How has the court treated gang evidence in the context of an assault and attempted murder case?

California, United States of America


The following excerpt is from People v. Ramirez, 198 Cal.Rptr.3d 318, 244 Cal.App.4th 800 (Cal. App. 2016):

None of this gang evidence was relevant to the attempted murder and assault charges, but its potential prejudicial effect upon them was manifest. "California courts have long recognized the potentially prejudicial effect of gang membership.... It is fair to say that when the word gang is used ..., one does not have visions of the characters from Our Little Gang series. The word "gang"... connotes opprobrious implications.... [T]he word "gang" takes on a sinister meaning when it is associated with activities.' [Citation.]" (People v. Albarran (2007) 149 Cal.App.4th 214, 223, 57 Cal.Rptr.3d 92 ) It also tended to impermissibly show defendants' bad character as a means of creating an inference they committed these charged offenses. (Evid.Code, 1101, subd. (a).)

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