Gang Crime Prevention Strategies: Law in Context Evaluation 2018

This essay provides an evaluation of gang crime prevention strategies within the context of law, drawing on legal positivism and neo-tribalism theories. It examines the role of popular culture and subculture in the emergence of gang crimes, focusing on behavioral, social, and psychological factors. The essay further discusses the impact of neo-tribalism on youth culture and analyzes the roles of courts in the UK and USA in addressing gang-related issues, referencing relevant legislation and cases. Finally, it highlights the importance of community efforts in preventing gang crimes by addressing risk factors and promoting awareness. Desklib offers a platform for students to access this and other solved assignments.

Running head: GANG CRIME PREVENTION
Gang Crime Prevention
Name of the Student
Name of the University
Author Note

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Law and Pop Culture:
Modern scholars were of the perspective that, contemporary popular culture does not
have an intact definition. However, authors have defined popular culture and sub-popular culture
in various ways. Modern authors emphasized that popular culture can be referred to the pattern
of different cultural experiences which are prevalent in modern societies. However,
contemporary scholars has different perspectives, in their viewpoint, popular culture is generally
expressed and widely spread by using commercial media that includes- television, radio and
newspapers. Modern autocrats emphasized that in UK, the use of popular culture is widespread
and therefore as a result of it large number of individuals has access to it.
The concept of popular culture has been defined by authors keeping in view the existing
norms and values of the society1. According to modern autocrats, the concept of popular culture
can be referred to the norms and values which are generally followed by ordinary people in their
every course of life. However, these norms and values are opposed to the prevailing high
cultures of the society which revolves around the culture of intellectual communities. Authors
refer these high cultures belonging to intellectual communities as mandarin culture2.
The concept of popular culture can be related to the theory of legal positivism. Modern
scholars opined that, from the perspective of a legal positivist, the regulations and principles of
law has been considered to be valid due to the reason that these laws has been enacted or passed
by a legislative body and accepted by the individuals of the society as a whole. Scholars were of
the view that, popular culture has been able to play its role significantly because it has been
1 Jensen, Sune Qvotrup. "Towards a neo-Birminghamian conception of subculture? History, challenges, and future
potentials." Journal of Youth Studies 21.4 (2018): 407-423.
2 St John, Graham. "Civilised Tribalism: Burning Man, Event-Tribes and Maker Culture." Cultural Sociology 12.1
(2018): 3-21.

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widely accepted by a large number of individuals of the society. Modern authors were of the
view that popular culture came into being as a result of mass-production of commercial culture
and not as a result of an individual act. Modern scholars also emphasized on the concept of sub-
culture and described it as a small cultural group which exists within a relatively large culture.
However, the individuals of sub-cultural communities shares different identity from the large
cultural group.
In this regard, the concept of popular culture and sub culture can be associated with the
emergence of gang crimes in UK and their relation with legal positivism. Modern authors
emphasized that various behavioral, social and psychological factors are associated with modern
gang-crimes. Contemporary scholars were of the opinion that the members of gang-crimes are
associated with various criminal activities. Modern scholars however emphasized on a different
view. In their perspective, youths forming popular culture groups are often associated with
criminal gang activities. Scholars were of the opinion that the concept of positivism is opposed to
the subject-matter of natural law. Modern authors emphasized that the theory of legal positivism
can be applied to the activities of gang crimes as the theory is opposed to moral judgments. In
the perspective of con temporary scholars, the theory of legal positivism can be applied to
eliminate the activities of gang-crimes as the theory emphasized those criminals’ needs to be
punished with the application of legal principles by ignoring moral values.
Neo-tribalism in youth culture:
While critically evaluating the impact of neo-tribalism in youth culture, it is essential to
provide the ideas of different scholars and authors. Modern researchers while analyzing the
importance of neo-tribalism in the study of youth culture recognized two major issues. The first

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issue is associated with the objectivity of youth culture while the second issue is concerned with
the second issue is concerned with the scope of neo-tribalism in relation to youth, music and
lifestyle. In the perspective of these researchers, the subject matter of youth culture in a modern
day has been constantly applied by sociological theorists. There is a belief that youth culture
forms an important part of the society and culture. However, in every society these prevailing
cultures are divided by a thin line of division and therefore it has been difficult for researchers to
identify these lines of division. According to contemporary authors, the concept of tribe is
referred to a certain ambience and the state of mind. These ambiences and state of mind are
expressed with the help of different lifestyles which relatively favors the appearance and form of
tribes.
Modern scholars opined that from the very beginning the concept of neo-tribalism is a
matter of concern for the society. According to them, the concept of neo-tribalism is more
concerned with the shifting nature of different associations between individuals due to the reason
that reason that the society is steadily inclining towards the development of consumers. In the
perspective of ancient scholars, the development of neo-tribalism can be traced back from the
late 1960s and the early 1970s3. However, the process of neo-tribalism was identified much
lately by the modern researches and thereafter these were applied to the origins of mass
consumerism. Modern authors however opposed the application of the concept of neo-tribalism
in modern youth culture. According to their perspective, the principles of neo-tribalism stood as
counter-cultural opposition to various commercially available variants. These variants included-
music and style which existed as a result of the prevailing youth culture during the early 1970s.
3 Rutherford, Leonie, Elizabeth Bullen, and Lenise Prater. "Paranormal Politics and the Romance of Urban
Subcultures: Youth Mobility in Cassandra Clare's and Melissa Marr's Fantasy Texts." Jeunesse: Young People,
Texts, Cultures8.1 (2016): 66-88.

