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43 Seton Hall L. Rev. 1283 (2013)
Combating Gang-Perpetuated Witness Intimidation with Forfeiture by Wrongdoing

handle is hein.journals/shlr43 and id is 1327 raw text is: COMBATING GANG-PERPETRATED WITNESS INTIMIDATION WITH FORFEITuRE BY WRONGDOING By: Katie M. McDonough* [Tihe Constitution does not guarantee an accused person against the legitimate consequences of his own wrongful acts.' INTRODUCTION Gangs are an extreme threat to the communities in which they operate and to the criminal justice system. Central to gang culture is strong loyalty among gang members coupled with no snitching policies enforced through intimidation and retaliation. Witnesses to crime, gang members who have knowledge of misdeeds, and even entire neighborhoods are fearful about cooperating with law enforcement in gang-controlled communities.4 The risk nin by cooperating with law enforcement is real: many witnesses are attacked or killed, and residents in gang-controlled communities who report crimes to law enforcement face the prospect of retaliatory crimes against their person, property, and family members.' Criminal gangs benefit from enforcing no snitching policies with intimidation and retribution. Successful witness intimidation or murder renders a witness unavailable, which means that the witness's information is likely to be inadmissible in court. This often forces prosecutors to delay trial, reduce charges, or drop cases altogether, bringing the wheels of justice to a grinding halt. The common law doctrine of * Katie M. McDonough, J.D., 2013, Seton Hall University School of Law; B.A., 2008, College of the Holy Cross. With gratitude to my advisor, Professor D. Michael Risinger, for his encouragement; debts owed to the editors of the Seton Hall Law Review for their talent; and appreciation to my husband, Michael G. McDonough, for his support. Reynolds v. United States, 98 U.S. 145, 158 (1878). See Part I infra. 3 Id. 4 Id. Id. 6 Id. 7 FED. R. EVID. 802 (restyled). 8 See infra note 100 and accompanying text. 1283

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