Prosecuting Gang Cases: What Local Prosecutors Need to Know‪.‬

TRYING A GANG CASE is one of the most difficult undertakings a prosecutor can face. Reluctant witnesses, perjurious testimony, and hostile and intimidating courtroom crowds are but a few of the myriad problems a gang prosecutor can expect in trial. And sadly, we're talking about the prosecutor's own case-in-chief. Indeed, the trademark characteristic of a gang case is the difficult witness. Some witnesses are uncooperative and openly hostile--those community members who fear for their lives and, therefore, actively duck service of process, ignore subpoenas and either refuse to testify or lie on the witness stand. Other witnesses, however, may be cooperative, but extremely unsympathetic because they have been granted leniency or immunity in exchange for testimony. The prosecutor may, therefore, be in the unenviable position of arguing in the same case that the "elderly-neighbor-down-the-street- witness" lied on the stand, and that the "co-conspirator-crook-in-handcuffs-witness" should be believed. On top of all this, the prosecutor is faced with the very real concern of simply keeping these witnesses alive. Moreover, gang cases present unique challenges in terms of explaining motive and complex theories of liability. The gang culture is rife with idiosyncratic mores that define individual gangs and sub-cliques. These customs often define the motive underlying the crime, how the crime is carried out, and the identity of the perpetrator. It becomes incumbent upon the prosecutor to educate the jury about gang culture and habits, and to buttress that explanation with the proper theory of liability, such as conspiracy, aiding and abetting, or vicarious liability.