Can a jury rely on expert testimony about gang culture and habits to determine whether a crime is gang related?

California, United States of America


The following excerpt is from The People v. Williamson, E048092, No. FSB051614 (Cal. App. 2010):

"It is well settled that expert testimony about gang culture and habits is the type of evidence a jury may rely on to reach a verdict on a gang-related offense or a finding on a gang allegation. [Citation.]" (People v. Ferraez (2003) 112 Cal.App.4th 925, 930.) Here, the gang expert's testimony explained to the jury that "respect" was important to gangs and that committing violent crimes benefitted both the individual gang member and the gang because it was a means of gaining status. It was also a way of protecting the gang's reputation. The expert's testimony alone would not have been sufficient to find that the shooting was gang related. However, it was coupled with other evidence from which the jury could reasonably infer the crime was gang related.

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