Motorcycle Club Activities And The Response By Law Enforcement - Research Paper Example

?Running Head: CRIMINAL JUSTICE Motorcycle club activities and the response by law enforcement The existence of motorcycle gangs in the United States is not only a national problem, but a worldwide issue. Law enforcement is near impotent in their efforts to control the growth and power of the MCs, their chapters stretching into international forums as well as growing through relationships within the prison system. Although RICO has been one method of dealing with the organized nature of the clubs, the effectiveness to date has not been encouraging. The American myth of the outlaw motorcycle gang is still a living and thriving entity that had yet to be controlled by law or authority. Motorcycle club activities and the response by law enforcement One of the iconic images of the 1960s was the idea of the motorcycle club, glamourized by films and supported by the almost mythical existence of the Hell’s Angels which was commonly known across the United States. While the emergence of street gangs has overwhelmed the urban legends of the motorcycle gang activities, eclipsing the romance of the open road with the romance of the gritty streets of the city, motorcycle gangs are still in existence and are tied both to street activities and prison gang activities. The primary business of MCs or motorcycle clubs is that of the drug trade, although with their ties to organized crime they have their hands in quite a bit of illegal activity. The flesh trade is another popular form of enterprise for the MCs as it became a natural extension of the hedonistic lifestyle embraced. Illegal activities occur through complex and extensive relationships with other forms of organized crime and with networks of chapters and clubs that support the criminal businesses that they run. The MCs are powerful with a strong organized culture in which the hierarchy and the military style authority with which they operate provides both security for the members and a strict code of behaviors with violent consequences when violated. Law enforcement on the local level has the problem of handling the club while federal authorities are freer to act more aggressively towards taking apart the organizations, but to date other than disassembling portions of the club, a bit at a time; they have not been able to take down the system. Biker Culture According to Nichols (2010) “Any time society breeds a nation of sheep – when people grow to lazy or meek or subservient to power – a few wolves emerge to attack these weaknesses and keep the human herd strong” (p. 62). The biker culture emerged, primarily in the aftermath of World War II, although the official beginning was in 1935 (Birzer, 2011). Men who had been in the war came home to a world in which they were now disenfranchised. Although the economy was booming, the soldiers were suffering from the same feelings of displacement that most veterans of war experience. In reaction to both the economy that was emerging in a new society that had no place to them and the need for the return to the social structure and brotherhood of the armed forces, the creation of ‘clubs’ to provide for these men became the result. If one looks at the nature of the membership, they have a uniform, earn patches for performance which gives them honor, and have a structured hierarchy (Nichols, 2010). Another important element to membership is that the bike that is owned must be of American manufacture, thus the clubs, although outlaw show a sense of pride for their nation (Birzer, 2011). While the origins of the original comment that began the idea of the ‘one percenter’ is lost to history, the comment that created this outlaw ideal was based upon a quote that stated that 99% of all bikers were law abiding citizens (Joans, 2001). From this comment was born the elite, those bikers who lived the myth of the outlaw biker, wreaking havoc on the world and living a life of relentless hedonism. Sonny Barger of the Hell’s Angels began the tradition in the 1960s of adding the ‘one percenter’ patch to his jacket as a symbol of this outlaw status (Joans 2001). The outlaw biker myth is romantic, but the truth is that those wearing the ‘one percenter’ patch that developed from the idea of the myth consider themselves to be the worst, their violent and illegal activities qualifying them as the outlaws they intend by their lifestyle. The MC is a unique culture in which men come together through love and mutual support. While this connectivity seems a good thing, the result is that the insular nature of the club creates a dehumanization of those outside of the club, allowing for violence, debauchery, and victimization to be a part of how outsiders are treated. The origin of the idea of the outlaw motorcycle club was as a description of those clubs not registered with the American Motorcycle Association. Registered clubs are invited to official events and are a part of a wide community. The ‘one percenters’ often are not a part of this community. The nature of the culture of the ‘one percenter’ club is to defy society and to create as big a shock as can possibly be created in order to declare their anti-establishment stance on society. Things that are considered socially shocking are a part of the traditions of the club, one example being the tradition of kissing each