Wisdom Through Face Paint: Documentary examines Juggalo gang allegations by DOJ

“Individuals hate what they don’t perceive.” The USA of Madness embodies this mantra, and for those who watch the movie, you’ll hear these clever phrases uttered by a person in clown face paint. However possibly that’s a part of the purpose.

The truth that I felt compelled to touch upon Joseph Bruce and Joseph Utsler’s face paint speaks volumes about how appearances can prejudice. The 2 collectively type the choice hip-hop musical group Insane Clown Posse, often known as ICP. The USA of Madness particulars their combat towards the FBI to forestall the federal government from labeling them and their followers, who name themselves Juggalos, as a legal gang. It’s now streaming on Amazon Prime.

The movie describes Juggalos—feminine followers are Juggalettes—as generally decrease working-class people who present their affection and affinity for the group by portray their faces in an analogous clown model as Bruce and Utsler, who go by the stage names Violent J and Shaggy 2 Dope. Juggalos not solely embrace the hatred so generally directed at ICP’s music, they make it the “soundtrack of their lives,” in keeping with the group.

Many meet on the annual “Gathering of the Juggalos,” shirtless and sporting face paint, together with “hatchetman” tattoos. There’s additionally loads of band merchandise, together with T-shirts and beanies. Their clothes and iconography make them instantly identifiable … after they aren’t hiding it.

If it might probably occur to a Juggalo …

The choice to affiliate is a crucial one for Juggalos. In spite of everything, ICP’s music is just not critically acclaimed, to say the least. In a considerably self-deprecating method, the musicians and their followers appear to champion ICP’s music as being notoriously … dangerous.

Because the movie progresses, varied Juggalos describe the unfairness they’ve acquired for his or her love of ICP’s music. They recount being fired as soon as their employers found their musical allegiance. We hear about individuals being arrested for nonviolent offenses like driving drunk, solely to be positioned within the jail’s gang unit. One fan explains being denied custody of his son as a result of a room in his house homes his ICP memorabilia.

This results in the guts of the movie’s dialogue: How and why has the FBI labeled ICP and their followers a road gang?

“If this occurred to a band that America favored, the nation can be up in arms,” the group notes.

We be taught that the FBI operates from a nationwide definition of what constitutes a road gang, and so they consider ICP suits the invoice. In response to the movie, although, the FBI in reaching that conclusion relied on remoted incidents of legal exercise dedicated by people who establish themselves as Juggalos. I’ve handled the Division of Justice and gangs earlier than, however I’ve by no means had a Juggalo case.

First Modification considerations

The band fights again, with assist from the American Civil Liberties Union. In the end, ICP and a few Juggalos file a federal lawsuit towards the FBI, difficult the company’s designation of the musical group’s followers as a legal gang. After six months, the swimsuit is dismissed by a Detroit federal decide, based mostly on the federal government’s place that the plaintiffs didn’t have standing. They argued that any hurt inflicted upon the followers was inflicted by third events, comparable to native legislation enforcement.

The plaintiffs appealed the choice to the Ohio-based sixth U.S. Circuit Courtroom of Appeals. The movie viewers hears parts of the appellate arguments throughout which authorities attorneys argue that the gang designation is just info the FBI supplies native legislation enforcement businesses to make use of as they see match.

Regardless, the trial court docket’s resolution is reversed, and the case is remanded again.

Upon remand, the federal government once more strikes for a dismissal, and the trial court docket once more grants their movement. The case is appealed as soon as extra; nonetheless, this time the dismissal is sustained. The appellate court docket reasoned that since legislation enforcement isn’t pressured to behave on the FBI’s gang designation, the FBI isn’t accountable underneath the Administrative Process Act.

Undeterred, the Juggalos march on Washington, D.C., on Sept. 16, 2017, full with an ICP live performance on the Lincoln Memorial. They aren’t proud of the ultimate resolution, however they know their combat was on behalf of one thing larger than simply ICP.

In spite of everything, as one of many ACLU attorneys featured within the movie commented, “If the federal government can goal a gaggle of individuals based mostly on their musical tastes, they’ll goal a gaggle of individuals based mostly on something in any respect.”

What’s ‘gang proof,’ and the way does it work?

The USA of Madness ends on a principally constructive be aware: Though the Juggalos misplaced their court docket battle towards the FBI, they raised public concern for his or her trigger whereas shedding mild on some problematic interpretations of what constitutes a “gang.”

As mentioned earlier, the FBI makes use of a nationwide definition with set standards as to when that label is suitable, together with the next:

  • The group has three or extra members, typically aged 12–24.

  • Members share an id, sometimes linked to a reputation, and infrequently different symbols.

  • Members view themselves as a gang, and they’re acknowledged by others as a gang.

  • The group has some permanence and a level of group.

  • The group is concerned in an elevated degree of legal exercise.

Moreover, within the federal legal system, the Violent Crime Management and Regulation Enforcement Act of 1994 created punishment enhancements of as much as 10 years for members of legal road gangs who commit sure crimes.

In my house state of Oklahoma, we now have just a few gang-related statutes. For example, “[a]ny one who makes an attempt or commits a gang-related offense” both as a situation of membership or whereas in affiliation with any gang or gang member “shall be responsible of a felony offense.” That felony is punishable by as much as 5 years along with some other penalty imposed.

Moreover, prosecutors usually attempt to make use of “gang” proof of their circumstances. I’ve seen many supply it as res gestae within the matter, arguing the proof is important to provide the jury a whole understanding of the crime.

Actually, although, it’s often only a bold-faced try to supply propensity proof to prejudice the jury towards the defendant. In that vein, prosecutors will usually consequence to arguing FRCP 404 or the state equal—which permits in any other case prohibited propensity proof—in hopes of proving the proffered gang proof will present motive, alternative, intent, preparation, plan, data, id, absence of mistake or lack of accident.

Don’t get me flawed: Gangs are actual. They are often actually harmful. However as The USA of Madness exhibits, an affiliation with a gaggle, even one the federal government labels as a “gang,” isn’t an individual’s solely defining attribute.

It’s silly to say that each motion they take is in conformity with, mandated by or in furtherance of the group.

Adam R. Banner is the founder and lead lawyer of the Oklahoma Authorized Group, a legal protection legislation agency in Oklahoma Metropolis. His apply focuses solely on state and federal legal protection. He represents the accused towards allegations of intercourse crimes, violent crimes, drug crimes and white-collar crimes.

The examine of legislation isn’t for everybody, but its apply and process appear to permeate popular culture at an growing price. This column is in regards to the intersection of legislation and popular culture in an try and separate the actual from the ridiculous.

This column displays the opinions of the creator and never essentially the views of the ABA Journal—or the American Bar Affiliation.