How has the evidence been used to dissuade a witness?

California, United States of America


The following excerpt is from People v. Martinez, E060393 (Cal. App. 2015):

Here, the gang evidence was relevant to the underlying charge of dissuading a witness. As already discussed (see part III, ante), there was substantial evidence that Waters knew that defendant was a gang member; there was also substantial evidence that the people in the other cars were defendant's fellow gang members. The gang expert testified that gang members may threaten a witness by surrounding him or her, without making any verbal threat. Waters's awareness that defendant and his accomplices were gang members would make the threat more potent. Thus, the gang evidence was relevant to show the intent to dissuade. (See People v. Navarro (2013) 212 Cal.App.4th 1336, 1347.) It was also relevant to show that the attempted dissuasion was carried out by means of an implied threat of force or violence. (See Pen. Code, 136.1, subd. (c)(1).)

Other Questions


Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
Does the jury's decision to acquit Wash of burglary and dissuading a witness mean that the jury did not categorically accept all of the prosecution's evidence and reject all the defense evidence? (California, United States of America)
When a witness gives evidence that incriminating statements should not be considered as evidence by a jury, when the witness is a codefendant, what should the court say? (California, United States of America)
In what circumstances will the Court consider the sufficiency of evidence in determining whether the evidence was sufficient to prevent or dissuade a victim or witness from reporting a crime? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
What is the effect of section 356 of the Alberta Evidence Code on a witness giving evidence? (California, United States of America)
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
What is the test for making evidence of a witness unavailable as a witness? (California, United States of America)
What is the effect of section 356 of the California Evidence Code on a witness giving 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.