Can a jury rely on expert testimony about gang culture and habits to determine whether a crime committed by a defendant was committed for the benefit of a gang?

California, United States of America


The following excerpt is from People v. Smith, B232030 (Cal. App. 2012):

In addition, "[i]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 finding on a gang allegation. [Citation.]" (People v. Ferraez (2003) 112 Cal.App.4th 925, 930.) Although a gang expert may not testify as to whether a particular defendant committed the crime for the benefit of a gang, an expert "properly could . . . express an opinion, based on hypothetical questions that tracked the evidence, whether the [crime], if the jury found it in fact occurred, would have been for a gang purpose." (People v. Vang (2011) 52 Cal.4th 1038, 1048.) As stated in Vang, "'[e]xpert opinion that particular criminal conduct benefited a gang' is not only permissible but can be sufficient to support the . . . section 186.22, subdivision (b)(1), gang enhancement. [Citation.]" (Ibid.)

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