The governor, attorney general, state?s attorneys, police chiefs and three-quarters of the House of Delegates all are gung-ho to pass legislation expanding the ability to prosecute gang members.
But members of the House Judiciary Committee, along with youth advocates and public defenders, were skeptical about the reach of the legislation and its impact.
This bill “allows prosecution of gangs as a unit,” said Attorney General Doug Gansler, who would gain additional authority to prosecute gangs operating across county lines. Gansler denied that the bill infringed on freedom of association.
The bill prohibits a person from participating in a criminal gang knowing that the other members engage in crime, and willfully promoting or assisting in the commission of a long list of violent crimes. To be a gang, it must have some kind of identifying sign, symbol, name, leader or purpose.
“This bill is a compromise in terms of some of the issues,” said Queen Anne?s County State?s Attorney Frank Kratovil, speaking for the State?s Attorneys Association. “These are not going to be easy cases to prosecute.”
Gansler said some people said the bill does not go far enough, even though it has been compared to the federal organized crime statute.
Montgomery County State?s Attorney John McCarthy said, “We?ve identified over a thousand gang members in Montgomery County alone,” and as many as 100 are in the county jail at any one time.
But Del. Luiz Simmons, D-Montgomery, appeared skeptical of the numbers. “I don?t think the public ought to be subjected to exaggerated fears of exaggerated threats,” he said.
“I?m trying to get beyond the anecdotal data,” said Del. Curt Anderson, D-Baltimore City, doubting the number of gang members.
But Gansler has insisted, “We won?t be able to use this bill unless we?re right” about the size of the problem.
Kimberly Armstrong of Maryland Juvenile Justice Coalition, along with other youth advocates, complained that the bill emphasizes punishment rather than intervention or prevention and “provides nothing to address the underlying causes.”
