What is the test for character in a criminal case?
California, United States of America
The following excerpt is from People v. Thomas, B242051 (Cal. App. 2014):
character, "is not more prejudicial than probative, and is not cumulative." (People v. Avitia (2005) 127 Cal.App.4th 185, 192.) Where, as here, the information alleges a gang enhancement, the prosecution may present expert testimony regarding criminal street gangs. (People v. Hernandez (2004) 33 Cal.4th 1040, 1047-1048.)
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