The North Carolina anti gang bills

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When Mayberry Goes Gangsta:
Justice Southern Style

Min. Paul Scott

Summer time in Mayberry. Usually you can find Sherif
Andy and Deputy Barney unarmed in the jailhouse
playin' cards and just chillin'. Meanwhile, Aunt B and
Opie sit on the front porch sippin' home made
lemonade. But that was before "they" rode into town.
Now Andy and Barney wear bulletproof vests. Aunt B
carries a 45 in her Sunday purse, locked and loaded.
And Opie is now "O dog" Main St assassin...

When most folks think of North Carolina, they think of
Apple pie, warm summer nights and college basketball.
But like most places, the Ole North State has its
share of crime. Some folks will warn you that if you
see a kid dressed from head to toe in Carolina blue,
he probably doesn't play for the UNC Tarheels.
Especially in my city, Durham, as for the past few
years the so called gang problem has received national
attention thanks to the media and documentaries.

Durham hasn't always had the reputation of being the
New Jack City of the South. But a few years back the
local media began to do cover stories with gangsta's
throwin' up gang signs and well, the kids that weren't
quite smart enough to get on the A honor roll or
couldn't catch a pass for a hundred yards every Friday
night found that one way to get noticed was go to the
Dollar store and get a bandana, white T shirt and
mimic BET videos.

To add to that, as in many cities, there is also the
practice of gentrification. For those not hip to the
term. When you find a poor neighborhood, label it run
down, drive the people out, sell property dirt cheap
and then rebuild the area...That's gentrification.

What you have a self fulfilling prophecy..Tell the
people they live in a "gang infested" area long enough
and well...You know the rest.

So how do my southern friends and neighbors deal with
the plague of gang violence?

Like folks in any other town below the Mason Dixon
when they fill that their traditional way of life is
threatened...

They panic.

For the past few years, some NC politicians have been
trying to pass tougher legislation to deal with gang
violence. In 2003, to capitalize off of post 9/11
paranoia they tried to pass a Street Gang and
Terrorism Prevention Act but since public anxiety had
begun to die down, it didn't work. In 2007, they are
trying to sneak it under the public radar in the form
of the Street Gang Prevention Act courtesy of House
Bill 274 and Senate Bill 1358.

But the obvious question is, if it is such a darn good
idea, then why hasn't it become law, yet?

Now, I like to take an afternoon walk to the mailbox
without worrying about becoming the victim of a drive
by as much as the next guy but using draconian methods
to deter crime just doesn’t strike me right.

The main controversies surrounding the bills are how
do you determine who is in a gang and is being in a
gang illegal?

The intro to House Bill 274 says that:

"The General Assembly, however, further finds that the
State of North Carolina is in a state of crisis that
has been caused by violent street gangs whose members
threaten, terrorize, and commit a multitude of crimes
against the peaceful citizens of their neighborhoods.
These activities, both individually and collectively,
present a clear and present danger to public order and
safety and are not constitutionally protected"

******Note to Gang members "clear and present danger"
is the ultimate diss because once you get that label
on you. You have no rights and mama can’t save
you*******

According to the bill a "criminal street gang" is
defined as:

"any ongoing organization, association, or group of
three or more persons, whether formal or informal,
which engages in a pattern of criminal gang activity
as defined in subdivision (2) of this section. The
existence of the organization, association, or group
of individuals associated in fact may be established
by evidence of a common name or common identifying
signs, symbols, tattoos, graffiti, or attire or other
distinguishing characteristics."

Translation: Anyone who dresses like the rapper lil
Wayne.

I think that it is safe to say that most middle class
white folks don't know how it feels to be
stereotyped. I still have a not so fond memory of
while attending a summer high school honors program,
standing at a bus stop dressed in my freshest 1984 Hip
Hop gear only to have a Winston Salem bus driver
decide that his half full vehicle suddenly ran out of
room and slam the door in my face.

Also according to the bill "criminal street gang
activity" is a:

"Pattern of criminal gang activity" means the
commission, attempted commission, conspiracy to
commit, or solicitation, coercion, or intimidation of
another person to commit at least two of " a whole
bunch of offences."

I'm not quite sure how you enforce "attempt and
conspiracy to commit a crime."
Maybe I should turn myself in now for that cup of
coffee I was thinking about swiping from the counter
at EZ Mart last week.

Lastly, the bill calls for the heavy prosecution of 12
year olds. I've met some rotten little brats in my day
but I wouldn't really consider a 6th grader another Al
Capone.

The companion bill Senate Bill 1358 is only slightly
more politically correct.

Yes Virginia, there are real gangs in the Bull City
and it is not a utopia. But Durham ain't Compton
either with its generations of gangsterism. This isn’t
an overly crowded city and the same kid who is P-Rock
on Saturday night is Lil Pookie who sings in the youth
choir on Sunday morning.

In other words..It aint' that deep.

We have not reached the point yet when we should
consider performing social retro abortions on twelve
year old kids.

Already they are developing projected budgets based on
the new residents that will be headed to Hotel
Hoodlum. The prison industry is big business and who
am I to knock the hustle. So if your no good, lazy
cousin in Alabama is looking for a good paying job, he
might want to hop the next Greyhound to North
Carolina.

The bottom line is in 2007, we should be able to come
together and think of more innovative solutions to
saving our children than the usual lock em up and
throw away the key.

And that ain't just whistlin' Dixie...

Min. Paul Scott is a writer and activist based in
Durham NC. His blog is
http://www.nowarningshotsfired.com
To reach him contact (919) 451-8283
info@nowarningshotsfired.com

Authors Bio:
Thank you for the webspace. Best of luck