What is the test for evidence of gang membership in criminal proceedings?

California, United States of America


The following excerpt is from People v. Thompson, E062971 (Cal. App. 2017):

minimal. [Citations.] But evidence of gang membership is often relevant to, and admissible regarding, the charged offense. Evidence of the defendant's gang affiliationincluding evidence of the gang's territory, membership, signs, symbols, beliefs and practices, criminal enterprises, rivalries, and the likecan help prove identity, motive, modus operandi, specific intent, means of applying force or fear, or other issues pertinent to guilt of the charged crime." (People v. Hernandez (2004) 33 Cal.4th 1040, 1049.)

"Gang evidence is admissible if it is logically relevant to some material issue in the case other than character evidence, is not more prejudicial than probative, and is not cumulative." (People v. Avitia (2005) 127 Cal.App.4th 185, 192.)

Other Questions


What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
Is evidence of gang membership and activity admissible in criminal proceedings? (California, United States of America)
What is the impact of admitting evidence of gang membership in criminal proceedings? (California, United States of America)
Is there a criminal proceeding required for destruction of evidence pursuant to section 136 of the California Criminal Code? (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)
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime? (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 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)
Is evidence of gang membership admissible in criminal proceedings? (California, United States of America)
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.