Home > Journals > Law Review > Vol. 65 (2025) > No. 3 (2025)
Abstract
The prosecution of gang crimes and gang enhancements have historically been a source of racial inequity and disparity within the criminal justice system. In California, this is undoubtedly so, as Hispanic and Black men make up the vast majority of individuals on the CalGang gang database and in California prisons. The state Legislature attempted to address this disparity in gang sentencing by enacting Assembly Bill 333 (AB 333) which redefines what a criminal street gang is under the law. Despite this change, the current language of the bill still falls short of its stated intent and racial disparities continue to plague the system.
Under the framework of AB 333, this Note examines current gang enhancement and sentencing practices by analyzing legislation enacted in response to California's history of gang-related crime, as well as the remedial measures the California Legislature has implemented to address the mass incarceration of people of color. In recognizing the disparate charging of gang crimes, this Note looks at how crimes committed by individuals belonging to white supremacist groups are charged as hate crimes rather than gang crimes, and how this perpetuates inequality in gang sentencing. Finally, this Note proposes that while AB 333 is a start to recognizing the racial disparity in charging gang enhancements, the language of the Bill needs to be amended further in order to fully achieve the California Legislature’s intent to correct the longstanding disparate effect of gang enhancements on communities of color. This proposal would be a step towards greater justice within the criminal system.
Recommended Citation
Chang, Hannah,
Case Note,
A STEP FORWARD OR A STEP BACKWARDS: AN ANALYSIS OF ASSEMBLY BILL 333 AND GANG ENHANCEMENT SENTENCING IN CALIFORNIA,
65 Santa Clara L. Rev.
731
(2025).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol65/iss3/3
