How have courts treated evidence that a defendant was a member of a criminal gang?

California, United States of America


The following excerpt is from People v. Swafford, B277723 (Cal. App. 2017):

Even if the trial court had erred in admitting this evidence, which it did not, any such error would have been harmless. (People v. Watson (1956) 46 Cal.2d 818, 836.) The jury was given the following cautionary instruction "The fact that the defendant in this case may or may not be a member of, or may or may not be associated with a gang, is not an issue in this case and is therefore not a question that is to be considered by you. Membership in or association with a gang is not a crime. You

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