other in open mouth kisses as a show of brotherhood and love. While traditionally men do not kiss in this manner, this show of intimacy declares to the world that they are closer to each other than to anyone else in their sphere (Nichols, 2010). While women are a central part of the MC, they are never a part of it and are treated like objects. Women have a hierarchy in which they function. There are three primary groups of women that are associated with the club: sweetbutts, mamas and old ladies. Mamas are the lowest type of female role, these women sexually available to all the members of the club at will and in exchange for a virtual type of slavery that they live within they are given shelter and protection. Sweetbutts most often belong to a biker and is used as a sex worker in order to generate income for the male. She might work as a prostitute, as a saloon style sex worker, an exotic dancer, or a pornography actress. Her funds go to the male and she is not sexually protected by him, available to other members of the gang. Old ladies belong to a specific member, usually are not shared. She would be the primary female in a biker’s life, not equal, but a relationship would likely be involved in this arrangement, sometimes even leading to marriage (Barker, 2007). Biker culture is a male exclusive culture that also defines its membership by ethnicity and geography. Time has not changed these principles. The majority of the original MCs were comprised of white males, their charters disallowing the inclusion of other races into their groups. Groups have emerged with other ethnicities as the focal demographic, however, thus creating rivalries that are based upon both criminal territory and ethnic prejudices (Nichols, 2010). The culture of the MC is strict, structured, and geared towards hedonism and making money. Although they never seem like they have a great deal of money, it is flowing freely because of the criminal trades that they choose to work. Hunter S. Thompson studied the Hell’s Angels and wrote about the club, although much of what he wrote has been refuted by the hierarchy of the MC. According to writings by Thompson as reported by Hendley (2010), which also includes his own investigations, the MC member has a definitive profile that is both cultural and designed by the club. A member must be at least 20 years old before the process to bring them in begins, must be of white, Asian, or Hispanic descent, and he must ride an American made motorcycle. These structures are written in their rules. According to Hendley (2010), Thompson wrote “The vast majority of motorcycle outlaws are uneducated, unskilled men between the 20 and 30, and most have no credentials except for a police record” (p. 95). One of the more common beliefs about the club is that they were involved repeatedly in gang rapes, endorsing their subjugation of women and the culture of subservience. The Hell’s Angel MC has been the most powerful MC in the world and is also known as one of the more brutal. Although urban myth sometimes puts the Hell’s Angels MC as a past entity, as recently as the 1990’s they recruited in Arizona which until that time was without a Hell’s Angels presence and made associations with smaller clubs so that they could ‘patch them over’, an event where members serve the larger organization in order to gain entry into that gang (Hendley, 2010). The HAMC began in southern California, their group spreading across the United States. Hell’s Angels established their first group in the east in 1967 with a charter in Lowell Massachusetts. New Zealand was the location of their first international chapter, rising in 1961 (Hendley, 2010). While it seems an antiquated group with a powerful past that has slipped into history, the truth is that the outlaw motorcycle club is alive and well, operating strong organized criminal activities that crosses state and national boundaries. Active Clubs Although it might seem that the MC is a thing of the past, outlaw motorcycle gangs that had their beginnings in the 1940s are still in existence, as well as gangs that emerged in the 1960s in the aftermath of the Vietnam Conflict. Moreover, the idea of the MC spread across the world with chapters of the various MCs opening across the world making this an international problem. There is an estimated 375 outlaw biker clubs operating in the United States with at least 100 operating independently outside of the United States. Smaller clubs will affiliate themselves with the larger clubs and clubs will split off into geographical chapters in order to operate their criminal activities efficiently (Bizer, 2011). The International Outlaw Motorcycle Gang Investigators Association keeps track of all the activities, to the best of their abilities, in order to assert some control over the type of activities that the clubs operate. Despite the high mobility of an MC, gangs have what they call a ‘100 mile’ rule in which no one can operate within 100 miles of their territory. Territory is very important to the MC. The reasons that clubs resort to criminal behavior is based upon economic need, their lifestyle not attuned to employment outside of the club. Thus, they resort to activities that they can control in the environment that they have established. One of the most common commodities for MCs is methamphetamine. Because the Mexican market has overtaken much