Slash, Shoot, Kill: Gang Recruitment of Children and the Penalties Gangs Face

• Author: Giuseppe A. Finelli
• Published date: 01 April 2019
• DOI: http://doi.org/10.1111/fcre.12407
• Date: 01 April 2019

STUDENT NOTES

SLASH, SHOOT, KILL: GANG RECRUITMENT OF CHILDREN AND

THE PENALTIES GANGS FACE

Giuseppe A. Finelli

Criminal street gang recruitment of minors has proliferated through countless communities in the United States as tensions

continue to rise between gangs, communities, and the police. In response, many state legislatures have proposed legislation

to combat such influence. However, not only are the proposed penalties too lenient, but some states do not even have laws

that prosecute criminal street gang recruitment of minors. This note proposes that all 50 states enact an anti–gang recruitment

statute specifically targeting recruiters of criminal street gangs by criminalizing gang recruitment of a minor.

Key Points for the Family Court Community:

Approximately 1.4 million active gang members make up 33,000 gangs nationwide.

Approximately 400,000 juveniles from ages 5 to 17 join gangs annually.

In 15 states, juvenile gang members were responsible for the majority of the state’s crimes.

Juveniles are vulnerable to coercion and join criminal street gangs for a variety of reasons, such as protection and a

sense of family.

Federal prosecutors trying criminal groups most often use conspiracy and racketeering statutes in tandem to deter

gangs from committing crimes. However, neither of these statutes address the liability adults face using juveniles in

gangs.

Keywords: anti-gang statute; Chicago; Constitution; criminal street gangs; gang recruitment; gang recruitment of minors;

minor; MS-13; New York;street gang.

I. INTRODUCTION

At the age of 8 years young, Robert “Yummy”Sandifer was recruited to the Black Disciples

gang in the South Side of Chicago.

1

By the time he reached age 11, Yummy was arrested at least

six times for crimes ranging from grand theft auto to arson.

2

On August 28, 1994, Yummy shot

three teens, 17-year-old Sammy Seay, 16-year-old Kianta Britton, and 14-year-old Shavon Dean;

Dean later died due to complications resulting from gunshot wounds.

3

In response to the murder,

investigating officer Sergeant Ronald Palmer stated, “He may not even be aware of the gravity of

what he did …[I]n this ongoing cycle of gang violence, he might be getting orders from someone

higher up in the gang. The word on the street is this may be a gang initiation.”

4

On September 1, 1994, Yummy was found dead under a viaduct, shot in the head twice.

5

His

killers were not only members of the same gang, but they were also children.

6

Cragg Hardaway,

16 years old, and his 14-year-old brother Derrick Hardaway were charged and convicted of first-

degree murder.

7

Derrick and Cragg are currently serving 45- and 60-year sentences, respectively,

for their participation in Yummy’s murder, while the manipulative, older, and arguably wiser gang

leaders responsible for recruiting such youths roam free.

8

According to the 2011 National Gang Threat Assessment conducted by the FBI, approximately

1.4 million active gang members contribute to 33,000 gangs nationally.

9

Moreover, a 2015 study by

Corresponding: GFinelli1@pride.hofstra.edu

FAMILY COURT REVIEW, Vol. 57 No. 2, April 2019 243–257

© 2019 Association of Family and Conciliation Courts