Prosecuting Gangs Poses Special Challenges
By 250 News
Tuesday, November 02, 2010 03:56 AM
Prince George, B.C.- In her presentation at the Gang Crime Summit inPrince George, Crown Counsel Anne Baines talked of the challenges and difficulties posed by prosecuting gang members.
One of the biggest problems is the extreme violence often associated with the gangs, which can result in witness intimidation, as well as retaliation against former gang associates.
In addition, many of the victims of and witnesses to gang crime are themselves suffering from drug addiction and thus vulnerable to pressure on that front. Many do not have faith that the justice system can protect them.
Gang prosecutions can be complicated matters, involving multiple police officers, defendants, victims, witnesses and forensic experts. This can involve a lot of coordination and sometimes long periods of time. For example, fingerprint, DNA and firearm evidence often must be sent off to labs in Edmonton, Saskatoon, or as far away as Halifax.
Keeping charged gang members in custody is another problem for prosecutors, because they have to show cause as to why these gang members should be held in custody for long periods while awaiting trial. At the same time, there is the legal expectation that everyone accused of a crime has the right to a timely trial. However, the easiest way to make the case for custody is by arguing that the accused constitute a danger to the public or witnesses.
In his part of this session on prosecuting gangs, Rob Kearns of the BC Sheriff Services gave a brief overview of what the BCSS does in terms of protecting the public and witnesses in the court system, as well as accused gang members (who may be at risk from rival gangs). He pointed out that gang members are harder to identify in the Prince George region compared to the Lower Mainland, as a result of fluid gang membership, new groups being formed, and sometimes lack of overt gang insignias.
One particular problem arises from the fact that all members of the public, including gang members, are free to attend trials. This means that a group of gang members can attend court and, through “staring” at witnesses, can engage in “soft” intimidation. Some of the techniques that the Sheriff Services employ to discourage gang bangers from attending court include asking for identification, ordering removal of gang colours, and conducting body searches.
In the question and answer period following the two presentations, some members of the audience expressed concerns about the fact that the gang situation appeared to be getting worse in the city, and that there didn’t appear to be much progress in combatting the problem. Prosecutor Baines disagreed, commenting that she thought progress was being made, although it may be only in relatively small ways at this time.
Other people complained that not enough resources were being devoted to the prosecution of gangs and that the justice system in BC seemed to be more lenient towards gang crime than other jurisdictions in the country.
The summit cotinues today with discussions on the special role media can play in the battle against gangs.
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I'd like to see a study on how many gang bangers got into the business after having their lives ruined by the ICBC laws... I'll be willing to bet 90%+ got into the business after losing their ability to work a legitimate job. The police for the most part profile those they suspect deserve the punishment using unrealistic punishment for minor crimes creating the cycle to begin with. From there its all downhill. If they only went after the violent criminals and the hard drug dealers with the same zeal as they approach grow ops for example or 'speeders' we would see a lot less of the underworld activity finding futile ground out of desperation.