What relationship must exist between a smaller group and a larger group to determine whether the smaller group constitutes a criminal street gang?

California, United States of America


The following excerpt is from People v. Vega, B214726, Los Angeles County Super. Ct. No. BA314454 (Cal. App. 2010):

Addressing the "the relationship that must exist before a smaller group can be considered part of a larger group for purposes of determining whether the smaller group constitutes a criminal street gang" the court in People v. Williams, supra, 167 Cal.App.4th at page 985, stated that "something more than a shared ideology or philosophy, or a name that contains the same word, must be shown before multiple units can be treated as a whole when determining whether a group constitutes a criminal street gang. Instead, some sort of collaborative activities or collective organizational structure must be inferable from the evidence, so that the various groups reasonably can be viewed as parts of the same overall organization." (Id. at p. 988.) The court held that the prosecution failed to make such a showing. (Ibid.)

Other Questions


Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang? (California, United States of America)
What constitutes a substantive offense under Section 186.22 of the California Criminal Code for "participating in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity"? (California, United States of America)
What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang? (California, United States of America)
What is the evidence used to determine whether a street gang is a criminal street gang? (California, United States of America)
Are Westside and Eastside street gangs considered to be "criminal street gangs" under section 1021.5 of the California Criminal Code? (California, United States of America)
Is there sufficient evidence to support the jury's finding that the California Criminal Street Gang is a criminal street gang? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
What is the test for establishing that a criminal street gang is a "criminal street gang"? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity a criminal offence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.