Ep 477 Bandido Charged with Gang Enhancement/What is a Gang Enhancement Charge

PHOENIX (AP) — The Arizona Supreme Court ruled Tuesday that a state law that creates harsher sentences for people who threaten others only because they associate with or belong to a gang is unconstitutional.

The unanimous decision said the law violates the U.S. Constitution’s due process clause because it enhances criminal penalties even if gang membership is not involved in the underlying crime

That is guilt by association, which is forbidden by the Constitution, Justice John Lopez wrote.

The case involved a man charged with intimidating or threatening in two different cases — one where he allegedly threatened a store clerk and the second where he threatened a police officer called to his house after a dispute with his father.

--- Send in a voice message: https://anchor.fm/motorcyclemadhouse/message Support this podcast: https://anchor.fm/motorcyclemadhouse/support