drug-linked firearms cases: primer for prosecutors

1. drug-linked firearms cases: primer for prosecutors Wulff, Paula. “Drug-Linked Firearms Cases: A Primer for Prosecutors,” American Prosecutors Research Institute, May 2005.

2. identifying the problem • “Virtually everyone who deals in drugs or drug money has at least a handgun. Stash houses and laboratories are arsenals.” • America’s Longest Running War

3. linkage of drugs / firearms • 1. firearms protect drug shipments / intimidate witnesses / collect debts / control “turf” / resolve disputes / silence informers / reward informers • 2. protection of drug purchasers • 3. commit crimes to get money for drugs • 4. commit crimes under influence • 5. used as a medium of exchange for drugs / vice versa • 6. trafficked along same routes / same people

4. firearms for protection • 1. protect drugs / money • 2. deals: outside / poor-ly lit areas / little protec-tion • 3. drug arrests spike: • 1 / 15 of month – pay / gov’t checks • tax refund time

5. retaliation • 1. unable to seek relief in court • 2. justice in “court of last resort” • 3. rise quicker in gangs • 4. 33% of inmates under age 25 – used a gun at least once

6. preservation / competition: turf • 1. better weapons discourages competition • 2. timely payment by subordinates / custom-ers • 3. arrested subordina-tes less likely to talk • 4. “keep all people in line”

7. gang involvement • 1. drug money funds gangs • 2. protect “drug income” • 3. protect their “turf” • 4. 33% of gang members carry firearms

8. project “safe neighborhoods” • 1. federal initiative to integrate federal, state & local assets • 2. deter / punish gun crime • 3. allows individual federal / state / local assets to protect their own areas • 4. sharing data • 5. use both existing federal / state

9. state vs. federal prosecution • protocol for prosecuting drug cases federally • 1. state / local police report • 2. criminal records (include juvenile) • 3. personal info / aliases / gang • 4. toxicology / pharmacology • 5. witnesses • 6. photos / video • 7. warrants / search warrants • 8. inventory / chain of custody / evidence

10. practical tips for prosecutors in drug-related firearms cases • 1. chain-of-custody issues: drugs / guns / paraphernalia • 2. confidential informants: protect identify / watch their motives / discovery could jeopar-dize safety • 3. Witness intimidation • 4. using expert witnesses / prosecution / defense

11. voir dire questions for gun-related drug cases • determining juror’s attitude about guns: • 1. what do you think when you hear firearm? • 2. what do you think when you hear weapon? • 3. what do you think when you hear (slang word for gun – rod)? • 4. Do you understand the charges against defendant?

12. voir dire for drug-related gun charges • determine juror’s knowledge of guns • 1. Do you own a firearm(s)? • 2. Did you ever own a firearm? • 3. If so, how many? • 4. If you have or do, what kind is it? • 5. Why did you get rid of it?

13. voir dire for drug-related cases • juror’s knowledge of firearms: • 6. purchase it / gift • 7. why did you purchase it • 8. if for protection, why • 9. have you ever taken a safety course • 10. first firearm at what age • 11. is juror a hunter

14. voir dire questions for drug-related gun cases • final two questions: • 12. Do you understand there is nothing illegal about the responsible, licensed use of a firearm? • 2. Do you understand the defendant is on trial for the illegal use of a weapon?