney Santa Ana City Attorney

    Santa Barbara District Attorney

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    Riverside District Attorney Sacramento City Attorney San Bernardino City Attorney San Bernardino District Attorney San Diego City Attorney

    Stanislaus County District Atty Tulare County District Attorney Ventura County District Attorney Yolo County District Attorney & several Contract City Attys

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    Not Just in California

    Texas (dozens)

    West Palm Beach x2

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    St Paul Minn

    Weber County Utah

    12/18/09 NDAA Site Visit

    Why Get A Civil Gang Injunction

    Because They Work

    if gang is a good target,

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    if injunction is well done

    if injunction is well enforced

    Part I Crime Down

    Gangsters Hard to Find

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    ua y o e p

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    Ph.D.s Say CGIs Work

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    What Are Gang Injunctions

    preliminary orermanent

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    injunction(court order)

    Drawback #1: Civil Court

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    New &Different toProsecutors

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    Drawback #2:

    Limited to a Safety Zone

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    For small site, do situs abatement

    (sue the owner, not the gang)

    www.bjatraining.orgDCA Jonathan Cristall, 213-978-4657

    Drawback #3: Big Upfront Investment

    & Continuing Maintenance Needed

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    Collecting Evidence Is Like

    Drinking From A Fire Hydrant

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    Legally, How Do They Work

    Nuisance abated by enjoining its precursor activities

    Precursor

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    Things evidence shows tend to lead to the nuisance activity

    So innocent (i.e., otherwise lawful) activity is enjoined

    Otherwise Lawful Now Enjoined

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    Injunctions are also Good Policy:

    we make outreach more effective

    Homeboy Industries head Father Greg Boyle asquoted in LA Weekly, July 18, 2003:

    [E]i ht minutes after one[*]was filed here on the

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    Eastside, I had kids in my office

    [A]n injunction creates a kind of vigilant heatthat moves kids towards the light.

    * KAM Gang Injunction

    How to Get a Gang Injunction

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    You Need To Get An Attorney At The

    Start Of A Civil Injunction Project

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    Gang Prosecutors Steps To

    A Civil Gang Injunction Do Map Reconnaissance

    ID Active Gangsters Do a Ground Recon

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    , , Written Crime Reports

    Draft Percipient Decls Draft Expert Decl(s) Do Some Other Stuff Draft Legal Documents File Case! Go To Court

    ID, Collect, Collate Evidence

    Evidence by G/M From rap sheets

    Get victim reports

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    Evidence by Area Do computer runs

    Fastrac/Compstat

    Consider FI cards

    Make Spreadsheets

    Amateurs Talk Tactics,

    Professionals Talk Logistics

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    Evidence Collection:

    Keep It Simple; Keep It Safe

    Police paper is all I use If not enough, then why?

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    Other evid tempting, but Safety concerns

    Time, efficiency

    Do use their own photos

    Draft Percipient Decls

    Arrest reports, preliminaryinvestigations, field interviews,

    -

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    for report-writing officer

    Draft Expert Decl(s)

    As soon as atty can ask good questions, tape an interviewwith your expert, modify my list of questions

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    Add graffiti , tattoo, and homeboy photos

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    Fresno Style Expert(s) Only

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    Draft Legal Documents

    Draft Boilerplate Legal Docs Use Forms As Starting Point

    Understand, Dont Blindly Copy

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    Know Civi Proce ure Written & Unwritten Rules

    Keep Order Simple(Enforcement)

    File The Case, Go To Court

    Do Map Reconnaissance

    ID Active Gangsters

    Do a Ground Recon

    ID, Collect, Collate Evid

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    Written Crime Reports

    Draft Percipient Decls

    Draft Expert Decl(s)

    Do Some Other Stuff

    Draft Legal Documents

    Its SHOWTIME, File The Case!

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    Enforcement (Contempt)

    violation of a court order

    90% Obey Injunction

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    5% Disobey Once

    5% Disobey Always

    Is It Worth It?

    One Year of Work = Benefits Forever

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    Help Us Help You

    Build On Our Experience

    Avoid Avoidable Mistakes

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    Even With The Facts And The Law

    On Our Side, It Aint Automatic

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    denied!

    Gang Injunctions Save Lives

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    Fresno County Chief Deputy District Attorney Greg Anderson

    559-600-4363, [email protected]

    Los Angeles Deputy City Attorney Jim McDougal

    213-978-4088, [email protected]

    National District Attorney Assn Senior Attorney Whitney Tymas

    703-519-1693, [email protected]

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    www.bjatraining.org

    Fresno County Chief Deputy District Attorney Greg Anderson

    559-600-4363, [email protected]

    Los Angeles Deputy City Attorney Jim McDougal

    213-978-4088, [email protected]

    National District Attorney Assn Senior Attorney Whitney Tymas

    703-519-1693, [email protected]

    www.bjatraining.org

    econ ues ays a e narPretrial 101

    December 14, 2010 @ 2pm Eastern

    Register at:www.bjatraining.org