Is evidence of a defendant's gang membership admissible at trial?

California, United States of America


The following excerpt is from People v. Carter, 135 Cal.Rptr.2d 553, 30 Cal.4th 1166, 70 P.3d 981 (Cal. 2003):

Reviewing the trial court's ruling on this evidentiary question for abuse of discretion (People v. Champion (1995) 9 Cal.4th 879, 923, 39 Cal.Rptr.2d 547, 891 P.2d 93), we find no error. Although evidence of a defendant's gang membership creates a risk the jury will improperly infer the defendant has a criminal disposition and is therefore guilty of the offense charged?and thus should be carefully scrutinized by trial courts?such evidence is admissible when relevant to prove identity or motive, if its probative value is not substantially outweighed by its prejudicial effect. (People v. Williams (1997) 16 Cal.4th 153, 193, 66 Cal.Rptr.2d 123, 940 P.2d 710.)

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