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- Title
Sharpen the Blade: Void for Vagueness and Service of Process Concerns in Civil Gang Injunctions.
- Authors
Young, Ryan
- Abstract
The article examines the possible vagueness and service weaknesses in civil gang injunctions, civil lawsuits that prohibit gang members from engaging in criminal and nuisance activities in California. It states that because the U.S. Supreme Court ruled that similarly-worded anti-loitering and anti-vagrancy ordinances prohibiting otherwise legal conduct are unconstitutionally vague, therefore, vagueness challenges emphasizing the second element are relevant to civil gang injunctions. It recommends gang-specific pleadings as a possible solution to the void for vagueness problem. It urges that prosecutors must be proactive in addressing void for vagueness and service of process issues and remain constitutional since gang injunction is an effective means of curbing gang violence.
- Subjects
CALIFORNIA; UNITED States; INJUNCTIONS; LEGAL status of gangs; ACTIONS &; defenses (Law); VAGUENESS (Philosophy); LEGAL status of gang members; UNITED States. Supreme Court; PLEADING; PROSECUTORS
- Publication
McGeorge Law Review, 2009, Vol 40, Issue 4, p1001
- ISSN
1520-9245
- Publication type
Article