That the list contains people without convictions means that you can be added, and your sentence affected, by things you haven't been proven guilty of: Due Process Fail.
That stuck out like a big sore thumb to me. It's police and prosecutorial misconduct, pure and simple. (I'm appalled that this wasn't brought up until this far down in the discussion.)
Other items, just from the little bit quoted here:
- 'people whom the D.A. considers "uncooperative witnesses,"'
One of the big differences between the US and English systems is that in the US you are NOT REQUIRED to risk your own life to do the police department's work by testifying about what you've seen. (You aren't allowed to lie, but you are allowed to be silent.) The police often can't, or won't, provide you with protection against criminal retaliation for your testimony, at the same time that they block you from obtaining or using the means to protect yourself. Don't want to be a martyr? Just say nothing.
But these guys are turning that principle on its head: If they decide you're an "uncooperative witness", into the database you go, to be harassed and minutely scrutinized from then on, threatened with arrest at any slip-up, treated differently, and far worse, than other citizens. That's selective enforcement at its worst, and denial of civil rights under cover of law.
Then there's "gang members". If some policeman don't happen to like you and the friends you hang out with, they he can define your group as a "gang", regardless of whether you've committed any crime, and treat you and your group as they would big-time repeat offenders. Any bets on whether this gets used against political opponents of the prosecutors' party?