Gang, Prosecution: The Grand Jury Investigation‪.‬

MANY FEDERAL AND STATE PROSECUTORS throughout the nation have attacked the gang problem through the use of grand jury investigations. This article offers prosecutors who have never used the grand jury process for long-term investigations thoughts on the methodology to employ in approaching gang cases. The following offers an approach to prosecuting a gang case for the substantive and conspiratorial crimes committed by its members in furtherance of the gang's objectives. It does not address investigations pursuant to RICO, the Hobbs Act or Continuing Criminal Enterprises. A grand jury serves several purposes: to investigate criminal activity; to hear testimony regarding that criminal activity; and to return indictments charging the perpetrators of that criminal activity. It is the job of the prosecutor to educate the grand jurors about the existing gang problem in a jurisdiction and to present sufficient evidence to establish probable cause that a crime has been committed such that indictments can be returned against the perpetrators.