Wednesday, July 16, 2008

Being Smart About Life Better Than Being Street Smart

Society's view is that gangbangers perceive themselves to be icons of intelligence, current models of brilliance as they move at their speed of life.

In response to their endless testosterone-saturated braying and bragging, I occasionally told the hard-core gangbangers in my classroom at the Los Padrinos Juvenile Court School (Downey, CA): "All I hear you guys talk about is how smart, strong, fast, and sexy you are. But tell me, why did you get caught? Yeah, I heard laughter at somebody bragging about how the cop fell on the street, skinned his knee, and tried to run, half-crippled, before he quit and gave up the chase. But, somehow, despite that overweight, out-of-shape cop, you still got caught and now you're here." Needless to say, they had no answer. So, I continued with: "In poker, they say if, in the first 30 seconds of playing, you can't tell who the sucker is, then the sucker is you." More than a few squirmed uncomfortably and some even gave out with a hard, bitter, knowing and humorless laugh.

Truth, although there all along, is often "discovered" by gangbangers too late. Like when they're locked up, as was the situation with my hard-bitten, cynical, street-wise-but-life-stupid gangsters.

I am no longer at the Los Padrinos Juvenile Court School teaching hard-core gangbangers. I work full time for defense lawyers as an expert witness in gang cases being tried in court. Usually, the clause "in the company with" is what gets several of my gangbanger clients busted. Why? Being "in the company with" other known gangbangers is a proven threat to the community: Like savaging wolf packs, this "company" of gangbangers often marauds through neighborhoods, robbing, fighting, shooting, intimidating, and threatening ordinary, law-abiding persons. "In the company with" is a major plank in the platform of the City Attorney's Gang Injunction. Most of my clients argue that they were not doing anything with that other person, they were merely just being with him. Well, obviously, they are so stupid they don't realize that's exactly what they are specifically NOT supposed to be doing. D-u-u-u-h! The Gang Injunction does not say that it's okay to be with another known gangbanger so long as you are not engaged in a criminal act. Hello! The criminal act is being "in the company with" that other gangbanger. These gangbangers apparently are too stupid to obey the law, and yet they try to "re-write" (rationalize) the law by explaining they weren't doing a crime (yet).

Occasionally, I am told by clients that they didn't understand their Miranda Rights, even though the arresting officer advised them of these fundamental rights and read the Miranda script to them. Perhaps, in the excitement of getting arrested, they simply forgot the caveat: "You have the right to remain silent. Anything you say can and will be used against you in a court of law," and so forth. My suggestion to law enforcement would be to say the following, after reading an arrestee his/her Miranda Rights: "Did you understand what I just read to you? Now, tell me, in your own words, what the rights, that I have just read to you, mean." Listen to his own wording of and utterance about his Miranda Rights. Then, make the following minor change to the official form on which the arrestee is supposed to attest that he has had his Miranda Rights read to him: Add this language: "I acknowledge by my signature that I have repeated, in my own words, the rights that I have and therefore communicated my understanding about those rights." Thus, the gangbanger arrestee has killed two birds with one stone--or rather, fed two birds with one hand (we don't want to suggest violence, do we?): He has confirmed that the Miranda Rights were read to him by the arresting officer and, equally important, that he understood them. If and when he is arrested again (often the case), he will probably be read his Miranda Rights.

My advice to him would be to stop doing the crazy, illegal and barbaric acts that result in his getting arrested. Losing his Miranda Rights is a lot more tolerable, if he's free, legal and law-abiding, than if he's arrested and incarcerated. Miranda Rights do not hold a candle to being free. (Do you hear that, my classroomful of young gangbangers who argue over whether or not the arresting officer "read me my Miranda Rights"?) You ought to be debating over a multi-dimensional strategy you can execute to get a job, keep yourself gainfully employed, go to school and finish your G.E.D. requirements, help your family, and give back to the community. Decide to stop being a prisoner of your own achievements.

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