Santa Clara Law Review Volume 30 | Number 3 Article 3 1-1-1990 Gang Evidence: Issues for Criminal Defense Susan L. Burrell Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Susan L. Burrell, Gang Evidence: Issues for Criminal Defense, 30 Santa Clara L. Rev. 739 (1990). Available at: http://digitalcommons.law.scu.edu/lawreview/vol30/iss3/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. GANG EVIDENCE: ISSUES FOR CRIMINAL DEFENSE Susan L. Burrell* It is my belief we don't know a helluva lot about gangs. I don't know what the hell to do about it as a matter of fact. Los Angeles Police Chief Daryl F. Gates' The label "gang-related" has far-reaching ramifications in criminal cases. Gang cases are singled out for investigation and prosecution by special units. At trial, gang affiliation may raise a host of evidentiary problems. At sentencing, evidence of gang membership is sure to affect the court's exercise of discretion. This article will explore the major issues that may arise when gang evidence is presented in a criminal or juve- nile case. The primary focus will be on street gangs, rather than organized crime or prison gangs. I. GANG CASES IN A SOCIETAL CONTEXT Representation of a gang member must begin with an understanding of what gangs are and how society has treated them.