How have the courts treated evidence of criminal gang activity at trial?

California, United States of America


The following excerpt is from People v. Cheatham, B283821 (Cal. App. 2019):

Moreover, the gang evidence was not more prejudicial than probative and would not have swayed the jury to find defendant guilty regardless of the other evidence presented at trial. (People v. Hernandez, supra, 33 Cal.4th at p. 1051.) The gang evidence was brief and limited, and merely confirmed defendant's gang membership without providing any specific details of gang activity. No gang expert testified regarding gang culture or habits. Given the important impeachment value of this evidence, the trial court properly admitted the gang evidence.

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