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A criminal defendant’s membership to a criminal street gang is a key component of motivation to commit an alleged crime. Many states have Gang Enhancement laws that enhance the sentence of a defendant if the trier of fact finds the defendant acted on behalf of their criminal street gang membership. In other instances, the tier of fact may need to be educated on the motive, means, and opportunity the defendant had to commit the alleged crime due to their gang membership, in order to find them guilty of the underlying crime beyond a reasonable doubt. Taking time to highlight critical gang characteristics, behavior, and identifiers that street gangs across the country have in common with your defendant’s gang, will be a key component the trier of fact will need to be educated on.
The intent of this course is to prepare investigators on the steps needed to organize their gang investigation evidence for criminal prosecution, convince a judge to qualify them as a gang expert, and how to properly present their gang evidence in the courtroom while navigating the rules of evidence. This course will provide the investigator and pros.
Prosecuting attorney step-by-step examples on how to describe the defendant’s street gang racketeering activity while displaying evidence exhibits that validate the existence of the criminal enterprise.
Course Objectives
Information contained in this syllabus was, to the best knowledge of the instructor, considered correct and complete when distributed for use. The instructor reserves the right, acting in accordance with any standing departmental policies, to make changes in course content or instruction techniques without notice or obligation.
REQUIRED EQUIPMENTIdentification, Notebook, and a pen/pencil.
a. Gang Enhancement statue
b. Motive
c. Enterprise and Racketeering
d. Who Should be your Gang Expert?
5. Rules of Evidence –
a. Relevant Foundation of Evidence
b. Prior Bad Acts & Character Evidence
c. Curriculum Vitae
6. Courtroom Presentation Phase 1
a. Introduction of your gang investigation experience to the judge.
7. Courtroom Presentation Phase 2
a. How to describe general gang characteristics.
i. Traditional & Hybrid Gangs
ii. Signs, Symbols, and Team Identifiers
iii. Concept of Respect & Violence
iv. But for the Gang - Motive, Means, & Opportunity.
8. Courtroom Presentation Phase 3
a. The Defendant’s Gang
i. How to describe the teams Racketeering Activity over a period of time.
ii. Outside influences.
iii. Physical Evidence you have collected to prove the gang exist.
iv. Presentation of Exhibits of physical gang evidence.
9. Courtroom Presentation Phase 4
a. Describing evidence about the defendant.