Does a gang expert have a role in determining whether a defendant committed a crime for a gang purpose?
California, United States of America
The following excerpt is from People v. Gutierrez, F078464 (Cal. App. 2020):
3. To be clear, a gang expert cannot opine directly on a particular defendant's intent or whether he committed a crime for a gang purpose. (People v. Vang, supra, 52 Cal.4th at p. 1049.) Rather, the expert is permitted only to give an opinion on a hypothetical subject's intent and whether a hypothetical crime was committed for a gang purpose. (Ibid.)
4. The prosecutor posed the following hypothetical question:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
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)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the test for determining whether a defendant has been found to have committed a sexual assault against another defendant? (California, United States of America)
What is the associated crime factor for determining whether a defendant has committed a criminal offence? (California, United States of America)
What is the test for determining whether a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
Can a defendant who committed an assault with intent to commit sex crimes such as kidnapping, rape and forcible oral copulation receive a determinate sentence for the assault that followed? (California, United States of America)
