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Complete June 24 2007 Issue of the Newspaper Edition (PDF)

Recent Articles

The Two Faces of Bill Richardson, The "Clean Energy" Governor's Nuclear Ties
by Leland Lehrman

The Corporate Prison Boom, Immigration and The Law
by Tilda Sosaya

What is a Culture of Peace?
by Louise Diamond

Diplomacy the Watchword,
Ambassadors Converge on New Mexico

by Leland Lehrman

Gary King: "We Are All Constituents"
by Stephen Fox

Holocaust or Hoax, The Global Warming Debate Heats Up
by Leland Lehrman

The Hunting Fallacy
by Cyril Christo

Impeachment Limerick
Richard Arthure

“Powerbrokers” (Legislative Leadership and Lobbyists) in Control of Conference Committee
by Stephen Fox

NM Senate Joint Memorial to Begin Process of Prohibiting Production of New Nuclear Weapons in New Mexico
by Leland Lehrman

Legislature is a “Brain Trust” to Accomplish All We Need in New Mexico
by Stephen Fox

We Don’t Need a War on Gangs in New Mexico
by Jerry Ortiz y Pino, New Mexico State Senator

Albuquerque’s City Fathers are currently undergoing one of the recurring civic spasms that produce get-tough campaigns against youth gangs. These nervous disorders regularly afflict public officials in our Democracy. About all it takes usually are one or two high-profile crimes of violence involving minority youths (always identified by law enforcement as “known gang bangers”) or an indignant editorial page denunciation of “predatory gang activity” to cause many local officials to reach for the high dudgeon switch. When Albuquerque City Councilor Ken Sanchez hit that switch last month, he came up with a couple of proposals remarkably similar to the ones that Governor Richardson has sent to the State Legislature in recent years (so far without success): making it a crime to be a member in a gang and enhancing the penalties for certain crimes—if they are committed by gang members. It is probably no coincidence that similar efforts to punish gang membership have been or are being tried in cities and states from one coast to the other. The World is desperate for a solution to the intractable problem of Youth Gangs.

Such proposals are probably unconstitutional. They are certainly discriminatory. And there is no evidence that they will do anything about the problem other than make it worse. Fortunately, we have some sane voices out there arguing for a more sensible approach.

Bernalillo County’s Juvenile Detention Center is run by a professional in juvenile rehabilitation who recognizes that locking up youths for long periods of time is a guarantee that they will return to crime when they get out. He also happens to be a member of the State House of Representatives. So Tom Swisstack’s views on the subject command attention…around the country as well as in New Mexico. For the past five years, with the help of grant money from private foundations, he has been ingeniously figuring out ways to divert juveniles from being imprisoned. The results are startling. The numbers of offenders in detention have gone down sharply. By fighting juvenile crime using methods that are smarter, not tougher, Swisstack and his team have been very effective in turning hundreds of young lives around. In the process they have also saved millions of taxpayer dollars.

I have a recurring nightmare in which the number of young New Mexicans held in juvenile prisons goes up (the certain result of the “figure-out-new-ways-to-lock-‘em-up” approach to the problem). The cost (some $35,000 per year apiece) becomes staggering. To cover the skyrocketing bills, education, mental health, job training, after-school and youth employment programs are cut back…which (of course) leads to yet more juvenile crime.

If we are trying to reduce crime, this isn’t a route that will get us there. We already have plenty of tough laws on the books against murder, drug trafficking, drive-by shootings, racketeering, auto theft—all the things we worry gangs will do. If they do one, we can currently arrest them and throw the book at them. What is being sought now is something different: it’s an attempt to make belonging to a gang a crime. And that’s a big problem. Constitutionally, simply joining a group cannot by itself be punished. The individual has to be proven to have done something that hurts others. Further, how do you decide who’s in a gang? I know the police gang unit says there are 10,000 gang members in New Mexico belonging to 150 different gangs (or some such similarly fantastic number).

But really? Who are they counting? There aren’t gang membership lists, ID cards, classes of membership. It’s much more informal, fluid, with lots of wannabes, veteranos and copy-cats moving in and out at the fringes. Is a low-rider club a gang? How about a motorcycle club? A softball team? A scout troop? How are you defining “colors”, clothing, recruitment?

My suggestion is to all take a deep breath and regain emotional control. We must not over-react. We do know some things about youths in gangs and we shouldn’t forget them: they need and they want precisely the same thing that every young person needs and wants: security, opportunity, belonging to a family. If we really want to eliminate gang violence, reduce gang crime and expand options to gang involvement, we will get there faster and cheaper by improving our schools, offering job skills training and providing multiple ways to recognize young men and women for positive actions.

Steve Valdivia fought gangs for twenty-five years as head of Los Angeles County’s Gang Intervention and Prevention Office. Now that he’s retired, he lives part of each year in Albuquerque and is working on a book to be published this fall. In it he explains the fundamental dynamic of street gangs (across history and across cultures including what’s going on in Iraq today) and why what he has learned on the streets can be effective in reaching gang members. He is particularly scornful of frontal assaults on gang membership by representatives of the powerful authority figures in a society (such as when the cops protect business or political interests). Because Valdivia sees the creation of a youth gang as an understandable response to systemic violence, he understands that prison for such young people is not a threat but a fulfillment of their expectations.

Since he doesn’t see gang members as monsters, but as being motivated by precisely the same things that motivate all young people, he recognizes the futility of punishing them. If we make the mistake of categorizing them, labeling them, criminalizing them, then we will reap the consequence: they will fulfill our expectations. And that’s a very expensive and futile way to operate.

Far wiser would it be to develop a cadre of skilled, idealistic and completely professional youth workers who would reach out to gang members, seeking to provide positive opportunities for success for those now drawn to gangs. That success might be academic and economic, but also must include community success, for the gang on its most basic level represents a search for membership in something bigger than oneself: a family, a community.

Senator Ortiz y Pino can be reached at jortizyp@msn.com