Anti-Gang Law Rarely Used

Carter F. Smith . . . said it’s not surprising that enhanced penalties for gang members have been used sparingly in Tennessee. Politicians often propose stricter penalties for gun crimes, gang offenses and hate crimes. The laws might sound good to the public, but in reality, the statutes are rarely used by prosecutors, Smith said. “Most enhancement penalties are political responses to an outcry from the public,” Smith said. “They are a huge waste of time.” Smith said law enforcement could use existing conspiracy laws to crack down on gang activity, noting that the Racketeer Influenced and Corrupt Organizations Act was one of the few successful examples of enhancement penalties. The federal law commonly referred to as RICO provides stiffer penalties for acts performed as part of an ongoing criminal organization.