Gang Antiloitering Laws Can Be Made Constitutional (From Gangs: Opposing Viewpoints, P 140-147, 1996, David Bender and Bruno Leone, eds. -- See NCJ-159928)

• NCJ Number: 159947
• Author(s): L A Kainec
• Date Published: 1996
• Length: 8 pages
• Sale Source: Greenhaven Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Opposing Viewpoints Series

Annotation

The constitutional validity of a 1992 Chicago loitering ordinance designed to prevent criminal gang activities such as murder, robbery, and burglary is assessed.

Abstract

Chicago's loitering ordinance is expected to face challenges on constitutional grounds since other loitering laws have faced constitutional challenges on several occasions. The author notes, however, that the ordinance contains a dispersement clause declaring it a violation for suspected gang members to disobey a police officer's order to disperse and that this clause makes the ordinance constitutional. The ordinance constitutes reasonable use of police power to prevent gang violence and other criminal activities. Further, instead of requiring the observance of several overt acts from which intent may be inferred, the ordinance requires one specific overt act to establish a violation. Specifically, persons observed loitering with known gang members will be ordered to disperse by the police. If these individuals refuse to obey the police order, they will be found in violation of the ordinance. Chicago's loitering ordinance represents a novel approach to the growing crime and violence in inner cities in that it involves the ability to prohibit conduct before criminal activity occurs.