Does the hearsay rule apply to statements admitting gang membership?

California, United States of America


The following excerpt is from People v. Parks, E067898 (Cal. App. 2018):

hearsay rule, whether the witnesses were unavailable, and whether they qualify as case-specific facts. The trial court found the statements admitting gang membership fell within the exception to the hearsay rule for statements against their interests. Defendant argues that in the trial court, the People failed to prove the witnesses were unavailable, but this particular objection was not articulated in the trial court, so ordinarily we would not need to address that issue. (Evid. Code, 353; People v. Williams (2008) 43 Cal.4th 584, 620.) In any event, as we will demonstrate, because the "pattern of criminal gang activity" falls within the class of background evidence on which an expert may rely in forming an opinion notwithstanding its hearsay nature, any objection would have been properly overruled.

Other Questions


What is the test for admitting a hearsay statement in a criminal case? (California, United States of America)
What is the test for admitting or denying evidence that is hearsay on hearsay grounds? (California, United States of America)
Does a hearsay statement that identifies a defendant by name as the driver of a car involved in a shooting constitute hearsay evidence? (California, United States of America)
What is the test for admitting hearsay evidence under the hearsay exception? (California, United States of America)
What is the test for admitting hearsay statements by a child as evidence in a criminal case? (California, United States of America)
What is the test for admitting evidence of a statement made by a witness under the hearsay rule? (California, United States of America)
Does the confrontation clause apply to hearsay statements? (California, United States of America)
What is the test for admitting a statement that was erroneously admitted at trial? (California, United States of America)
Can evidence of an extrajudicial statement be admitted as an exception to the hearsay rule? (California, United States of America)
When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.