NCJ Number
125927
Journal
Journal of Criminal Law and Criminology Volume: 81 Issue: 2 Dated: (Summer 1990) Pages: 348-397
Date Published
1990
Length
50 pages
Annotation
The 1980s witnessed unprecedented growth in gang size, scope of activities, and sophistication.
Abstract
While a variety of theories have been proposed to explain the phenomenon, the explosion in the availability and use of the drug "crack" cocaine is a major factor in the violent expansion of gangs. Two Los Angeles-based gangs, the Bloods and the Crips, are used to illustrate the transformation of gangs into "organized" crime units. As such, prosecutors have begun to apply the Continuing Criminal Enterprise (CCE) statute to these gangs in a new, albeit controversial, manner. Traditionally, the CCE would be applied only to a particular gang "set" for operating a narcotics network in a specific area. Under the new application, a gang may also be prosecuted for aiding and abetting the creation of new narcotic enterprises governed by other gangs in other cities throughout the nation. The validity of this legal theory is unresolved. It has been upheld in some circuit courts and struck down in others. This commentary argues that the new application of the CCE, aider and abettor liability, is correct. 276 references.