of the United States for the drug, many gangs, such as the Bandidos (not a Mexican gang) and the Mongols have created alliances with the Mexican crews in order to maintain their hand in the business. Other clubs form alliances with other international groups in order to protect their trade and increase their profits. Gangs that are currently operating within the United States include Hell’s Angels, Outlaws, Bandidos, Pagans, and Sons of Silence (Birzer, 2011). Europol has determined that there is activity in Europe by groups that are extensions of primarily Hell’s Angels, the Outlaws, and the Bandidos. The primary criminal activities of these gangs include drugs, stolen vehicle trafficking, and the exploitation of the sex trades. Firearms are also a commodity for their criminal activity (Barker, 2007). The activities of the gangs are most often accomplished through international alliances and associations making it a worldwide problem and placing much of the activity in Federal jurisdiction. Managing the activities of the clubs, however, is often left to the local authorities, creating a strain between the law and keeping the peace. Response to Motorcycle Gang Activity Violence is used to intimidate law enforcement to the point that a relationship is usually formed in order to keep the peace. This is a common tradition in the United States as well where in order to be secure and safe, the MC will strike a deal with law enforcement that protects their territory from harm in exchange for indulgences for their business dealings. The threat of violence is the lubricant for these deals, allowing for the lessor of two evils to rule the day (Joans, 2001). Communities with strong, active clubs are often kept in peace with most of the activity located out of the community that falls under the club’s protection. Violence, in order to maintain a ‘cold war’ between clubs where a set of agreed upon unwritten rules of protection are concerned, usually takes place in a neutral area or in surgical strikes. Without these types of control, the club would not be able to maintain its businesses, nor keep the tenuous relationship with local law enforcement. Federal law enforcement has the luxury of being far more aggressive. While the local authorities have to do what is necessary to protect the daily lives of their citizens, federal authority represent the nation and retribution is unlikely to fall on the local citizenry. Infiltration has been one of the common methods of working towards taking the organization of the clubs apart. The relationship between the movements of the federal government against the clubs and the clubs’ abilities to outwit the authorities is gained through intelligence gathering on the part of the clubs in order to weed out and manage the aggression from federal authorities. According to Schneider (2009) a gang called Satan’s Choice in Canada was able to repeatedly avoid issues with their government authorities because their intelligence gathering network was powerful enough to keep them apprised of law enforcement movements against them. In 2002 four individuals were discovered selling information out of the Quebec police department to members of the Hell’s Angels who were then publically called out for having recruited members of the department to serve as their eyes and ears. These recruitments were not solely based upon payment, but under threats made against family members of those who chose to spy for them, placing them in a difficult and dangerous situation. No charges were filed against the gang, however, and the issue continues to be a problem across the world (Schneider, 2009). Federal RICO statutes are the primary tool with which the clubs are put under scrutiny. The Racketeer Influenced and Corrupt Organizations Act, enacted in 1970, empowers the law to arrest members of a gang as a part of an ongoing criminal enterprise. Proof is needed only that a crime was committed by members of the organization, not that the individuals who belong to the gang committed the crime. The penalties under RICO are far more severe than state penalties for breaking the law. However, an ethical consideration for RICO is that it is guilt by association (Kinnear, 2009). Using this statute requires that the government consider that membership in the gang is more important than the right to have membership in the gang as they investigate crimes that are filed under RICO. The morality is justified when organizations are shut down and larger criminal activity has ended. The problem of the MC would seem to be far simpler to solve than it has turned out. Motorcycle gangs, unlike most other forms of organized crime, ride in large packs, their motorcycles and bold emblems on their back announcing their affiliations and providing clear information to law enforcement as to who belongs to these groups. Violence occurs in plain sight of law enforcement, often in large altercations that are well documented. As an example, in Laughlin, Nevada in 2002 the Hell’s Angels and the Mongols got into an altercation which involved hundreds of members and ended with three deaths and at least a dozen injured. The altercation happened in full view of the public with security cameras near to capture the event. This was done fearlessly without concern for the consequences. The threat and vulnerabilities of their members against the opposing MC was more