Thursday, May 28, 2009

Facts of the Case

On December 9th, 1998 The U.S. Supreme Court began to hear the case of Chicago V. Morales, which addressed Chicago’s Gang Congregation Ordinance. This is a case where the Supreme Court had to rule on Chicago’s loitering ordinance targeted towards gang members. According to Dictionary.com loitering means: to linger aimlessly or as if aimless in or about a place. http://dictionary.reference.com/browse/loitering apparent purpose seems to be the undercurrent of the case. The ordinance goal was to prohibit gang members from loitering in public places showing or displaying no apparent purpose. A police officer using his or her discretion could order a group of two or more people to disperse, claiming that the individuals were loitering, even if one of the people is a non-gang member, and there was nothing these people could do. Anyone not complying promptly with the ordinance is in violation. The police department trying to avoid profiling only allowed certain officers to actually do the arresting, nonetheless; establishing a detailed criteria for defining street gangs. “The Supreme Court affirmed, holding that the ordinance violated due process in that is impressibly vague on its face and arbitrary restriction on personal liberties." (Chicago v. Morales, 1999).

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