This evaluation found that selective prosecution has been an effective strategy in Los Angeles, as Operation Hardcore has obtained demonstrable improvements in the criminal justice handling of gang defendants and their cases.
The prosecution of violent gang cases has the following difficulties: (1) evidentiary and logistical problems due to the collective nature of gang criminal incidents, (1) problems due to witness reluctance to participate in the case due to gang intimidation, and (3) problems due to the alien nature of the gang lifestyle, which theatens the credibility of gang evidence and motives before juries. Operation Hardcore has been designed so as to give prosecutors time to assess the situations and motivations of witnesses and deal appropriately with the situation of each witness. Further, ensuring that the prosecutors of violent gang cases have a low caseload permits comprehensive overseeing of case processing. Also, Operation Hardcore has worked closely with law enforcement agencies, particularly law enforcement gang specialists, to develop needed evidence. The results of an analysis of defendants and cases handled by the program, as compared to similar defendants and cases handled by nonprogram attorneys both before and during program operations, indicates that this program is having the expected effects on criminal justice performance. There have been more convictions, fewer dismissals, and convictions on more serious charges in cases handled by Operation Hardcore. Where there is sentencing discretion in the commitment of convicted young adults to the California Youth Authority, the program shows a higher rate of State prison commitments. Tabular data and 28 references are provided.