MS-13

Published for NC Criminal Law on April 28, 2010.

The Fourth Circuit decided a case recently involving members of MS-13. The case involves an interesting Confrontation Clause issue regarding the use of gang experts, which I'll mention at the end of this post, but I thought that the description of the gang itself was compelling enough to warrant a post: La Mara Salvatrucha, otherwise known as MS-13, is one of the largest and most violent street gangs in the United States. The gang originated in Los Angeles, California in the 1980s. Since then, it has spread across the country and into foreign countries such as El Salvador, Honduras, and Mexico. Today, it has a large presence in the eastern United States . . . . Violence defines MS-13’s mission. The gang initiates its members through violence: existing members beat up the new members for a period of thirteen seconds. This ritual is meant to signify the beginning of a new, more brutal lifestyle. Once initiated, MS-13 members commit violent acts to defend the gang’s territory against its rivals and to spread fear so that citizens do not report the gang’s activities to the police. In fact, gang members are required to attack and, if possible, kill rival gang members whenever they see them. MS-13 members gain status within the gang through their willingness and ability to commit such violent acts. The gang maintains internal discipline through the use of violence as well. Members who do not follow the rules are routinely beaten, and those who cooperate with the police face [...]