The Annoyed Man wrote: ↑Thu Dec 06, 2018 11:07 am
Maybe I should have used another example?
Let’s try another one ... under Texas law, if your brother is a known Crip, but you are not, are you “gang affiliated”, and how does
his membership affect
your gun rights?
Also, by what part of due process in the law is an entire gang and all of its members judged to be criminals? I guess what I mean is, who actually makes that decision, and how is due process for the individual members observed in the breach? I mean... criminals or not, they DO have constitutional rights, don’t they?
CAVEAT: I am not personally sympathetic to gangs either, and I’m not so naive as to not understand what they are about. I believe them to be the stain in society’s underwear.
But to be defined by the law as a criminal, does not an individual actor have to actually have committed a crime and then be convicted of it, or at the very least, have to have actually conspired to commit that specific crime? It defies logic to claim that ALL members of a given gang - which may have
thousands of members - have individual knowledge of the conspiracy to commit a specific crime. If there are East Side Crips and West Side Crips, and the city is a megalopolis like Houston, it’s entirely reasonable to believe that the guys on the East Side have know way of knowing about the planning and execution of the crime of robbing a liquor store on the West Side. So how are they even conspirators?
Maybe is a chicken/egg thing.......