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While considering the issues associated with youth identity and collective expression
which exists within the framework of neo-tribalism, the concept of lifestyle proved to be
beneficial in providing a deep understanding regarding the identification of the existing youth
cultures that has been constructed from the beginning. Modern authors successfully linked the
significance of the processes of neo-tribalism to the preferences of style and music among the
contemporary youth4. In can be stated that the concept of neo-tribalism has been commenting on
the taste and preferences of contemporary youth regarding their taste and preferences in relation
to music and lifestyle and thereby paved the way for the development of youth culture.
Role of court regarding gang crime and relevant cases in the UK and USA:
According to modern scholars the judicial system in UK and USA played significant role
in addressing the issues related to gang crimes5. In United Kingdom, the Policing and Crime Bill
has been introduced for the purpose of providing appropriate solution from the menace of gang
related violence. A new regime has introduced by the Part 4 of the Policing and Crime Bill under
which the local bodies and the police were given authority to bring an action for civil injunctions
against individuals to the Court of Magistrate for the purpose of controlling violence related to
gang crimes. In the perspective of modern scholars, these provisions have been included by the
Policing and Crime Bill for the purpose of minimizing the impact of criminal activity and
violence upon the individuals and the communities as a whole. Scholars were of the view that in
order to minimize the risk of gang crimes, it is important to apply the procedural requirements
accordingly in order to prevent miscarriage of justice. Traditionally, the concept of criminal law
4 Green, David. "Trance-gression: Technoshamanism, Conservatism and Pagan Politics." Politics and Religion
Journal 4.2 (2017): 201-220.
5 Dawes, Simon. "Introduction to Michel Maffesoli's ‘From society to tribal communities’." The Sociological
Review 64.4 (2016): 734-738.

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was implemented for the purpose of maintaining public peace and order. Therefore, authors
opined that in order to minimize the risk arising out of gang crimes, a wide range of standards
needs to be maintained. These standards shall prove to be beneficial in safeguarding the interests
of the general public from the harmful consequences of crime. In this regard, Clause 33 of the
Policing and Crime Bill states that sometimes it may create confusion on the part of the Courts
regarding the question that whether an injunction related to gang crime can be granted or not6.
Therefore, if the Court is satisfied that the defendant or the offender was engaged in such violent
activity or has either encouraged or participated in activities related to gang-violence, then the
Court is at the authority to grant injunction7. It was held in R. v Manchester Crown Court [2002]
UKHL 39 that the standard of proof for ASBOs which was constituted under the rime and
Disorder Act 1998 was considered by the Appellate Committee of the House of Lords.
According to modern authors, the scope of preventive orders are quite complex as they
are involved in covering various situations of different kinds. However, Clause 96 have proposed
to insert relevant sections into the Police and Criminal Evidence Act 1984, relying on which the
Secretary of the State can make regulations regarding retention, destruction of evidences
including fingerprints and DNA8.
In USA the courts are at the authority to apply the apply the relevant Articles of the
United Nations Convention on the Rights of the Child for the purpose of eliminating gang crimes
from the society. Articles 6.1, 6.2 and 24.1, deals with survival rights. According to modern
6 Van Wijnen, Harmen, and Marcel Barnard. "Being-together as a Basic Given: Finding New Ways in Youth
Ministry in a Time of Transition." Ecclesial Practices 4.1 (2017): 25-44.
7 Lehmann, Peter S., Ted Chiricos, and William D. Bales. "Sentencing transferred juveniles in the adult criminal
court: The direct and interactive effects of race and ethnicity." Youth violence and juvenile justice 15.2 (2017): 172-
190.
8 Ang, Rebecca P., et al. "The role of delinquency, proactive aggression, psychopathy and behavioral school
engagement in reported youth gang membership." Journal of adolescence 41 (2015): 148-156.

