Can evidence of a defendant's alleged membership of a criminal gang be used at trial?

California, United States of America


The following excerpt is from People v. King, B247438 (Cal. App. 2014):

[Citation.] '"We review for abuse of discretion a trial court's rulings on relevance and the admission or exclusion of evidence under Evidence Code sections 1101 and 352." [Citation.]' [Citation.]" (People v. Fuiava (2012) 53 Cal.4th 622, 667-668.) Further, evidence of a "defendant's gang affiliationincluding evidence of the gang's territory, membership, signs, symbols, beliefs and practices, criminal enterprises, rivalries, and the likecan help prove identity, motive, modus operandi, specific intent, means of applying force or fear, or other issues pertinent to guilt of the charged crime." (People v. Hernandez (2004) 33 Cal.4th 1040, 1049.)

Other Questions


When two or more criminal charges are consolidated for trial against a single defendant, does Section 954 of the California Criminal Code require a separate trial? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
What are the cumulative effect of the trial court's alleged omissions by trial counsel and alleged deficiencies in the evidentiary evidence? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is a defendant entitled to a fair trial if his trial attorney objected to the alleged judicial misconduct or impeachment evidence? (California, United States of America)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.