Is membership of a criminal gang a sufficient evidence to establish aiding and abetting?

California, United States of America


The following excerpt is from People v. Pineda, B222913 (Cal. App. 2011):

3. "Membership in a gang cannot served [sic] as proof of intent, or of the facilitation, advice, aid, promotion, encouragement or instigation that is necessary to establish aiding and abetting." (Citing Mitchell v. Prunty (9th Cir. 1997) 107 F.3d 1337, 1342.)

4. "Membership in an organization does not lead reasonably to any inference as to the conduct of a member on a given occasion. Such inferences are unreasonable based upon the theory of guilt by association." (Citing People v. Perez, supra, 114 Cal.App.3d at p. 477.)

Page 37

Other Questions


Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
When a criminal defendant challenges the sufficiency of the evidence, what is the standard of review required by the California Court of Appeal to determine whether the evidence is sufficient? (California, United States of America)
What is the test for exclusion of evidence in a criminal case based on evidence of gang membership? (California, United States of America)
Does the crime scene need to be sufficient to establish "act tending to demonstrate aiding and abetting"? (California, United States of America)
Is insufficient evidence sufficient to overturn a conviction of aiding and abetting premeditated murder? (California, United States of America)
Is there sufficient evidence to establish that a defendant committed a first-degree murder under section 189 of the Ontario Criminal Code? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
What is the substantial evidence standard of review applied to challenges to the sufficiency of evidence in a juvenile proceeding involving criminal behavior? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
What is sufficient evidence to have been sufficient evidence for a jury to find that defendant intentionally poisoned a patient? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.