Conspiracy: Contemporary Gang Policing and Prosecutions

Authors

Keegan Stephan, Benjamin N. Cardozo School of Law

Abstract

Part I of this Note reviews gang policing before Morales, explains the vagueness, equal protection, and policy and custom doctrines that helped shape gang policing, and details the practices of contemporary gang policing. Part II argues that contemporary gang policing violates equal protection under the innovative showing of discriminatory intent found in Floyd v. City of New York, and that contemporary gang policing violates both prongs of the vagueness doctrine when viewed in its totality-at least where it is proscribed by statute. Part III notes that the vagueness doctrine has historically been applied only to statutory law and proposes that the doctrine be extended to non-statutory policies and practices with the force of law in order to address both the equal protection and vagueness failing of contemporary gang policing, even where the practice is not proscribed by statute. Part III also argues that instead of attempting to reform contemporary gang policing, municipalities should shift the resources used on gang policing to community programs that have proven to be more effective at addressing gang crime.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Law | Science and Technology Law

Recommended Citation

Keegan Stephan, Conspiracy: Contemporary Gang Policing and Prosecutions, 40 Cardozo L. Rev. 991 (2018).
Available at: https://larc.cardozo.yu.edu/clr/vol40/iss2/10