Guilt By Association: Proposition 21\u27s Gang Conspiracy Law Will Increase Youth. Violence in California

In March 2000, Proposition 21 enacted two revisions to the California Penal Code that dramatically altered the identification and punishment of fringe-offenders. First, a defendant need not be a member to be charged as an active participant in a gang. Second, and most importantly, Proposition 21 enacted a conspiracy law allowing gang participants to be charged as co-conspirators for any crime a fellow gang member commits. Under this newly created conspiracy theory, a juvenile may now be sentenced for a gang-related crime in which he did not participate