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PROSECUTING GANG HOMICIDES

NCJ Number
148383
Author(s)
M Genelin; L Naiman
Date Published
1988
Length
23 pages
Annotation
This training monograph prepared by the Los Angeles County District Attorney's Office describes techniques in the filing of gang cases and the prosecution of gang members, using the homicide case as a model.
Abstract
Topics discussed in the section on case filing are the expertise of the investigating officers, prefiling interviews, search warrants, and witness protection. Some principles emphasized are the importance of using a gang- trained officer for the investigation, planning a backup strategy in the event that a gang witness recants prior statements or testimony, and prosecutorial involvement in the framing of search warrants. In the section on voir dire, the monograph advises that this is the time not only to identify prospective juror prejudices, but also to educate prospective jurors about gang behavior and rituals. If a prospective juror lives in the area where the gang operates, the prosecutor should determine whether the gang frightens or angers the prospective juror. Also determine whether a prospective juror is related to a gang member or may have been a gang member. This can be a positive factor in the prosecution, since such persons can educate naive jurors about gang problems and processes. The section on expert witnesses advises that a qualified expert can testify about such matters as gang membership, rivalry, common practices, terminology, street codes of conduct, and types of crimes unique to a particular gang or gang crime. Other subjects discussed in major sections of the monograph are bail, witness protection, court intimidation by gang members, dealing with recalcitrant witnesses, dealing with informants, proving the gang's guilt, and the closing argument.