Article Title

Removing the Presumption of Innocence: A Constitutional Analysis of the Ogden Trece Gang Injunction

Authors

Megan K. Baker

Abstract

Gang activity poses a substantial problem in many communities. The city of Ogden, Utah, is home to many gangs, and law enforcement is constantly looking for a way to decrease gang violence. In an attempt to reduce gang violence in Ogden, Judge Ernie Jones issued the Ogden Trece gang injunction on September 27, 2010, in Weber County, Utah. The injunction, based on several similar injunctions in California, affects hundreds of alleged Ogden Trece gang members and spans an area including virtually the entire city of Ogden. The injunction prohibits those enjoined from engaging in various illegal activities as well as many otherwise legal activities.

This Note analyzes the unconstitutionality of the Ogden Trece gang injunction, specifically focusing on three main theories. First, the injunction removes the due process rights of those enjoined. Second, the injunction limits the rights to assemble and associate with family members. Finally, the injunction is overly vague and open to excessive interpretation.

Recommended Citation

Baker, Megan K. (2013) "Removing the Presumption of Innocence: A Constitutional Analysis of the Ogden Trece Gang Injunction," Utah OnLaw: The Utah Law Review Online Supplement: Vol. 2013 , Article 22.
Available at: https://dc.law.utah.edu/onlaw/vol2013/iss1/22