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scholars, if children are given proper food, shelter, education and security then in the future they
shall not involve in gang crimes. Articles 2, 19.1, 19.2, 32.1, 33, 34, 36 and 37, deals with the
legal provisions. The Courts are at the authority to rely upon these legal provisions while
deciding matters in relation to gang crimes.
Community effort to prevent gang crimes:
According to modern authors, the emergence of youth gang crimes in a modern
community is not a new problem9. It is evident that cities, towns including the rural areas are
experiencing violence related to gang crime. Scholars emphasized that in many communities, the
government officials’ reaches to a conclusion by stating that such gang crimes are prevailing in
the society just because they are associated with certain group and symbols10. The community
officials and residents may experience criminal gang activities in their areas however; such
factor does not indicate the persistence of an emerging gang problem in such areas. Therefore,
researchers opined that systematic assessment should be undertaken by the communities for the
evaluation of behavioral patterns of the local youth engaged in gang crimes before reaching an
appropriate conclusion.
Modern researchers stated in their opinion that the prevention of youth from participating
in gang crimes is not an easy job and is often challenging. It has been observed that from the
very beginning the youth involved in gang crimes have experienced major risk factors during
their early years either in school, family or communities in which they live in. Modern authors
were of the opinion that lack of awareness in schools regarding the issues of criminal gang
9 Decker, Scott H., David C. Pyrooz, and Richard K. Moule. "Disengagement from gangs as role
transitions." Journal of Research on Adolescence 24.2 (2014): 268-283.
10 Johnson, Byron R., et al. "Positive criminology and rethinking the response to adolescent addiction: evidence on
the role of social support, religiosity, and service to others." International journal of criminology and sociology 5
(2016): 172.

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activity has increased such problems to a large extent11. Therefore, it is important on the part of
the communities to involve themselves towards the elimination of gang crimes from the society.
Researchers have argued that in order to prevent gang crimes, the first contribution should be
from the family. Parents should provide proper education and care to their children so that they
do not involve in gang activities in future. It is essential to provide adequate training to children
in schools regarding the fact that how involvement n gangs could be dangerous. It is important
on the part of the communities to crate various recreational centers for youth so that they prevent
themselves from joining criminal gangs.
In the opinion of contemporary researchers, criminal gangs exist within communities and
carry on illegal activities within it12. Therefore, it is evident that the communities are well aware
of these illegal activities. However, communities fear to take appropriate steps against these
illegal gang activities. In the perspective of modern authors, in spite of various obstacles,
communities can contribute towards the prevention of youth gang crimes. Firstly, it is important
on the part of the communities to prevent the involvement of experiences which compel children
and adolescents into joining criminal gangs. In this context, the core of social and educational
institutions should be strengthened which begins at family and schools. It is important for
communities to intervene into the factors causing gang involvement at the early stage. Various
programs should be introduced in relation to this which should target both males and females.
Scholars emphasized that intervention which involves efficient school-based gang prevention
programs should be implemented immediately after the identification of behavioral issues in
11 Zedner, Lucia. "Penal subversions: When is a punishment not punishment, who decides and on what
grounds?." Theoretical Criminology 20.1 (2016): 3-20.
12 O’Neal, Eryn Nicole, et al. "Girls, gangs, and getting out: Gender differences and similarities in leaving the
gang." Youth Violence and Juvenile Justice14.1 (2016): 43-60.

8GANG CRIME AND PREVENTION
children13. However, in some educational institutions, poor and improper implementation of gang
related problems is a vital issue. Therefore, it can be stated that for efficient implementation of
gang crime reduction programs, it is important that children and adolescents shore adhere to the
requirements of such programs.
Legal norms regarding gang crime:
The legal norms associated with gang crimes in USA are contained in U.S Code 521
which deals with provisions regarding criminal street gangs. According to this code, the word
conviction includes imprisonment under the provisions of Federal and State Laws regarding the
act committed by a juvenile which involves violent consequences. The concept of criminal street
gang under this Act signifies the association of five or more persons in activities related to crime.
The Act has effectively addressed the circumstances arising out of the involvement in criminal
gang activities. An individual participating in the activities of criminal street gang with prior
knowledge that its members were involved in criminal activities shall be convicted under this
Act14. However, if such person further intends to participate or promote the activities of the
criminal street gang related to felonious activities then he shall be amounted to fine and
imprisonment. In case of offences against the state which are depicted in Section 102 of the
Controlled Substances Act (21 U.S.C. 802) the individual shall be entitled to a maximum amount
of penalty and imprisonment not less than five years. In case of involvement in felony crime of
violence which involves physical force against persons, it can amount to imprisonment with fine.
13 Jennings-Bey, Timothy, et al. "The trauma response team: a community intervention for gang violence." Journal
of urban health 92.5 (2015): 947-954.
14 Wiley, Stephanie A., Dena C. Carson, and Finn-Aage Esbensen. "Arrest and the Amplification of Deviance: Does
Gang Membership Moderate the Relationship?." Justice Quarterly 34.5 (2017): 788-817.

