In what circumstances have the courts abused their discretion to admit evidence of gang membership?

California, United States of America


The following excerpt is from People v. Jones, C054903 (Cal. App. 12/31/2008), C054903 (Cal. App. 2008):

In arguing the trial court abused its discretion, defendant relies on cases where the court found an abuse of discretion to admit evidence of gang membership to show the bias of a defense witness in favor of defendant. Thus, in People v. Cardenas (1982) 31 Cal.3d 897, it was an abuse of discretion to admit evidence a defense witness and defendant belonged to the same gang. "The probative value of the gang membership evidence was minimal at best. The evidence was offered to establish possible bias of the defense witnesses in favor of appellant. The prosecution sought to prove that the witnesses and appellant `live[d] in the same neighborhood' and `had the same circle of friends.' However, these facts had already been amply established by other testimony before the prosecutor began his inquiries into the witnesses' gang affiliations." (Id. at p. 904.)

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