Abstract
"It is not so simply because 'an expert says it is so.'" 1 "If ... an expert who was well qualified as an astronomer offered to testify based on lengthy and careful observation that the sun revolves around the earth, a court would not be obliged to submit the testimony to the jury." 2 The recent focus on crime and crime control has encouraged the criminal justice system to consider nontraditional models to address the activities of criminal street gangs. Today's most fashionable weapon is the civil gang injunction. While hailed as an effective crime control measure by proponents, 3 injunctions have raised Constitutional concerns. 4 This Article begins with a brief history of criminal street gangs and the traditional responses of the criminal justice system. Then, after a cursory review of the history of gang injunctions and the important procedural aspects of their use, the focus of the Article will narrow to one aspect raised by the injunctions - the reliability of gang expert testimony regarding membership in criminal street gangs. I. The History of Criminal Street Gangs Contemporary youth street gangs have a complex, intriguing history. 5 In the 1920s, street gangs were apparent in urban areas across the United States. 6 Some of these groups, like modern street gangs, were involved in numerous illegal activities. 7 Others were a function of the social conditions in poor ethnic neighborhoods. 8 In the 1950s and 1960s, gangs were conspicuous in New York, Boston, ...