California, United States of America
The following excerpt is from People v. Santana, G054592 (Cal. App. 2018):
What distinguishes criminal street gangs from other criminal groups is their reliance on a pattern of signature crimes for the purpose of promoting the gang's criminal reputation. Criminal street gangs commit crimes not only for money, but also to instill fear the community. "When community members fear a gang, they are reluctant to report crime or to testify against gang members." (People v. Vega (2013) 214 Cal.App.4th 286, 290.) Fear is instilled in the community through the commission of violent acts. (Ibid.) It is this "state of crisis," resulting from the "clear and present danger" posed by criminal street gangs that forms the basis for imposing section 12022.53, subdivision (d)'s 25 years to life term on aiders and abettors when the crime was committed for the benefit of a criminal street gang and another principal discharges a firearm causing GBI or death. Aiders and abettors who do not commit their offense for the benefit of a criminal street gang do not pose the same danger to the public.
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