Participants were asked to address specific aspects of victimization unique to gang-related crime; that is, characteristics that are different from victims and witnesses of other types of crime. Their responses included the following:

• Victims and witnesses generally live with and/or among the perpetrators of their crimes, similar to domestic violence victims: Victims and witnesses frequently face the entire gang, as opposed to a sole perpetrator, even at the funeral of their murdered family member. As a result, victims and witnesses are often intimidated into not cooperating with the criminal justice system and are fearful of retaliation if they do. In some communities, such as in many places in Indian Country, gang affiliation threatens the entire extended family system because it transcends both familial and clan boundaries. This intra-tribal violence, pitting family and clan members against one another, offers complex challenges that require innovative responses.

• Victims and survivors are often seen as contributors to the crime: Many victims and survivors confront a lack of sympathy and services from the criminal justice system because they are seen as having contributed to the crime in some way. This is particularly true for surviving family members of murdered children, some of whom were members of gangs. The perception of "contribution" leads some victim compensation programs to deny funds to victims and survivors of gang violence. Victims who have no gang affiliation, but happen to live in the same geographic proximity or are from the same racial or ethnic group as certain gangs, complain of bias in treatment by medical and criminal justice personnel, service providers, and the community-at-large. Victim blaming is considerable with frequent questions being asked, for instance, "Why didn't you just move away from your gang-infested neighborhood?" or "Why was your child out, and why don't you control that child?"

• Victims are frequently afraid or unable to exercise victims' rights: Because of intimidation, fear of retaliation, or due to poverty or culture, many victims of gang violence do not exercise their rights, which often include the right to be notified, attend, and be heard at court proceedings; to be informed when the defendant is released or escapes; and to receive restitution. Safety and protection issues for victims are a serious concern, especially in more remote, rural areas, and are exacerbated on reservations where distinct boundaries and very limited resources make it nearly impossible to attain anonymity without leaving the reservation.

• Victims are sometimes fearful of seeking or receiving restitution because a convicted gang member whose sentence includes restitution may use this as a further reason to intimidate or retaliate against the victim.

• Although some state victims' bills of rights indicate that victims will be provided with reasonable protection, prosecutors lack funding for relocating victims and witnesses of gang violence, so in reality this right does not exist.

• Some victims are indigent and cannot afford transportation to court to exercise their right to be present.

• Some gang violence victims do not speak English and do not understand their rights or the offender's status because this information is conveyed only in English.

• Victims of gang violence may be affected by cultural norms and mores that include a general distrust of government, and hence they may not access, or even be aware of, available services or participate in any way within the criminal justice system.

• Fear, both because of direct threats or retaliation and because of gang dominance of a neighborhood.

• Neighborhood cultures that discourage being a snitch.

• Involvement of the victim or witness in gang activity. Gang cases are often characterized by the rotating status of victim, witness, and defendant.

B. Issues Relevant to Race and Culture

"Gangs emerge from specific, diverse cultures." This statement by a Planning Group member initiated an in-depth discussion about cultural and racial issues that are crucial to understand when dealing with victims of gang violence, including:

• Victims are often judged because of their race and culture. The question may be asked by criminal justice personnel: "Are they really deserving of victims' services and rights?"

• Children of color are often viewed only as perpetrators.

• Contributory issues are significant with victims of color. Assumptions about a victim's gang affiliation tend to increase for a person of color.

• Victims who are frustrated with and/or angry at the criminal justice system response are less likely to want or access services.

• Victims of hate crimes are generally viewed with more sympathy than victims of gang violence.

• Victims of gang violence who are also recent immigrants are often afraid of the criminal justice system and government agencies. In many countries, law enforcement officials are seen as corrupt and not helpful, an image immigrants may retain. Such victims need specialized services, recognizing not only differences in language but also dialect. For these victims and witnesses, blackmail such as the threat to turn them over to the Immigration and Naturalization Service (INS) is often a component of the intimidation.

Planning Group participants identified several factors that contribute to gang involvement:

• Youth may gravitate to gang "families" to compensate for feelings of isolation created by their cultural or racial differences. Gangs are viewed by members as providing support and a sense of security.

• Communities lack alternative means to provide security and support, especially to youths.

• Some gangs are multigenerational and an expected lifestyle of parents and children.

• There is little support for parents who want to protect their children and prevent them from entering into gang lifestyles.

• For a sense of belonging like a family: 62 percent.

• They are afraid and want a gang's protection: 16 percent.

• They are pressured to join: 8 percent.

• They are troublemakers: 5 percent.

• Combination of these reasons: 7 percent.

• Don't know: 2 percent.