Is gang membership evidence admissible in criminal cases?

California, United States of America


The following excerpt is from People v. Soto, C081632 (Cal. App. 2017):

"Nonetheless, evidence related to gang membership is not insulated from the general rule that all relevant evidence is admissible if it is relevant to a material issue in the case other than character, is not more prejudicial than probative, and is not cumulative. (People v. Avitia (2005) 127 Cal.App.4th 185, 192; see also People v. Hernandez (2004) 33 Cal.4th 1040, 1049; Evid. Code, 210, 351.)

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