TMCnet News
Loyola's Center for Juvenile Law & Policy Symposium to Evaluate Gang Enhancements & InjunctionsThe Center for Juvenile Law & Policy (CJLP) at Loyola Law School, Los Angeles will host defense attorneys, prosecutors, community leaders, policy makers and members of law enforcement for the summit "Guilty by Association: Making a Case against Gang Enhancements and Injunctions" to be held on the Law School's downtown LA campus on Friday and Saturday, April 24-25, 2015. The two-day event will focus on both the legal framework for reforming gang enhancements and a community-based approach to helping those convicted of such offenses re-establish their lives. Keynote speakers include Luis J. Rodriguez, Poet Laureate of Los Angeles, and Fr. Gregory Boyle, S.J., Founder & Executive Director, Homeboy Industries. Loyola Law School is located at 919 Albany St. (at Olympic), Los Angeles, CA (News - Alert) 90015. Program details are available at www.lls.edu/cjlpgang. Members of the media who wish to attend should contact Brian Costello, assistant director of marketing & communications, at [email protected], 213-736-1444 (o) or 310-902-9560 (c). Follow the event on Twitter (News - Alert) at #GuiltyByAssociation @CJLP_LLS. AGENDA: Friday, April 24 8:45-8:55 a.m.: Welcome by Sean Kennedy '89, Executive Director, the Center for Juvenile Law and Policy, Loyola Law School 9:00-10:30 a.m.: Defense Gang Experts The prosecution routinely uses gang experts, but defense counsel rarely call them. This session introduces several gang experts who have been called by defense counsel to rebut a police gang expert's testimony that the crime was gang-related. Such defense gang experts may also assist defense counsel in cross-examining the prosecution's police gang expert or in the presentation of mitigation at sentencing. Moderator: Efrat Sharony, Mitigation Specialist/Social Worker, Center for Juvenile Law & Policy Introduction discussion: Do you call defense gang experts?
Panel
10:30-10:45 a.m.: Break 10:50 a.m.-12:15 p.m.: Historical and Legal Overview of the STEP Act (Pen. Code §186.22) The lecture will cover the history of the STEP Act, from its enactment in 1988 to the drastically increased penalties and predicate offenses of the "Proposition 21" amendments in 2000. Potential constitutional problems and possible defenses, such as "frolic and detour," will be covered. There will be a California Supreme Court update on recent gang-enhancement decisions, as well as a compilation of all intermediate appellate court decisions holding that the gang-enhancement evidence was insufficient as a matter of law.
Brief report on published and unpublished opinions reversing gang enhancement based on insufficient evidence.
12:15-1:15 p.m.: Lunchtime Keynote Speaker - Luis J. Rodriguez, Poet Laureate of Los Angeles and author of Always Running: La Vida Loca, Gang Days in L.A. 1:20-2:45 p.m.: Defending Gang Cases in Court Experienced trial counsel will discuss pretrial motions, voir dire and cross-examnations of police gang experts, tendering defense gang experts and other practical issues that relate to the defense of a client charged with a gang enhancement. An experienced gang prosecutor will discuss how the DA's Office decides when to pursue a gang enhancement and what factors might help to negotiate dropping the enhancement. An LAPD detective will discuss how police gang experts opine whether a crime is gang-related. A former juror will discuss deliberations about a charged gang enhancement. Moderator: Patricia Soung, Clinical Instructor/Staff Attorney, Center for Juvenile Law & Policy Panel
2:50 p.m.: Closing Remarks - Sean Kennedy, Executive Director of the Center for Juvenile Law & Policy, Loyola Law School 3:00-4:30 p.m.: Reception on Founders Hall Plaza Saturday, April 25 8:45-8:55 a.m.: Welcome
9:00 a.m.: Best Practices for Gang Prevention/Outreach Los Angeles Probation Department employs "evidence-based practices" to evaluate gang prevention/outreach programs. After juvenile boot camps and "Scared Straight" approaches were proved to be less effective, communities and service providers experimented with different models for gang prevention and outreach. This session will focus on several rehabilitation-oriented models in an attempt to identify what works best in gang outreach. Moderator: Jorja Leap, Adjunct Professor, UCLA Luskin School of Public Affairs, Department of Social Welfare 9:00-9:45 a.m.: Governmental Programs Panel Moderator: Franky Carrillo, Jr., exoneree and CJLP Advisory Board Member Panel
9:50-11:00 a.m.: Community Programs Panel
11:00-11:15 a.m.: Break 11:00-12:30 p.m.: Anti-Gang Injunctions For more than 30 years, local authorities in Los Angeles have used civil injunctions to aid in "gang suppression" or so-called "hot zones." Several reporters and legal commentators have suggested that it is all but impossible for a person listed as a "gang member" in an injunction to ever have her/his name removed from the list. The City Attorney's Office denies this, pointing to its informal procedures to petition to be removed from the list. We will evaluate conflicting claims about removability and strategize solutions to the obstacles to having one's name removed from a gang injunction list. Moderator: Samuel Pillsbury, Frederick J. Lower Fellow & Professor of Law, Loyola Law School Panel
12:30-1:30 p.m.: Lunchtime Keynote Speaker - Fr. Gregory Boyle, S.J., Founder & Executive Director, Homeboy Industries and author of Tattoos on the Heart 1:40-2:30 p.m.: Breakout Sessions
2:30-2:45 p.m.: Break 2:50-3:45 p.m.: Restrictions on CalGang Database (Penal Code § 186.34) Established in 2003, the state-wide CalGang Database can be accessed only by law enforcement agencies and is used to add people to gang injunctions, support arguments for gang enhancements and even to disqualify families living in public housing. Newly enacted controls over CalGang, including parental notification of juveniles who are designated a "gang member" on CalGang, will be covered. The negative effects of databasing juveniles will be explored. We will also inquire whether the parental notification provisions are being complied with and explore potential avenues for juveniles to contest designation. Moderator: Samantha Buckingham, Clinical Professor & Co-Director, Juvenile Justice Clinic, Center for Juvenile Law & Policy Panel
3:45 p.m.: Closing Remarks -- Sean Kennedy, Executive Director, Center for Juvenile Law & Policy, Loyola Law School 3:50-5:00 p.m.: Reception on Girardi Patio About the Center for Juvenile Law & Policy The CJLP was created to foster systemic reform of the Los Angeles juvenile justice system by participating in and encouraging research, discussion and advocacy. It provides a place for stakeholders to meet and discuss issues in an atmosphere that promotes constructive cooperation. It also provides resources for researching and gathering information not readily available elsewhere. The CJLP comprises three clinics: the Juvenile Justice Clinic, which represents youth in the LA County juvenile justice system; the Youth Education Justice Clinic, which works to ensure that LA County youth receive the educational services to which they are entitled; and the Juvenile Innocence & Fair Sentencing Clinic, which works on behalf of those sentenced to life in prison as youth. Finally, the Center participates in developing policy initiatives for systemic change. About Loyola Law School, Los Angeles Located on an award-winning Frank Gehry-designed campus in downtown Los Angeles, Loyola Law School is home to prominent faculty, dedicated students and cutting-edge programs. The Law School strives to instill in students the knowledge they need to excel on their chosen paths. It dedicates itself to preparing students for the rigors of practice with an extensive portfolio of practical-training opportunities, a 16,000-strong alumni network and a focus on social justice. Learn more at www.lls.edu. |
