Can a jury consider gang activity evidence to prove that a defendant has a bad character or is disposed to commit crime?
California, United States of America
The following excerpt is from People v. Cuevas, H036928 (Cal. App. 2013):
Appellant fails to acknowledge that the court properly instructed the jury that it was not permitted to consider the gang activity evidence to prove defendant has a bad character or is disposed to commit a crime. It is, of course, presumed the jury understood and followed the court's instruction in the absence of any showing to the contrary. (People v. Yeoman (2003) 31 Cal.4th 93, 139.)
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