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In UK, the provisions of Serious Crime Act 2015 deals with serious gang related crimes.
Section 51 of the Serious Crime Act 2015 replaced Section 34 of the same Act in 2009 in which
the circumstances were set out regarding the decision of a court for granting injunction related to
gang crimes. The first essential contained in Section 51 is that whether the defendant was
engaged in gang violence or not. The second essential is that if the court is satisfied, and at the
same time if it appears necessary to the court that granting injunction is necessary for preventing
the defendant from engaging in gang criminal activities in future, then it shall allow it
accordingly. Section 51 has rightly defined violence or right of violence as an activity carried out
by a group of minimum three people. Such group may use certain name, color and identity for
the representation of their gang which signifies their involvement towards a particular area.
However, the definition has been highly criticized by modern authors. Modern authors wee of
the perspective that nowadays gangs are not identified by numbers and by the representation of a
specific symbol15. These gang members are increasingly involved in various drug-related and
other offences which are not in association of a group within a specified area.
Young lawyers and element of neo-tribalism:
From the very beginning, the concept of neo-tribal sociality briefly addresses the co
modification of legal profession. Authors have shared their views regarding the presence of an
alternative focus on the formation of professional identity on the part of the young lawyers16. In
the perspective of modern scholars, the concept of neo-tribalism has been addressing different
aspects for instance lifestyle and various cultures17. According to them, the concept of neo-
15 Pyrooz, David C., Scott H. Decker, and Richard K. Moule Jr. "Criminal and routine activities in online settings:
Gangs, offenders, and the Internet." Justice Quarterly 32.3 (2015): 471-499.
16 Simon, Jonathan. "Governing through crime." Law and Poverty. Routledge, 2017. 97-115.
17 Brownfield, David. "Subcultural theories of crime and delinquency." Criminological Controversies. Routledge,
2018. 99-124.

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tribalism has created an alternative focus upon the issues of young lawyers in the process of
forming a conceptual legal identity. Authors acknowledged the importance of transition from a
traditional perspective to a new managerial perspective based on the principles of legal
profession and various aspects of neo-tribalism. However, various authors have ignored the
importance of cultures related to sub-culture, parallel-realism, Rastafarian and punk culture as an
important part of lifestyle on the part of young lawyers. Modern authors were of the view that by
ignoring the above mentioned cultures, the concept of neo-tribalism can be partially
acknowledged.
According to the opinion of contemporary scholars, the issues concerned with cultures
and lifestyles always formed an important part of identity regarding legal profession. From the
traditional point of view, the issues of lifestyles and cultures were considered as an issue of
occupational position. Scholars opined that due to sudden transition within legal profession there
has been promotion of legal services within the communities of young legal experts18. Therefore,
as a result of such shift in perspective, the focus shifted from legal practice to the study of legal
profession. Modern researchers found out that as a result of sudden change in cultures, the issues
related to lifestyles assumed greater position than compared to professional identity within the
conceptual framework of legal practice between young professionals19. It was observed that as a
result of sudden transition, the focus shifted from law as a profession to law as a business on the
part of young lawyers. In the opinion of modern autocrats, the impact of such changes not only
created major impact on their professional identity but only on their personal business.
18 Petrosino, Anthony, et al. "Cross-sector, multi-agency interventions to address urban youth firearms violence: A
rapid evidence assessment." Aggression and violent behavior 22 (2015): 87-96.
19 Berg, Mark T., et al. "Cynical streets: neighborhood social processes and perceptions of criminal
injustice." Criminology 54.3 (2016): 520-547.

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Academic studies related to young lawyers reveals that due to sudden focus on transition
from the principles of legal education to legal profession created favorable impact on their legal
career. However, with the application of the elements of neo-tribalism towards the study of legal
profession, the communities of young lawyers faced various difficulties. Researchers reveal that
such difficulties were based on differentiation and discrimination20. It was suggested by authors
that such differentiation are associated within the reflection of the elements of neo-tribalism
affecting the choice of young lawyers as well as aspirations while entering legal profession.
Government policies on gang crime prevention:
Modern authors were of the opinion that in a modern society, the functions of the
government is vast and is divided into three major areas. These major areas include- protection,
defend and services. Since time immemorial public welfare is the major concern of the
government. The operation of maintaining law and order are performed efficiently by various
government officials. Therefore, it is important on the part of the government authorities to
identify the existing criminal gangs within the jurisdiction. The government officials should be
aware of the communities served by them and therefore prior to the implementation of programs
and other regulations it is important to carry out proper research and planning.
The government should implement different policies which are independent from each
other for the purpose of eliminating the issue of gang crimes from the society. Most of the
government authorities work closely in association with the police department. The police
department depends relies upon the information provided by the community. Therefore, with
active interaction with the police department, it will be useful for the government to act
20 Abt, Thomas P. "Towards a framework for preventing community violence among youth." Psychology, health &
medicine 22.sup1 (2017): 266-285.