important than any consequences their actions would bring through law enforcement. The honor and the safety of the club came first for both sides (Hendley, 2010). Consequences of Law Enforcement One of the unintended consequences of law enforcement efforts has been the increase in intelligence networks throughout the system, leaving people vulnerable through threats to themselves and their families to cooperate and break the law on behalf of the MCs. As well, in creating associations with these clubs on a local level, the MCs and their illegal activities enjoy a sort of indulgence that few organizations enjoy. Because they are loyal to territory, MCs have a relationship with the people in the area and have preferential treatment outside of the law. As the law has encroached, the MCs have tightened their organizations becoming “elite fighting units, in which the slightest insult or assault is followed by massive retaliation by all available members” (Hendley, 2010, p. 94). The harder law enforcement comes after the clubs, the tighter they become in their organization and structure. Next to the powerful prison gangs that operate across the nation, Motorcycle gangs are the second most powerful criminal organization of interest to the FBI. The problem has been that because they have been of secondary concern, they have arisen in power in the last decade as federal authorities have focused on street gangs and illegal drugs. While the focus has been on urban gangs, the MCs have become increasingly powerful and are now operating at a level that is almost impenetrable (Eterno & Das, 2011). Because of a belief that the motorcycle gangs were really a thing of the past, most members having aged out and a romantic nostalgia taking the place of the real threat, the MCs have been operating almost unchecked, creating such a strong network of activities that the eyes of the authorities have had to recently turn back to their enterprises due to international pressures (Eterno & Das, 2011). The gangs also have ties to prison gangs, thus creating an even stronger network. One of the consequences of incarcerating MC members is that they then have access to other members of gangs, forming bonds and increasing their affiliations. The Aryan Brotherhood, the most powerful prison gang in the United States with members both in and out of prison and strong networks for criminal activities is associated with several MCs, their businesses intersecting and being reinforced through associations inside the prison walls (Barker, 2007). Although the effort to incarcerate members for illegal activities is intended to take them out of the organization, the result is often that they end up back in the middle of the organization as relationships inside and outside the prison are formed and increases in business occur. Conclusion There is a romance to the existence of the MC, the vision of the outlaw biker evokes the American spirit of freedom and independence that is a core belief within our nation. The truth about the ‘one percenters’ is that they are brutal and criminal, devaluing women and promoting a sense of prejudice that is outside of the good of society. The criminal pursuits of the MCs harm the victims of those activities, creating more damage to a society that is struggling to rise above a crime ridden world. To date, law enforcement has had minimal success in making a dent in the criminal activities of the MCs, their efforts creating opportunities as well as strengthening the bonds and structures under which the MCs operate. Although the ethical dilemmas involved in trying to break the criminal activities support the idea of taking apart these groups, the belief systems of the MCs are so powerful that trying to break down these cultures has proven near impossible. Although it was hoped that time would take apart the MCs, there has been no shortage of disenfranchised young men to fill the spaces left behind by those who have departed. The primary tool of the FBI in investigating the MCs is infiltration with RICO being the primary statute under which arrests are made and an attempt to break the clubs is made. Through these tools the federal authorities try to do what local authorities cannot seem to accomplish. Because of the brutality of the MCs, the local authorities are in binds to find a way to keep peace and take apart the clubs. It is through federal authority that hope rests, but to date this has not been successfully accomplished. The clubs continue to grow and spread, their anti-social culture and prejudicial foundations a blight on the world. References Barker, T. (2007). Biker gangs and organized crime. Newark, NJ: LexisNexis Matthew Bender. Birzer, M. (2011). Introduction to criminal investigation. New York: CRC Press. Eterno, J., & Das, D. K. (2011). Police practices in global perspective. Lanham, MD: Rowman & Littlefield Publishers. Hendley, N. (2010). American gangsters, then and now: An encyclopedia. Santa Barbara, Calif: ABC-CLIO. Joans, B. (2001). Bike lust: Harleys, women, and American society. Madison: University of Wisconsin Press. Kinnear, K. L. (2009). Gangs: A reference handbook. Santa Barbara, Calif: ABC-CLIO. Nichols, D. (2010). One percenter: The legend of the outlaw biker. St. Paul, Minn: Motorbooks International. Schneider, S. (2009). Iced: The story of organized crime in Canada. Mississauga, Ont: Wiley. Read More