“Individuals hate what they don’t perceive.” The USA of Madness embodies this mantra, and if you happen to watch the movie, you’ll hear these sensible 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, also referred to as ICP. The USA of Madness particulars their struggle in opposition to the FBI to stop 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 identical clown fashion 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 … once they aren’t hiding it.
If it will possibly occur to a Juggalo …
The choice to affiliate is a vital one for Juggalos. In spite of everything, ICP’s music isn’t 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 … unhealthy.
Because the movie progresses, numerous Juggalos describe the unfairness they’ve obtained 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 folks being arrested for nonviolent offenses like driving inebriated, 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 residence 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 avenue gang?
“If this occurred to a band that America favored, the nation could be up in arms,” the group notes.
We be taught that the FBI operates from a nationwide definition of what constitutes a avenue gang, they usually imagine ICP matches the invoice. Based on 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 in opposition to 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, reminiscent of native legislation enforcement.
The plaintiffs appealed the choice to the Ohio-based sixth U.S. Circuit Court docket of Appeals. The movie viewers hears parts of the appellate arguments throughout which authorities attorneys argue that the gang designation is solely data the FBI supplies native legislation enforcement companies 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 beneath 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 pleased with the ultimate resolution, however they know their struggle was on behalf of one thing greater 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 largely optimistic be aware: Though the Juggalos misplaced their court docket battle in opposition to 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, usually linked to a reputation, and sometimes 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 avenue gangs who commit sure crimes.
In my residence state of Oklahoma, we have now a couple of gang-related statutes. As an 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 every other penalty imposed.
Moreover, prosecutors typically attempt to make use of “gang” proof of their circumstances. I’ve seen many provide it as res gestae within the matter, arguing the proof is critical to present the jury a whole understanding of the crime.
Actually, although, it’s normally only a bold-faced try to supply propensity proof to prejudice the jury in opposition to the defendant. In that vein, prosecutors will typically 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, information, id, absence of mistake or lack of accident.
Don’t get me mistaken: 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 Banner
Adam R. Banner is the founder and lead lawyer of the Oklahoma Legal Group, a legal protection legislation agency in Oklahoma Metropolis. His follow focuses solely on state and federal legal protection. He represents the accused in opposition to allegations of intercourse crimes, violent crimes, drug crimes and white-collar crimes.
The examine of legislation isn’t for everybody, but its follow and process appear to permeate popular culture at an growing fee. This column is concerning the intersection of legislation and popular culture in an try to separate the true 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.
