What is the standard of evidence used by a jury to prove a gang allegation?
California, United States of America
The following excerpt is from People v. Trinidad, B184563 (Cal. App. 12/6/2006), B184563 (Cal. App. 2006):
"It is well settled that expert testimony about gang culture and habits is the type of evidence a jury may rely on to reach a verdict on a gang-related offense or a finding on a gang allegation. [Citation.]" (People v. Ferraez (2003) 112 Cal.App.4th 925, 930.) "To prove a gang allegation, an expert witness may testify about criminal street gangs. [Citation.]" (People v. Romero (2006) 140 Cal.App.4th 15, 18.)
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