Can a jury infer a person's gang membership based on their tattoos?

California, United States of America


The following excerpt is from People v. SMITH, B221075, Los Angeles County Super. Ct. No. TA106144 (Cal. App. 2011):

1 Defendant argues the jury could not infer he was a gang member based on his tattoos because he was in the process of having them removed. We disagree. Defendant did not introduce any evidence establishing he was having his tattoos removed. Instead, the gang expert agreed one explanation for the faded quality of the tattoos was that defendant was having them removed. The jury was free to reject defendant's suggestion and could reasonably infer that the "G" and "ST" tattoos, while faded, were still an indication of defendant's gang membership. Moreover, as described further above, there was additional evidence from which the jury could infer defendant was still an active Grape Street Crips gang member. "[T]hat there is conflicting or contrary evidence is only a factual and credibility determination performed by the jury. We may not take it into consideration but only decide if there is enough evidence supporting the finding, and the record reflects sufficient evidence to affirm the substantive crime and the enhancement." (People v. Martinez (2008) 158 Cal.App.4th 1324, 1334.)

Other Questions


What is the test for maintaining a personal representative's personal will in a personal injury case? (California, United States of America)
What is the "reasonable person" standard in determining whether a person is a reasonable person? (California, United States of America)
What is the maximum term a person may be committed to a state hospital based on a determination that the person is mentally incompetent to stand trial? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
Does Section 12022.7 of the California Criminal Code apply to a person who personally inflicts great bodily injury on another person other than an accomplice? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
Is a person seeking habeas corpus relief from a judgment of death entitled to discovery in a personal injury case? (California, United States of America)
What is the current state of the law on garnishment and seizure of a person's personal property? (California, United States of America)
Is a prosecutor's personal opinion a personal opinion? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.