Gang Violence: A Federal Crime?

It Would Be, Under House Bill With Tough Penalties, Including Death

(AP)  Critics of the bill say state and local police agencies could escalate the fight against such gangs under existing laws. They also say the Bush administration and Congress have cut back social programs that could deter youths from joining gangs in the first place.

"Because there are alarming stories about gang violence, members of Congress are under pressure from constituents to offer solutions," said Morna Murray of the Children's Defense Fund. "The fear makes it hard to focus on crime prevention. 'Tough on crime' sells, but it doesn't work."

The bill's opponents include some conservatives who question the concept of federalizing law enforcement tasks traditionally handled by states.

"It's better that it stays state law — that's the true conservative position," said Rep. Robert Inglis, R-S.C., the only Republican opposing the bill when the Judiciary Committee approved it on an otherwise party-line vote.

Forbes said of Inglis, "He's a nice guy — but he's dead wrong."

"In the past, these gangs were in just one area — now they have networks across the country," Forbes said. "We want to create enforcement teams that will do six- or seven-month investigations, and then have trials that will bring whole networks down. States can't do that."

Federal statutes already target Mafia-style organizations. Forbes said his bill is needed because some judges and juries balk at applying such anti-racketeering laws to street gangs.

Among those testifying against the bill was Bob Shepherd, a retired law professor and former assistant attorney general in Virginia.

"The amazing thing to a lot of us was how it got on this fast track," Shepherd said. "They're trying to ramrod it through without a lot of deliberation."

He expressed alarm over provisions that would allow federal prosecutors to transfer 16- and 17-year-olds to adult court without judicial review and impose mandatory minimum sentences regardless of circumstances. Critics say the sentencing provisions could require an additional 24,000 prison beds over the next decade.

However, the Fraternal Order of Police said mandatory minimums are appropriate for gang offenders who tend to commit multiple violent acts.

"They're not deterred by the prospect of 90 days on the state farm," union executive director Jim Pasco said.